Virginia’s highest court has refused to step in after a lower court blocked certification of a controversial redistricting referendum, dealing a setback to Democrats pushing the mid-decade map overhaul.
The Supreme Court of Virginia denied an emergency request from Democrats and the state to pause a ruling from a Tazewell County judge that halted the State Board of Elections from certifying the results of the April 21 referendum.
The decision keeps in place an earlier order from Tazewell County Circuit Court Judge Jack Hurley, who said election officials cannot move forward with certification while legal challenges are still pending.
Democrats and state officials had asked for an emergency stay that would have allowed certification to proceed during the appeals process. The high court’s refusal means that will not happen, at least for now.
Legal analysts noted the ruling is limited in scope and does not address the underlying case. It simply rejects the request to pause Hurley’s order while the appeal plays out.
Hurley’s original ruling raised serious legal concerns about the redistricting push. He found that Democrats’ attempt to redraw Virginia’s congressional map mid-decade likely violated multiple legal standards and ordered that the referendum results not be certified. He also barred lawmakers from taking steps to implement the proposed map.
The judge had already blocked the effort twice before voters went to the polls on April 21.
Court records show Democrats advanced the proposal during a 2024 special session of the General Assembly, but the process allegedly ran afoul of procedural rules. Hurley determined that any actions tied to that effort could be considered invalid.
He also pointed to a potential constitutional violation, noting that amendments of this kind must pass through two separate General Assemblies with a general election in between before being sent to voters.
Following the ruling, Virginia Attorney General Jay Jones said he would appeal the decision.
Former Virginia Attorney General Ken Cuccinelli cheered the latest development on social media.
“The Virginia Supreme Court (#SCOVA) has DENIED the emergency request to stay the injunction of certification of last week’s Gerrymandering referendum! In the ‘tea leaves’ category, this is as positive a ‘tea leaf’ as one might imagine!” he wrote.
“If #SCOVA thought they would let the referendum stand, then logically they would have lifted the injunction on counting & certifying the votes.”
“Caveat: this is still just tea leaves, but it’s a good sign,” Cuccinelli finished.
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