The Virginia Supreme Court has permitted a special election to proceed on April 21, allowing voters to decide on a proposed constitutional amendment related to congressional redistricting. This decision comes despite ongoing legal challenges to the underlying redistricting plan itself, which the court will continue to review after the referendum. The amendment, advanced by the Democratic-controlled Virginia Legislature, aims to enable mid-decade changes to the state's congressional map, potentially altering the current 6-5 Democratic majority in the state's 11 U.S. House seats.
Legislative Action and Proposed Changes
The Virginia State Senate initially advanced the proposed constitutional amendment with a 21-18 vote, requiring passage in two separate legislative sessions with an election occurring between them. Both chambers subsequently approved the measure, setting the stage for a public referendum.
The amendment seeks to allow lawmakers to temporarily bypass Virginia's bipartisan redistricting commission and modify the state's congressional lines under specific conditions. These conditions include if another state conducts similar redistricting outside the standard decennial cycle or in response to a court order. Virginia's state constitution typically grants independent commissions, not lawmakers, the authority to draw congressional maps, requiring voter approval for redistricting changes.
Democratic lawmakers have unveiled a proposed U.S. House map, which they anticipate could lead to 10-1 or 9-2 Democratic control of the state's 11 U.S. House seats, a potential gain of three or four seats from the current 6-5 split. Democratic leaders have stated the effort aims to "level the playing field" in response to redistricting pushes elsewhere.
Legal Challenges and Supreme Court Ruling
The redistricting effort faced a legal challenge when a circuit court judge ruled in January that Democratic lawmakers had not followed proper legal procedures for the amendment process, deeming it illegal. Democrats appealed this decision, alleging that Republicans engaged in "court shopping" for a favorable ruling. The case was then referred to the Virginia Supreme Court due to its "imperative public importance."
On Friday, the Virginia Supreme Court ruled to allow the referendum to appear on the ballot for April 21. However, the court clarified that this ruling does not finalize the broader legal challenge concerning the redistricting plan itself. The court indicated it might schedule oral arguments and has established a timeline for filing opening briefs after the special election. This introduces the theoretical possibility that the vote's results could be voided if the court ultimately rules against the plan, though this outcome is considered improbable.
Party Responses
Democratic Support
Democratic-aligned groups, such as "Virginians for Fair Elections," have characterized the court's decision as a win for Virginia voters, asserting that it allows citizens to decide on their own constitution. House Speaker Don Scott commented that allowing the election to proceed while the case is under consideration is a significant indicator.
Republican Opposition
Conversely, Republican groups, including "Virginians for Fair Maps," have voiced opposition to the Democrats' efforts. Mike Young, representing "Virginians for Fair Maps," described a proposed map as "an illegal, hyper-partisan gerrymander." Co-chairs Jason Miyares and Eric Cantor stated, "Though we firmly believe this referendum is illegal, the court has allowed it to move forward before final judgement," indicating that additional legal action is anticipated. Republican Senator Christopher Head has countered that Democrats were undermining fair map-making, and House Minority Leader Terry Kilgore stated the party's intent to continue their legal challenge and win the referendum. Governor-elect Abigail Spanberger has offered a measured response to the redistricting effort.
National Redistricting Context
Virginia's redistricting initiative is part of a wider national effort occurring before the November midterm elections, which will determine the controlling party of the U.S. House. Historically, states redraw districts early in the decade following a census. However, some states have undertaken out-of-cycle redistricting efforts.
Nationally, these efforts have resulted in projected seat gains for both parties. Republicans have seen potential gains in states like Texas (up to nine additional seats), Missouri, North Carolina, and Ohio. Democrats have also secured potential gains in California (up to six additional seats) and Utah. Other states, such as Florida, are also working towards redistricting efforts, and Maryland lawmakers have advanced a new map. Overall, Republicans have gained an edge in these redistricting efforts, partly due to their control of more state legislatures.
Virginia's congressional primaries are scheduled for June.