Skip to main content

April 22, 2026

Virginia voters approve redistricting amendment, Tazewell judge blocks it

Constitution Congress
National Constitution Center
National Constitution Center
National Constitution Center
The Hill
+16

Virginia voters approve redistricting, judge blocks it 24 hours later

On , Virginia voters approved a constitutional amendment referendum to allow the General Assembly to directly redraw congressional maps, bypassing the 2020 bipartisan redistricting commission. The referendum passed with . This narrow approval gave Democrats, who won statewide in November 2025, the power to redraw maps to their partisan advantage.

On —Tazewell County Circuit Court and permanently enjoining the State Board of Elections from certifying results. This was Hurley's third ruling against the referendum, having previously blocked it twice before the April 21 election.

(void from the beginning) based on his interpretation of Virginia's Constitution. He also stated the ballot language was , suggesting voters did not understand what they were voting on. His ruling raised questions about who determines whether voters understood a referendum.

Virginia Attorney General Jay Jones announced an immediate appeal to the Court of Appeals of Virginia, signaling this fight will continue. The core appellate question: does a trial judge have authority to invalidate a voter-approved constitutional amendment, or must such challenges be decided by higher courts? The appellate court's decision will set precedent for how Virginia handles future conflicts between voter intent, judicial review, and constitutional interpretation.

🗳️Elections📊Electoral Systems📜Constitutional Law👨‍⚖️Judicial Review

People, bills, and sources

Jack C. Hurley

Tazewell County Circuit Court Judge

Jay Jones

Virginia Attorney General

Abigail Spanberger

Abigail Spanberger

Governor of Virginia (elected November 2025)

Virginia Voters

Voters in April 2026 referendum

Jack C. Hurley

Tazewell County Circuit Court Judge

What you can do

1

civic action

Contact your state legislature about protecting voter-approved referendums from judicial override

When a judge can declare voter-approved constitutional amendments 'ineffective' and 'void ab initio,' it raises fundamental questions about democratic power. Voters approved this referendum by 50.7%; a single trial judge overturned it one day later. States need clearer protections for voter-approved measures.

Hello, my name is [NAME], and I'm a voter from [CITY/COUNTY]. I'm calling about the April referendum that was blocked by Judge Hurley. 2.5 million of us voted to approve that referendum, yet one day later a trial judge declared our votes 'ineffective.' I'm concerned that courts can override what voters decide. I'm asking you to support legislation that clarifies when and how courts can block voter-approved constitutional amendments—or to protect these amendments from judicial override altogether.

2

civic action

Support voting rights organizations working on referendum and election integrity

When democratic decisions are overturned by courts, it undermines public confidence in both the judiciary and the electoral process. Support organizations fighting for referendum protections, court accountability, and the power of voters to make constitutional amendments.

Hello, I'm [NAME] from [CITY/COUNTY]. I want to support your work on voting rights and referendum protection. Virginia voters approved a redistricting referendum; a judge overturned it one day later. This shows why we need organizations advocating for voter power and against judicial overreach. How can I support your work in defending referendums and electoral integrity?

3

civic action

Attend court proceedings or civic forums discussing judicial review of elections

The upcoming appeal of Hurley's ruling will address fundamental questions: Can a single judge override millions of voters? Is ballot language 'flagrantly misleading' even if voters approved the measure? These questions shape how courts balance popular will and judicial authority. Attend proceedings to understand the judicial reasoning.

Hello, my name is [NAME], from [CITY/COUNTY]. I'm a voter who approved the April redistricting referendum. I'm concerned about Judge Hurley's decision to override that result one day after the election. I want to attend the appeal proceedings before the Court of Appeals to understand the legal reasoning behind whether courts can override voter-approved constitutional amendments. How can I monitor this case and attend proceedings?

4

civic action

Monitor and publicize instances of 'venue shopping' in your state's courts

When parties strategically choose which court to file suit in based on the judge's expected ruling, it's called 'venue shopping.' Republicans filed in Tazewell County and got Hurley's favorable ruling, while suit in a Democratic-leaning county likely would have gone differently. This practice undermines judicial impartiality. Support transparency about how venue affects outcomes.

Hello, I'm [NAME] from [CITY/COUNTY]. I'm calling about venue shopping in election cases. Republicans filed suit against the redistricting referendum in Tazewell County and received Judge Hurley's favorable ruling. If they had filed in Richmond or another Democratic-leaning county, the outcome might have been different. This shows how the judicial system can be gamed based on where you file. I want to support work making venue shopping visible and strengthening rules about judicial neutrality.