A Washington County voter has filed a lawsuit seeking to block the April special election on a proposed constitutional amendment that would allow Democrats to redraw congressional districts ahead of November’s midterm elections. The lawsuit argues that the measure is unconstitutional and was adopted through an invalid legislative process.
The suit, filed by Joshua Shiver, names state and local election officials as defendants, including the commissioner of the Virginia Department of Elections, members of the Virginia State Board of Elections and Washington County election officials responsible for administering the vote. It cites several of the same points already used in other lawsuits filed.
Shiver is seeking emergency declaratory and injunctive relief to block the election, stop the transmission and posting of the ballot language and prohibit voting from beginning before the constitutionally required timeline, arguing that proceeding would violate multiple provisions of the state constitution and unlawfully submit an invalid amendment to Virginia voters.
The complaint centers on House Joint Resolution 6007 and House Bill 1384, which together authorized the statewide referendum vote. Shiver argues the proposal violates the Virginia Constitution’s amendment process, which requires approval by the General Assembly twice, with an intervening House election in between, before finally going to voters for a referendum.
The lawsuit relies on a January 27 ruling by the Tazewell County Circuit Court that declared HJR 6007 “void ab initio,” finding it was passed in violation of legislative rules, notice requirements and constitutional procedures and therefore could not serve as a valid first passage of a constitutional amendment.
Democrats immediately appealed the decision, and the appeals court sent the case to the Virginia Supreme Court.
The Virginia Supreme Court is allowing the April referendum to proceed and will decide the case after the votes are counted.
Democratic leaders have moved forward with the election, passing HB 1384, which appropriates $5 million to fund the referendum.
Early voting is set to begin on March 6.
The lawsuit also argues this timing violates the Constitution’s requirement that at least 90 days pass between final legislative approval and the referendum vote, contending voting cannot legally begin before April 16.
Additionally, the lawsuit challenges the ballot language as misleading, saying it falsely claims the amendment would “restore fairness” while failing to disclose that it would create a map that heavily favors Democrats.
The complaint also alleges the amendment is designed to replace the independent redistricting commission with a partisan process controlled by the General Assembly, enabling a congressional map that would shift Virginia’s current 6–5 partisan split to a 10–1 Democratic advantage.
This is one of many lawsuits filed by Republicans so far seeking to squash the Democratic effort to redraw congressional districts.
Democrats have been persistent that these efforts are in response to President Donald Trump directing conservative states to redraw their congressional boundaries to net more Republican seats in Congress.
Virginia’s current representation in the House of Representatives is six Democrats and five Republicans.
The map proposed by the General Assembly and Gov. Abigail Spanberger would create 10 districts that are favorable to Democrats and one Republican district.
Virginia’s Democratic House delegation released a joint letter in support of the 10-1 proposal Thursday morning.
“This is not business as usual. Mid-decade redistricting at the direction of a president is unprecedented in modern American politics. It is an attempt to preserve a MAGA majority in the House of Representatives before a single vote is cast in the 2026 midterms. And so far, there has been no meaningful accountability from Republican leaders who know exactly what is happening,” all six Democratic members of Congress wrote.
“That is the reality facing Virginia. As the elected representatives of communities across this Commonwealth, we cannot ignore what it means for the millions of people we serve,” they continued. “Doing nothing is not neutrality. It is surrendering the voice of Virginians to decisions made elsewhere.”