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May 8, 2026court rulingredistrictingconstitutional lawjudicial reviewelectionsredistrictingcourt rulingconstitutional law

Virginia Supreme Court voids redistricting referendum 4-3, keeps 2021 maps

The Supreme Court of Virginia struck down the voter-approved redistricting amendment 4-3 on May 8, 2026, ruling in McDougle v. Scott that Democrats violated the constitutional requirement for an intervening election. Justice Arthur D. Kelsey wrote the majority, joined by Justices Teresa Chafin, Stephen McCullough, and Wesley Russell Jr., holding that early voting constitutes part of a general election. Chief Justice Cleo Powell dissented with Justices Thomas Mann and Junius Fulton III, arguing state law since 1970 defines a general election as a single day.