Virginia LULAC Responds to Virginia Supreme Court Decision Overturning Voter-Approved Redistricting Referendum

Virginia LULAC is in shock following today’s 4-3 decision by the Supreme Court of Virginia overturning the Commonwealth’s voter-approved congressional redistricting referendum. The ruling concludes months of legal and political battles surrounding one of the most consequential redistricting efforts in modern Virginia political history. (Axios)

Virginia’s redistricting amendment can be traced back to the growing national redistricting war that intensified following recent efforts in states such as Florida, Tennessee, Alabama, Louisiana, Missouri, and others where congressional districts were redrawn outside of the normal census cycle. Many civil rights advocates and voting rights organizations warned these efforts weakened and diluted the political influence of Black and Brown communities. These national efforts accelerated after recent federal rulings weakened portions of Section 2 of the Voting Rights Act, raising concerns nationwide regarding the future protection of minority voting power and representation. (The Washington Post)

In response to the national movement, Virginia lawmakers introduced a constitutional amendment designed to allow the Commonwealth to temporarily redraw congressional districts outside of the standard decennial redistricting process if another state engaged in extraordinary mid-decade redistricting for political purposes. The amendment specifically proposed granting temporary authority to the Virginia General Assembly to redraw congressional districts while preserving Virginia’s existing bipartisan redistricting structure after the 2030 census cycle.

The amendment effort formally began during the 2025 Special Session of the Virginia General Assembly. The proposal was spearheaded by Senate President Pro Tempore Louise Lucas, Speaker of the House Don Scott, and Delegate Rodney Willett of the 58th District.

The constitutional amendment passed the Virginia Senate by a vote of 21-18 largely along party lines and later advanced through the House of Delegates. Under Virginia constitutional procedure, constitutional amendments must pass the General Assembly twice, once before and once after a general election, before being placed before Virginia voters in a statewide referendum.

Governor Abigail Spanberger later signed legislation authorizing the referendum and special election process. Following passage, a statewide campaign effort was launched throughout Virginia to encourage voters to participate in the referendum election held on April 21, 2026.

The referendum itself became one of the most expensive and nationally watched political battles in Virginia history. National organizations, political parties, advocacy groups, and outside organizations invested tens of millions of dollars into the campaign as both parties viewed Virginia as central to the future balance of power in the United States House of Representatives. (The Washington Post)

Supporters of the amendment argued Virginia needed the ability to respond to aggressive mid-decade redistricting occurring in Republican-controlled states. Opponents argued the proposal itself amounted to partisan gerrymandering and undermined the bipartisan redistricting reforms Virginians approved in 2020 when voters created the Virginia Redistricting Commission to reduce partisan control over congressional maps.

Despite ongoing lawsuits and legal challenges, the Virginia Supreme Court initially allowed the referendum election to proceed while litigation continued. Early voting began on March 6, 2026, and Virginians voted statewide on April 21, 2026. When the votes were counted, Virginians approved the amendment. The final statewide vote totaled:

YES — 1,604,276 votes (51.69%)

NO — 1,499,393 votes (48.31%)

Total Votes Cast — 3,103,669

The amendment therefore passed with a statewide majority vote of the people of Virginia.

Had the amendment remained in effect, Virginia would have implemented newly proposed congressional maps projected to significantly alter the Commonwealth’s congressional delegation. Virginia currently holds 11 congressional seats with a delegation split of 6 Democrats and 5 Republicans. Analysts projected the new maps could have shifted several congressional districts and potentially increased Democratic representation in Congress by as many as four additional seats. (The Guardian)

However, Republican plaintiffs challenged the legality of the amendment process, arguing the General Assembly violated procedural requirements under the Virginia Constitution. Central to the case was whether lawmakers improperly advanced the amendment after early voting had already begun during the previous election cycle, thereby violating constitutional timing requirements concerning the “intervening election” required for constitutional amendments. (PBS)

Today, in a narrow 4-3 ruling, the Supreme Court of Virginia sided with those arguments and invalidated both the constitutional amendment and the statewide referendum results, restoring Virginia’s existing congressional maps established following the 2020 redistricting cycle. (Axios)

Virginia LULAC is in shock because millions of Virginians participated directly in this democratic process. The amendment was passed through the legislature, signed by the Governor, placed before voters statewide, and ultimately approved by the people of Virginia themselves.

“The people of Virginia voted. The legislature voted. The Governor signed the legislation. Virginians participated directly in the democratic process,” said Virginia LULAC. “For many communities across the Commonwealth, today’s ruling is shocking because it overturns not only legislative action but also the direct vote of the people.”

Virginia LULAC believes today’s ruling represents a defining moment in the broader national conversation surrounding voting rights, representation, judicial authority, and democratic participation.

Virginia followed the established democratic and constitutional process. The amendment passed through the General Assembly, was signed into law by the Governor of Virginia, placed before the people in a statewide referendum, and approved by more than 1.6 million Virginia voters, with more than 3.1 million Virginians participating in the referendum election overall.

Every traditional mechanism of representative democracy and direct democracy was exercised throughout this process.

For many Virginians, especially communities who already feel politically marginalized, today’s ruling leaves deep confusion and uncertainty regarding what threshold of democratic participation is ultimately considered sufficient. We are confused and perplexed by this ruling from the Supreme Court of Virginia.

Virginia LULAC respectfully asks: if legislation passed by elected representatives, signed by the Governor, and approved directly by more than 1.6 million Virginia voters in an election where more than 3 million Virginians cast ballots is still not enough, then what standard must be met for a referendum such as this to ultimately be recognized and upheld?

At a time when communities across the nation are increasingly questioning trust in democratic institutions, today’s ruling will undoubtedly leave many Virginians struggling to understand how the direct will of the people can be invalidated after the election itself has already taken place.

As Latino communities continue growing politically, economically, and civically throughout Virginia, Virginia LULAC remains steadfast in its commitment to protecting voting rights, civic engagement, fair representation, and ensuring Latino and historically marginalized communities continue to have a meaningful voice in government.

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About Virginia LULAC

Virginia LULAC is the state chapter of the League of United Latin American Citizens (LULAC), the nation’s oldest and largest Latino civil rights advocacy organization. Our mission is to advance the economic condition, educational attainment, political influence, health, housing, and civil rights of Hispanic Americans in the Commonwealth of Virginia and beyond.

Contact:

virginialulacofficial@gmail.com | valulac.org