Virginia Supreme Court will review legality of redistricting amendment after April 21 special election

There are less than three weeks until the early voting period will begin for a special election to determine whether Virginia will redraw Congressional districts to give Democratic candidates a partisan advantage.

The question posted on the Virginia Department of Elections website reads:

“Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia’s standard redistricting process resumes for all future redistricting after the 2030 census?”

Today the Virginia Supreme Court ruled that the process can continue as they consider an appeal of a lower court ruling that a first reference of a Constitutional amendment to redraw maps was not valid. Read the order here.

The Constitution requires an amendment to pass in two sessions with a House of Delegates election in between. Among other things, Tazewell County Circuit Court Judge Jack Hurley Jr. ruled in January that the Democratic majority did not have the authority to add consideration of the amendment to the parameters of a special session convened last fall.

Judge Hurley has until February 20 to provide the certified record of proceedings. The court also granted Attorney General Jay Jones the ability to intervene in the case.

The Court of Appeals filed a motion to forward the case straight on to the Virginia Supreme Court and the highest court agreed. However, action on a case now known as Scott et al. v. McDougle et al will not be swift.

The Democrats appealing the case have until March 23 to file their opening briefs. Republicans and other parties who want to uphold Judge Hurley’s ruling have until April 13 to file their briefs. Democrats will have until April 23 to respond.

An oral argument has not been scheduled.

The special election is on April 21. The primary for Congressional races is on June 16 and early voting for that race begins on May 1.

The maps, released last week, have been redrawn to create additional districts drawn specifically to have a majority of voters who tend to vote for Democrats. Only one district, the 9th, is drawn to favor a Republican. Charlottesville would be in a newly drawn 6th District that would span southwest to Radford and to the northwest as far as Harrisonburg.

Before you go: Paid subscribers cover the cost of conducting research for this article which was originally published in the February 13, 2026 edition of Charlottesville Community Engagement. The gap between posting to the two sites is due to illness and a sudden change of plans. Management is considering a change in production to streamline the process.