Updated May 8, 2026 — The Virginia Supreme Court on Friday invalidated a voter-approved congressional redistricting referendum, overturning a new map that would have favored Democrats and potentially increased their U.S. House seats.
The court found the process used to place the constitutional amendment before voters violated Article XII, Section 1 of the Virginia Constitution, specifically the requirement that an intervening election for the House of Delegates occur between two General Assembly approvals of an amendment. The opinion said the commonwealth had “submitted a proposed constitutional amendment to Virginia voters in an unprecedented manner that violated the intervening-election requirement,” a violation that “irreparably undermines the integrity of the resulting referendum vote and renders it null and void.”
Under Virginia law, a constitutional amendment must be approved by the General Assembly in two separate sessions, with an election for the House of Delegates held between those approvals. In this case, the court noted, voting in the general election for the House of Delegates began Sept. 19, 2025, and concluded on Election Day, Nov. 4, 2025. The General Assembly’s vote to propose the redistricting amendment occurred on Oct. 31, by which time roughly 40% of voters — more than 1.3 million Virginians — had already cast ballots. The court concluded that those voters were deprived of their constitutionally protected opportunity to elect the House of Delegates that would participate in the required second legislative vote.
The rejected map would have made Democrats competitive in 10 House districts and left only one safe Republican seat. Currently, Virginia’s U.S. House delegation is split between six Democrats and five Republicans, and both of the state’s U.S. senators are Democrats.
Democratic leaders signaled they planned to seek further review. In a court filing Friday evening, attorneys for Democratic Speaker of the Virginia House of Delegates Don Scott said state Democratic leaders intended to file an emergency petition to the U.S. Supreme Court.
Virginia Senate Republican Leader Ryan T. McDougle praised the state court’s ruling. “The Supreme Court ruling today affirms what we all know: you cannot violate the Constitution to change the Constitution,” he said, adding that the justices affirmed the General Assembly must follow the law.
Scott said his office respected the decision and expressed pride that Virginians voted in historic numbers. “I’m proud that Virginians came out in historic numbers, made their voices heard, and sent a message not just here at home — but across the country — to Donald Trump and his administration,” he said.
President Trump called the decision a “huge win for the Republican Party, and America, in Virginia.”
The ruling comes amid a broader nationwide fight over congressional maps. After Texas in 2025 attempted a redistricting effort seen as more favorable to Republicans, several states — both Democratic- and Republican-led — have moved to revisit or redraw their maps. California Gov. Gavin Newsom, for example, announced plans to reshape that state’s map in response to recent developments.
Sen. Tim Kaine of Virginia, a Democrat, framed the issue as one of voter choice and campaign strategy. “Unlike GOP-led states that redrew their congressional maps in backroom deals, Virginia let the people decide,” he said. “But the Virginia Supreme Court has blocked the people’s choice. So we have to campaign and win on their maps. We can do it!”
The decision in Scott v. McDougle removes the voter-approved map from effect and returns the state to its prior congressional boundaries while legal and political responses play out.