A Virginia state court judge ruled Wednesday that the state’s redistricting referendum, passed the previous day, was legally flawed from its inception and therefore void.
Virginians voted on Tuesday, 51.5 percent to 48.5 percent, to allow the redrawing of the state’s congressional districts, taking the current party breakdown from a 6-5 split to a potential 10-1 party advantage.
Tazewell County Circuit Court Judge Jack Hurley issued an injunction late Wednesday, concluding, “Any and all votes for or against the proposed constitutional amendment in the April 21, 2026 special election are ineffective,” CNBC reported.
The judge said the referendum question was void “ab initio” — Latin for “from the beginning.”
There was already an active court challenge brought by Republicans before Tuesday’s election.
In January, a Tazewell County state court judge ruled against the Democrats’ redistricting plan, listing several issues with the effort. The Virginia Supreme Court ruled in March that the election could go forward, but not the underlying legal issues raised, the Associated Press reported.
“The court still has not ruled on whether the mid-decade redistricting amendment and referendum are legal, indicating that the scheduled April vote could be all for nothing if the top court upholds a lower court ruling blocking the effort,” the Associated Press said at the time.
One issue identified by Hurley is that the referendum seeks to change the congressional districts through a constitutional amendment, but the amendment was taken up during a special legislative session to address the budget, which was not allowed under Virginia law without a two-thirds vote of the legislature.
Additionally, the amendment must be approved by two separate votes of the legislature, with an election between the votes. Early voting in last fall’s election was already underway when the proposed amendment passed the legislature.
Former GOP Virginia Attorney General Ken Cuccinelli posted on social media on Wednesday, before the court’s latest ruling, that the Virginia Constitution also requires that “every electoral district shall be composed of contiguous and compact territory,” explaining the “proposed congressional maps violate this contiguity requirement (rather badly).”
The new map would create multiple districts that originate in Democrat-heavy northern Virginia around Washington, D.C., and extend south.
5 districts in Virginia now start in this circle…
Tentacles from DC reaching across the state. pic.twitter.com/Ek4InrNcxl
— Geiger Capital (@Geiger_Capital) April 22, 2026
Cuccinelli responded to Hurley’s Wednesday ruling, posting on X, “The Tazewell Circuit Court just ruled the referendum unconstitutional. The Judge entered an injunction blocking certification of the election & denied a motion to stay pending appeal. A final order will be entered once drafted, & it will be immediately appealed.”
He added in another post that the ruling is “sweeping.”
@TylerEnglander has a copy of the Tazewell (that’s “Tazz-wuhl” folks, not Taaze-well) Court order, below.
My one-word summary: “sweeping” https://t.co/KTC4hUMUxe
— Ken Cuccinelli II (@KenCuccinelli) April 22, 2026
Current Democrat Virginia Attorney General Jay Jones said his office will appeal, according to CNBC.
Attorney General Jay Jones Shares Statement on Republican National Committee v. Koski Tazewell County Circuit Court Injunction pic.twitter.com/jKpyZJ1ACr
— Attorney General Jay Jones (@AGJayJones) April 22, 2026
“As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote,” the attorney general said. “We look forward to defending the outcome of last night’s election in court.”
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