Virginia Voters to Decide on Redistricting Plan as Court Considers Appeal

The state's Supreme Court has allowed a referendum on the redistricting plan to move forward, even as a lower court ruling against it is appealed.

Published on Feb. 13, 2026

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Virginia voters will get to cast ballots on a congressional redistricting plan that could benefit Democrats in the upcoming midterm elections, while a court battle plays out over the legality of the effort. The Virginia Supreme Court has ruled that a statewide referendum can be held on April 21 to authorize the mid-decade redistricting, despite a lower court ruling that found issues with the process. Democrats are appealing the lower court decision, and the state's high court will consider the case further, with initial briefs due by March 23.

Why it matters

The redistricting plan is a key part of the Democrats' national strategy to try to offset potential Republican gains in several other states that redrew their districts last year. The outcome could have significant implications for the balance of power in the U.S. House of Representatives in the 2022 midterm elections.

The details

The new congressional districts in Virginia were drawn by the state's Democratic-controlled legislature and could help the party win up to 10 of the state's 11 U.S. House seats. However, a lower court judge previously struck down the redistricting plan, ruling that lawmakers failed to follow their own rules and procedures. Democrats have appealed the decision to the Virginia Supreme Court, which has allowed the referendum to move forward while it considers the case.

  • The Virginia Supreme Court said the statewide referendum on the redistricting plan can be held on April 21, 2026.
  • Initial briefs in the court case are due by March 23, 2026, with the last round of filings due on April 23, 2026.

The players

Virginia Democrats

The Democratic Party in Virginia, which holds six of the state's 11 U.S. House seats and is backing the revised congressional map that could help them win up to 10 seats.

Tazewell Circuit Court Judge Jack Hurley Jr.

The lower court judge who struck down the General Assembly's actions on the redistricting amendment, ruling that lawmakers failed to follow their own rules and procedures.

Virginia Supreme Court

The state's highest court, which has agreed to consider the case while allowing the April referendum to move forward.

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What’s next

The Virginia Supreme Court will consider oral arguments in the case at a later date, after the initial briefs are filed. The court's ultimate decision on the legality of the redistricting plan could have significant implications for the 2022 midterm elections in the state.

The takeaway

The ongoing legal battle over Virginia's congressional redistricting plan highlights the high stakes and partisan nature of the redistricting process, which can have major consequences for the balance of power in Congress. The outcome of this case could serve as a bellwether for similar redistricting disputes playing out across the country.