Virginia voters approved a Democrat-backed measure to allow for mid-decade redistricting following a special referendum held on Tuesday, AP projects; however, the Virginia Supreme Court is still weighing the legality of this move.
This referendum came just six years after Virginia voters approved an amendment meant to diminish such partisan gamesmanship by shifting redistricting away from the legislature. Virginia lawmakers endorsed a constitutional amendment allowing their mid-decade redistricting last fall, then passed it again in January as part of a two-step process that requires an intervening election for an amendment to be placed on the ballot.
Tuesday's referendum may not be the final word. The state Supreme Court is considering whether the redistricting plan is illegal in a case that could make the referendum results meaningless.
Watch previous coverage: Virginia Supreme Court rules redistricting referendum can proceed to April vote
In February, Democratic state lawmakers passed a new U.S. House map to take effect pending the outcome of the redistricting referendum. Republicans have filed multiple legal challenges against the effort.
A Tazewell County judge ruled that the redistricting push was illegal for several reasons. Circuit Court Judge Jack Hurley Jr. said lawmakers failed to follow their own rules for adding the redistricting amendment to a special session.
He ruled that their initial vote failed to occur before the public began casting ballots in last year’s general election and thus didn’t count toward the two-step process. He also ruled that the state failed to publish the amendment three months before that election, as required by law.
Back in February, the state Supreme Court agreed to allow the referendum to proceed before the court moves to make its final ruling.
If the state Supreme Court agrees with the lower court, the results from Tuesday's vote could be rendered moot.
