Tazewell Circuit Court Judge Jack Hurley temporarily halted Virginia Democrats and their efforts to redraw congressional boundaries ahead of this year’s midterm elections. Senate Minority Leader Ryan McDougle, R-Hanover, filed the lawsuit against Speaker of the House Don Scott, D-Portsmouth, and House Clerk Paul Nardo.
Hurley, who was appointed by Republican Gov. Bob McDonnell, cited multiple reasons in his ruling against Democrats.
He called the expansion of the special session scope in October to include redistricting an “invalid expansion of the General Assembly’s own call to the Governor for the 2024 Special Session,” and he voided the work that was done in October. During that special session, Democrats passed the redistricting amendment, the first step in the process that allows them to redraw congressional boundaries.
For a constitutional amendment to be passed, it must be approved by the General Assembly twice, with an election for the House of Delegates in between.
Democrats argued that they completed the first step in October, less than a week before Election Day. Republicans argued that the election was already underway, with early voting beginning on Sept. 19.
The judge agreed with the Republicans.
“There is no rational conclusion except that the ELECTION began on the first day of voting (September 19, 2025) and ended on November 4, 2025,” Hurley wrote. “Therefore, the Court FINDS that following the October 31, 2025 vote and passage of House Joint Resolution 6007 there HAS NOT BEEN an ensuing general election of the House of Delegates, and such ensuing general election CANNOT occur until 2027.”
Hurley also had a problem with the Democratic argument that it is not necessary to advertise constitutional amendments in all circuit court clerk offices for 90 days prior to a House election.
Democrats have said the law is not necessary because people no longer need to go to a clerk’s office to get the news.
They are currently working on legislation in the General Assembly to remove this language from the state code, which the code commission recommended for removal last year.
Democrats want the change to be retroactive, going back to 1971.
Hurley cited the posting law, saying: “the Court FINDS that the provisions of Section 30-13 of the Code of Virginia have not been complied with, and therefore all votes on the proposed Constitutional Amendment taken during the 2026 Regular Session of the General Assembly are ineffective as being a ‘SECOND’ VOTE OF THE General Assembly under Article XII, Section I of the Constitution.”
The battle was never expected to end here, however.
Democrats plan to appeal the hearing.
Leaders from both parties quickly responded to the ruling Tuesday night.
“Nothing that happened today will dissuade us from continuing to move forward and put this matter directly to the voters,” Democrats said in a joint statement from House and Senate leadership. “Republicans who can’t win at the ballot box are abusing the legal process in an attempt to sow confusion and block Virginians from voting. We will be appealing this ruling immediately and we expect to prevail. This was court-shopping, plain and simple. We’re prepared for the next step, and voters – not politicians – will have the final say.”
Republicans applauded the news.
“Today’s ruling is a decisive victory for the rule of law and Virginia voters,” said Republicans in a joint statement from House and Senate leadership. “This case was never about partisanship. It was about process, fairness, and the simple principle that you cannot change the Constitution by ignoring the Constitution. The court made clear that elections matter, notice matters, and the rules apply to everyone—even those in power.”
Gov. Abigail Spanberger, who has no part in amending the Constitution, did not respond to a request for comment.
This will continue to be a developing situation.