RICHMOND, Va. — Virginia's redistricting efforts are dead after the state Supreme Court issued a 4-3 ruling Thursday morning finding the process lawmakers used to get the issue before voters last month was unconstitutional.
As a result, the court ruled the April 21 referendum — which was approved by nearly 52% of voters — is null and void. That means the congressional map that favors Democrats 10-1 will not be used in this year's midterms. Virginia will stick with the current map that favors Democrats 6-5.
The majority of justices ruled that one of the required steps to change Virginia's constitution was not followed — and it centers on last November's election.
Virginia requires lawmakers pass referendum language twice, with an intervening election of the House of Delegates in between. The first passage came last October, when early voting had already started. Republicans argued that meant it could not count as the intervening election. Democrats argued only Election Day itself is what matters.
In the majority decision, the justices wrote in part: "the General Assembly passed the proposed constitutional amendment for the first time well after voters had begun casting ballots during the 2025 general election."
In the dissent, the justices wrote in part that the majority had expanded what the word "election" meant in the constitution, adding: "This is in direct conflict with how both Virginia and federal law define an election."
Republican State Senator Ryan McDougle of Hanover, who sued Democratic leadership over the process, said the court got it right.
"The court got the decision right. They read the law, they looked at the Constitution, and they followed the Constitution," McDougle said.
McDougle and other state Republicans argued Democrats did not follow the requirements needed to change the state constitution to replace the current map.
"As we have been saying from the beginning, you cannot violate the Constitution in order to change the Constitution," McDougle said.
McDougle also pushed back on the argument that the election outcome should have shielded the referendum from being overturned.
"The other side asked the court not to rule before the election, and then after the election, they asked the court not to rule on the Constitution because the election had occurred, whether the Constitution was followed should not matter whether there was an election or not," McDougle said.
Not everyone agreed with the ruling. Michelle Jump said she drove in from Henrico shortly after the decision was released to express her opposition, calling it outrageous and saying the justices threw it out on a technicality.
"We as Virginians voted for this map. We voted for this because we want to see balance restored to this nation and we want to do that in any way we can," Jump said.
Democrats say the decision overturns the will of more than 1.6 million voters who approved a redrawing of the congressional maps.
In a statement, House Speaker Don Scott said he will respect the ruling but added "we will keep fighting for a democracy where voters – not politicians – have the final say. Because in Virginia, power still belongs to the people."
Senate Majority Leader Scott Surovell called the decision unprecedented, saying it was the first time the court set aside the results of a statewide election.
Attorney General Jay Jones, whose office attempted to defend the referendum process, said in a statement they were reviewing what he called "an unprecedented order" and are "evaluating every legal pathway forward to defend the will of the people."
Virginia's redistricting fight is part of a larger one happening nationwide. It started last summer when President Donald Trump asked Republican-led states to get him more seats ahead of the midterms, and it gained momentum last week when the U.S. Supreme Court overturned parts of the Voting Rights Act.
The Associated Press contributed to this report.
This is a developing story. Email the CBS 6 Newsroom if you have additional information to share.
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