Virginia state court blocks Democrats’ redistricting push

A Virginia state court blocked Democrats’ plans to redistrict this year, a blow to the party’s hopes of redrawing the state’s congressional lines ahead of the midterms.

Jack Hurley Jr., a judge on the Tazewell County circuit court, ruled that Democrats did not follow the right procedure to approve the proposed constitutional amendment that would allow for the last-minute redraw of the state’s lines.

Democrats are expected to appeal the decision. But the ruling is still a major loss for the party in the ongoing mid-decade redistricting fight, and one that could — if ultimately upheld — block the party from picking up as many as four seats in next year’s midterms.

Democrats in the Legislature first passed a measure to take up redistricting in October of last year, utilizing a special session left open by then-Gov. Glenn Youngkin. Lawmakers took up the issue again in January, finalizing the plan to put the issue before voters ahead of the midterms.

But Hurley said using the still-open special session was not allowed because early voting in last year’s elections had already begun, and state law requires the Legislature to pass proposed constitutional amendments both before and after an election. Hurley also ruled that the proposed constitutional amendment was not properly noticed in state courts.

The judge also noted that lawmakers in the special session passed a procedural resolution along party lines, with the Democrat-controlled legislature delivering the decisive votes for the resolution’s passage. Because lawmakers did not vote unanimously, as is required under the Legislature’s own rules, and did not pass it by a two-thirds Senate majority, it was a violation of the rules governing a special session.

“Certinaly, both houses of the Commonwealth’s legislature are required to follow their own rules and resolutions,” Hurley wrote.

The Republican plaintiffs in the suit issued a statement praising the court’s ruling, calling it a “decisive victory for the rule of law” but also noting this legal challenge was not about partisanship, rather the process the majority used in attempting to rewrite Virginia’s Constitution.

"The court confirmed that Democrat legislative leaders unlawfully expanded a Special Session, violated their own rules, and attempted to force through a redistricting constitutional amendment while Virginians were already voting,” said Del. Terry Kilgore, the top Republican in the Virginia House, state Sen. Minority Leader Ryan McDougle and former Rep. Eric Cantor (R-Va.) said in a joint statement Tuesday.

Virginia had been seen as the crown jewel in Democrats' redistricting fight, especially as state Republicans in GOP-led Florida eye midcycle redistricting later this year. Currently in Virginia, Democrats control six congressional seats and Republicans hold five. Virginia Democrats, had been forging ahead with their plans to unveil a proposed map by their self-imposed deadline of Jan. 31, with the goal of holding a special election to approve the maps in spring.

Democrats strongly criticized Hurley’s ruling.

“This is a clear attempt to confuse voters and block them from having a say,” said Karen Charles Dongo, who is heading Virginians for Fair Elections, the Democrat-affiliated group that launched this month to urge the state's voters to pass a pending ballot measure. “We’re prepared for what comes next, and Virginians deserve both the right to vote and the chance to level the playing field.”

Spokespeople for the top Democrats in the Virginia legislature, state Sen. Majority Leader Scott Surovell and state House Speaker Don Scott, did not respond to requests for comment on whether the ruling will impact the release of their proposed maps.

But in a joint statement along with other top Virginia Democrats on Tuesday, the group struck a defiant tone and promised to continue with plans to redraw maps, suggesting the ruling was but a minor blip in their quest to deliver what could be a 10-1 map that favors their party.

“Nothing that happened today will dissuade us from continuing to move forward and put this matter directly to the voters,” the Democratic lawmakers said. “We will be appealing this ruling immediately and we expect to prevail.”

Julie Merz, who heads up the Democratic Congressional Campaign Committee, suggested the court overreached.

"This rogue decision is a disappointing, but temporary setback issued by a lower court that will be immediately appealed — where we're confident it will be overturned," Merz said in a statement. "The order issued today has no constitutional basis, but is instead a desperate attempt to keep electoral power out of the hands of Virginia voters."