Virginia judge deals blow to Democrats' redistricting push ahead of Midterms

Tazewell, Virginia - A judge in Virginia on Tuesday dealt a blow to Democrats' redistricting plans in the state ahead of the 2026 midterm elections.

Democratic state lawmakers in Virginia have announced they will appeal a judge's decision to block a referendum on redistricting ahead of the 2026 midterms.  © IMAGO / Dreamstime

In October and in a special session this month, Democratic state lawmakers passed a constitutional amendment that could allow for the state's congressional map to be redrawn before November, pending approval by voters.

In order to hold a referendum on a constitutional amendment, state lawmakers must pass it twice, with an election in between the sessions.

Tazewell County Circuit Judge Jack Hurley Jr. on Tuesday blocked the referendum from moving forward, arguing In his ruling that Democrats had violated legislative rules.

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Hurley declared the amendment invalid because Democrats had failed to approve it before the start of early voting in the November 2025 general election. He also said Democrats had not published the amendment three months before the election and had improperly added redistricting to the list of issues for the special session.

In response, Virginians for Fair Elections said in a statement, "This is a clear attempt to confuse voters and block them from having a say. Republicans court-shopped for a ruling because litigation and misinformation are the only tools they have left."

Hurley was appointed by Republican Governor Bob McDonnell in 2012.

"We always knew this would be a fight – because this has never been about what's easy. It's about what's right: leveling the playing field and protecting the right to vote," Virginia House Speaker Don Scott, a Democrat, said in a statement on X.

"Today's ruling won’t deter us. Republicans who can't win at the ballot box are abusing the courts to sow confusion and block Virginians from voting. We will appeal immediately, and we expect to prevail. Voters – not politicians – will have the final say."

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Mid-cycle redistricting battles pick up as 2026 elections near

California Governor Gavin Newsom speaks in support of the Election Rigging Response Act at a press conference in Los Angeles on August 14, 2025.  © MARIO TAMA / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Redistricting typically happens once every 10 years after the release of new US Census data.

Ahead of the 2026 midterms, the Trump administration has pressured Republican-led states to redraw their electoral maps in hopes of retaining a GOP majority in Congress' lower chamber.

Texas in August approved new maps designed to deliver five additional congressional seats to Republicans in 2026. Missouri and North Carolina have also enacted new gerrymandered maps in favor of the GOP.

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Last November, California voters approved Proposition 50, also known as the Election Rigging Response Act – a ballot initiative expected to deliver five more US House seats to Democrats.

Earlier this month, a state judge in New York ruled the state must redraw its congressional maps, opening the door for Democrats to gain another House seat in 2026.

Trump said in an Iowa rally on Tuesday that "it would lead to very bad things" if Republicans lost the upcoming midterms.

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