Is there any hope left to fight the Virginia redistricting?
By Easton Martin | April 22, 2026
The approval of the Virginia redistricting referendum on April 21, 2026 has many wondering, can anything be done to stop it still? Republicans are not out of options. Indeed, there are still at least four primary constitutional challenges regarding the amendment process.
The first challenge addresses the procedural validity of the initial passage within the General Assembly. This legislative step occurred during a 2024 special session that was legally restricted to budget matters. The legislature failed to obtain the two-thirds vote required to expand the session’s scope to include the redistricting proposal. A Tazewell County judge previously found this specific legislative action void from the beginning.
The second challenge focuses on the timing of the amendment process in relation to state elections. Article XII Section 1 of the Virginia Constitution requires a general election of the House of Delegates to occur between the first and second passage of any amendment. The first passage of this measure took place during an active election cycle. This specific timing failed to provide the mandatory intervening election required by the state constitution.
The third challenge concerns the mandatory timeframe for submitting a proposed amendment to the voters for a final decision. State law stipulates that a referendum must take place no sooner than ninety days after the final legislative passage. The timeline between the second legislative passage and the April 21 vote did not satisfy this specific requirement. This timing violation serves as a central point in the upcoming legal proceedings within the state court system.
The final challenge targets the physical composition of the proposed congressional maps. Article II Section 6 mandates that every electoral district must consist of contiguous and compact territory. The maps accompanying the referendum violate this contiguity requirement in a significant manner. The matter will now proceed to the court system for a final determination on these outstanding constitutional issues.
