Virginia Voters Decide Redistricting Referendum; Supreme Court Challenge Underway

Virginia voters are scheduled to decide on a redistricting referendum on Tuesday, following the passage of a constitutional amendment by state lawmakers. The measure, if approved, would adjust the state's congressional districts from the current 6-5 split to a 10-1 advantage for Democrats ahead of the 2026 midterms.

The Honest Elections Project submitted a brief to the court this week, stating that the special session was kept open for nearly two years in violation of the Virginia Constitution. Jason Snead, executive director of the group, told Fox News Digital that the process turned a part-time legislature into a full-time one and exceeded constitutional limits on legislative power.

He described the Supreme Court decision as potentially the last opportunity to challenge the map before the next census.

Legislative Process and Arguments Democrats in Virginia passed the amendment earlier this year.

They stated it allows bypassing the typical redistricting process to address national redistricting disputes. A Democratic leader told reporters in February that the move responds to Republican-led redistricting in states like Texas, North Carolina, and Missouri, aiming to level the playing field.

Democrats have argued to the Supreme Court that the General Assembly has authority to manage its sessions, including extensions, and that no constitutional provision explicitly prohibits the handling of this session. The court's March ruling allowed the referendum to proceed while considering the challenge, stating that an injunction against voting was not appropriate.

Oral arguments are set for April 27.

Background and Stakes

The current congressional map in Virginia is divided 6-5 between Democrats and Republicans.

The proposed change would shift it to 10-1 in favor of Democrats. Early voting for the referendum is underway, with signs urging yes or no votes observed at locations like the Ellen M. Bozman Government Center in Arlington on March 31, 2026.

A former Virginia governor discussed the referendum on a podcast. If the measure passes and is upheld, it would implement the new map; if invalidated, the existing process would remain.