Virginia Judge Strikes Down Redistricting Push, Cites Overreach of Authority

A Virginia circuit court judge has ruled that lawmakers overstepped their authority during a 2024 special legislative session, voiding a General Assembly-approved redistricting amendment. The ruling, issued by Tazewell County Circuit Court Judge Jack S. Hurley Jr., found that lawmakers improperly added redistricting to the list of issues allowed during the special session without the required unanimous consent or supermajority vote.

Background of the Case

The lawsuit centered on whether lawmakers could take up a redistricting-related constitutional amendment during a special session initially convened to address budget matters. Judge Hurley wrote, “Certainly, both houses of the Commonwealth’s legislature are required to follow their own rules and resolutions.” The court found that lawmakers failed to comply with these rules, thereby violating constitutional requirements tied to elections and voter notice.

Key Findings of the Ruling

• Lawmakers improperly added redistricting to the list of issues allowed during the special session without the required unanimous consent or supermajority vote.
• The joint resolution proposing changes to how congressional and legislative districts are drawn fell outside the limits lawmakers themselves set when the special session was called.
• The court rejected arguments that an election occurs only on Election Day rather than during early voting, noting that over one million Virginians had already cast ballots in the 2025 House of Delegates elections.
• Lawmakers failed to comply with a state law requiring proposed constitutional amendments to be publicly posted and published ahead of the next election.

Consequences of the Ruling

The ruling delivers a major setback to lawmakers seeking to alter Virginia’s redistricting process and underscores limits on legislative power during special sessions. Judge Hurley issued both temporary and permanent injunctions blocking further action on the amendment, effectively preventing it from being submitted to voters.

This decision has significant implications for the redistricting process in Virginia and highlights the importance of adhering to constitutional requirements and legislative rules. As the 2026 midterms approach, this ruling serves as a reminder of the ongoing battles over redistricting and the balance of power in the state.

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