The Virginia Supreme Court found, on a 4-3 vote, that the intervening election requirement for passing a constitutional amendment was not met. For the constitution to be amended, the General Assembly must pass the language twice, with a House election in between. The first time the General Assembly passed the language was weeks after early voting started in the 2025 House elections.
“This violation irreparably undermines the integrity of the resulting referendum vote and renders it null and void,” the ruling states. “For this reason, the congressional district maps issued by this Court in 2021 pursuant to Article II, Section 6-A of the Constitution of Virginia remain the governing maps for the upcoming 2026 congressional elections.”
Democrats argued during the hearing that Election Day is the day that the votes are counted, not cast.
But the Supreme Court addressed this in its ruling.
“The definition of ‘election’ has always broadly denoted the act of choosing,’” the ruling states.
“We hold that the definition of ‘general election’ in Article XII, Section 1 describes the combined actions of voters casting ballots and officers of election receiving those votes and closing the polls on the last day of the election,” they wrote. “The plain and ordinary meaning of the expression matches the historical definition embraced by the courts and legal scholars.”
The court also addressed that it is overturning the will of Virginia’s voters who approved the amendment.
“On the issues before us in this case, we hold that the ultimate vote margin plays no role in the analytics of our judicial review of the constitutionality of the pre-election constitutional amendment process,” they wrote. “Neither a high margin of success nor a single-digit margin, supra at 5, logically or legally matters.”
Reaction
House Speaker Don Scott, D-Portsmouth:
“We respect the decision of the Supreme Court of Virginia.
“I’m proud that Virginians came out in historic numbers, made their voices heard, and sent a message not just here at home – but across the country – to Donald Trump and his administration.
“Three million people voted in a free and fair election. We gave this decision to the voters – exactly where it belongs – and they spoke loud and clear. They voted YES because they wanted to fight back against the Trump power grab.
“That truth doesn’t change because of a court ruling. This was always about more than one election – it was about whether the voices of the people matter. And no decision can erase what Virginians made clear at the ballot box.
“We respect the court. But we will keep fighting for a democracy where voters – not politicians – have the final say. Because in Virginia, power still belongs to the people.”
Attorney General Jay Jones:
“Today the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21st special election on redistricting. This decision silences the voices of the millions of Virginians who cast their ballots in every corner of the Commonwealth, and it fuels the growing fears across our nation about the state of our democracy.
“As Attorney General, it is my job to enforce the laws on the books and defend the will of the people. Before the Court, my office clearly laid out both in filings and oral arguments that this constitutional amendment process and voter ratification occurred in a timely, constitutionally-compliant, and legally sound manner.
“The Republican-led majority of the Supreme Court of Virginia contorted the plain language of the Constitution and Code of Virginia to give it a meaning that was never intended, which allowed them to reach the wrong legal conclusion that fit their political agenda. The consequences of their error are grave.
“The strength and stability of our democracy depends on adherence to the rule of law, the execution of free and fair elections where every eligible voter can cast their ballots to choose their leaders, and public trust in the institutions that provide accountability and protect our democratic processes. This Court’s ruling follows a dangerous trend of tilting power away from the people.
“My team is carefully reviewing this unprecedented order and we are evaluating every legal pathway forward to defend the will of the people and protect the integrity of Virginia’s elections.”