Virginia's Top Court Clears Path for Democratic Push to Redraw House Map

The State Supreme Court allowed a spring statewide referendum that is necessary for Democrats to redraw Virginia's congressional map before the midterm elections.

Published on Feb. 13, 2026

Got story updates? Submit your updates here. ›

Virginia's top court on Friday cleared the way for a statewide referendum that could allow Democrats to redraw the state's congressional map before the fall midterm elections and pick up more House seats. The decision from the Virginia Supreme Court left unsettled the legality of a bid by the state's Democratic-led legislature to overhaul the House map, but it allowed an April 21 vote by Virginians on a constitutional amendment that is necessary for lawmakers to carry out the redistricting plan.

Why it matters

Democrats, who are locked in a tit-for-tat gerrymandering battle with Republicans that has played out in courtrooms and state houses across the country, greeted the decision as a victory. The new map would leave Republicans with just one safe seat in Virginia, a key swing state.

The details

Virginia Democrats are aiming to draw eight safely Democratic congressional districts and two Democratic-leaning ones in the state, where the House delegation currently comprises six Democrats and five Republicans. The redistricting effort hit a roadblock two weeks ago when a lower court judge ruled that the planned referendum could not go forward, siding with Republicans who had sued over the redistricting plan. However, the Virginia Supreme Court took a different view in its four-page ruling on Friday.

  • The Virginia Supreme Court ruling came on Friday, February 13, 2026.
  • Early voting for the April 21, 2026 referendum begins on March 6, 2026.
  • The referendum vote is scheduled for April 21, 2026.

The players

Virginia Supreme Court

The state's highest court that issued the ruling clearing the way for the redistricting referendum.

Virginia's Democratic-led legislature

The state lawmakers who are pushing the redistricting plan that would redraw the congressional map.

Jack S. Hurley Jr.

A lower court judge in Tazewell County Circuit Court who had previously ruled against the planned referendum.

Terry G. Kilgore

The Republican minority leader in Virginia's House of Delegates who said his party has "a lot of work to do" ahead of the referendum.

Virginians for Fair Elections

A group supporting the redistricting effort that has begun airing TV ads urging Virginians to vote yes on the referendum.

Got photos? Submit your photos here. ›

What they’re saying

“This has always been a procedural challenge aimed at stopping voters from even having a say. The referendum proceeds, and the people of Virginia remain in charge of their own elections.”

— Dan Gottlieb, Spokesman for Virginians for Fair Elections

“We believe we can win both: Win the case and win the referendum. We're ready to roll.”

— Terry G. Kilgore, Republican minority leader in Virginia's House of Delegates

What’s next

The Virginia Supreme Court has set a schedule to consider the broader legality of the Democrats' redistricting plan. The referendum vote is scheduled for April 21, 2026, with early voting beginning on March 6, 2026.

The takeaway

This ruling represents a victory for Democrats in the ongoing gerrymandering battle, as it clears the way for them to potentially redraw Virginia's congressional map in their favor ahead of the crucial 2026 midterm elections. However, Republicans have vowed to continue fighting both in court and at the ballot box to try to maintain their current House seat advantage in the state.