Virginia judge reloads rejection of Democrats’ redistricting plan

TAZEWELL, Va. (CN) — A local judge halted Virginia Democrats' congressional redistricting plot Thursday, ruling the proposed ballot language violates state law. 

The injunction comes a day after the Republican National Committee, the National Republican Congressional Committee and Virginia-based Republican U.S. Representatives Ben Cline and Morgan Griffith sued the Virginia Department of Elections, opting for a venue more than 200 miles from the state capital of Richmond.

Tazewell County Circuit Judge Jack Hurley Jr. paused the upcoming referendum, which the Democratic-controlled General Assembly scheduled to begin early voting on March 6. The judge set the injunction to dissolve unless he grants further relief by March 18. 

Democratic Attorney General Jay Jones reportedly plans to appeal the order.

It marks the second lawsuit filed in Tazewell attempting to halt the referendum. Hurley already sided with Republican leadership in late January, ruling against the Democrats and the clerks of the General Assembly.

Republicans argued Democrats circumvented legislative procedure when they began the redistricting effort in response to President Donald Trump's calls on states, including Texas and North Carolina, to redraw congressional maps to help elect more Republicans. Democrats claim the map will deliver four additional blue seats to Congress after the November midterm elections.

Democrats appealed the ruling to the Virginia Supreme Court, which last week delivered a win for Democrats by punting any decision on the matter until after the election, making it difficult for the court to overrule.

"Republicans ran back to the same judge — even though the law requires these cases to be filed in Richmond — in a second attempt to take this issue away from voters," Democratic Speaker of the House of Delegates Don Scott said in response to Thursday's injunction order. "The Supreme Court of Virginia has already made clear that this matter will go to the voters, but Republicans unhappy with that ruling went back to their friendly judge." 

Hurley found merit in the new plaintiffs' argument concerning the ballot question's language. The judge further sided with Republicans in ruling that the referendum violates the timing requirements set out in the state constitution.  

"Today's grant of a temporary restraining order by the Tazewell Circuit Court is a necessary step to protect Virginia voters from an illegal and rushed redistricting referendum," State Republican Senate Minority Leader Ryan McDougle and his House of Delegates counterpart, Terry Kilgore, said in a statement. "Virginians deserve transparency, fairness and adherence to the law — not backroom deals." 

The state constitution requires the General Assembly to give voters two opportunities to vote on representation before implementing any amendments. Democrats, who control both chambers, recalled legislators in October, where the amendment passed on party lines under the guise of a special session initially called in 2024 to correct a budgetary error.

The proposed ballot question asks: "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?"

Hurley called the question misleading. 

"The court also finds that plaintiffs are likely to succeed on their claim that the ballot language as set by HB 1384 violates the submission clause of Article XII, Section 1 of Virginia's Constitution because it is misleading, in particular the 'restore fairness' language because it would lead a voter to believe he or she were doing something unfair by voting against the proposed amendment," Hurley said. 

Hurley also rejected Democrats' challenge to the venue of the two lawsuits, which they claim should be litigated in Richmond. Republican U.S. Representatives John McGuire and Rob Wittman, who both stand to lose their seats due to the proposed redistricting, filed a similar challenge in Richmond on Wednesday. The congressmen in the Richmond lawsuit also attack the ballot language on multiple grounds, including that it does not fairly reflect the substance of the proposed amendment. 

McGuire and Wittman, along with voter Melissa Jurk, claim the ballot language violates the free speech clause of the U.S. Constitution and the state constitution. They don't seek to halt the referendum but rather request the court order the General Assembly adopt new ballot language. 

"The gerrymandering amendment, if adopted and implemented as its sponsors intend, would not 'restore fairness' but would instead replace fair, court-drawn districts that closely mirror the statewide popular vote with an extreme partisan gerrymander designed to produce a patently unfair lopsided 10-1 delegation favoring one political party," McGuire and Wittman said. "Far from being asked whether they wish to empower the General Assembly to 'restore fairness in the upcoming elections,' the people will, in reality, be asked on April 21 whether they support dismantling decades of bipartisan progress in favor of aggrandizing considerable redistricting authority in the General Assembly to all but ensure the dominance of a single political party for the remainder of the decade." 

Virginia voters approved an amendment to the state constitution in 2020 that created an independent, nonpartisan redistricting commission consisting of eight members of the General Assembly and eight citizens. Democratic Delegate Rodney Willett pitched the constitutional amendment containing trigger language that would allow Virginia to modify congressional districts if another state modifies its districts for reasons other than a court order. Christopher Newport University released a poll in January indicating that the majority of voters prefer the current way Virginia redistricts.

Democrats argue redistricting is necessary to combat the Trump administration. Virginia currently has six Democratic representatives and five Republicans.

The Republican National Committee declined an opportunity to comment. 

"I am confident this will be overturned," Scott said. "Voters will decide this referendum."