Tazewell County judge invalidates redistricting amendment; Democrats to appeal

Plans by Democrats in the Virginia General Assembly to amend the Virginia Constitution to allow for a Congressional redistricting this year have hit a major legal obstacle.

Republican Senator Ryan T. McDougle filed suit against House of Delegates Clerk G. Paul Nardo and Speaker of the House Don Scott arguing that the Democratic majority did not follow rules when voting on a Constitutional amendment during a special session last fall. A hearing was held on January 21, 2026.

In a written ruling, Tazewell Circuit Court Judge Jack Hurley Jr. determined that the General Assembly was in a valid and legal special session last October when they first adopted the joint resolution to set up a referendum later this year.

However, Hurley ruled a resolution to amend the parameters of the special session was not valid because there was not unanimous consent or a super majority as called for in the rules.

“The vote on this procedural resolution was passed strictly along party lines, in the House 50-42 and 21-17 in the Senate,” Judge Hurley wrote. “This blatant abuse of power by a majority IGNORES their own rules and resolutions thereby trampling ANY and ALL procedural rights of the minority.”

Under the Virginia Constitution, amendments to the Constitution must pass the General Assembly twice with a House of Delegates in between. Plaintiffs argued the election had already been underway for 43 days when the Virginia Senate voted on October 31. Judge Hurley agreed.

“There is no rational conclusion except that the ELECTION began on the first day of voting (September 19, 2025) and ended on November 4, 2025,” Hurley wrote.

Plaintiffs’ fourth challenge had been that the amendment was invalid because the proposed text was not posted on the front door of every courthouse in Virginia. Judge Hurley agreed to this as well and said that this year’s approval of the Constitution amendments cannot count as a second reading.

In a statement, Democratic leaders said they would appeal the case and did so on January 28.

“This was court-shopping, plain and simple,” reads a statement. “We’re prepared for the next step, and voters – not politicians – will have the final say.”

Republicans responded with a statement of their own.

“The court confirmed that Democrat legislative leaders unlawfully expanded a Special Session, violated their own rules, and attempted to force through a redistricting constitutional amendment while Virginians were already voting,” reads their statement.

Both chambers of the General Assembly have passed a bill to hold a special election in Virginia on April 21. If that comes to pass, voters will be asked whether they support amending the Constitution to allow for a one-time Congressional redistricting for partisan gain to counter efforts elsewhere in the nation. 

HB1384 passed the House on January 26 with a vote of 62 to 34 with four members not voting. Three days later, the Senate passed the bill on a 21 to 19 vote straightly on partisan lines. The bill goes to Governor Abigail Spanberger.

If Democrats are successful in their appeal, early voting would begin on March 6.

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