The fate of Virginia’s redistricting referendum hinges on the state Supreme Court, after voters narrowly decided to redraw the maps 10-1 in favor of Democrats on Tuesday.
The Tazewell County Circuit Court ordered a pause on the election results from going into effect on Wednesday. The judge in the case also ruled against the vote multiple times prior to the election, arguing that it is unconstitutional, according to WJLA.
Former Virginia Attorney General Ken Cuccinelli told The Daily Wire that he’s optimistic that the state Supreme Court will ultimately strike down the referendum.
“Hang in there. This isn’t over in Virginia, and that’s just the Virginia chapter. I think there’s a lot of regret across the country about the redistricting play in Virginia,” he said.
The former state attorney general, who’s the national chairman of the Election Transparency Initiative, added that the effort kicked the bipartisan redistricting commission to the curb, as the maps do not expire until after the 2030 census.
“We have pretty good maps. That system is better than the alternatives we’ve ever had. And to have that thrown away with a three-to-one spending deluge from outside the state as just part of some Hakeem Jeffries political hackery is pretty painful,” he said.
“But the Virginia Supreme Court doesn’t care about any of that. What they care about is the Virginia Constitution, and was the law followed. And as long as they keep just that focus, I am confident that this referendum is gonna be thrown out,” Cuccinelli continued.
Circuit Court Judge Jack Hurley’s order noted that the House Joint Resolution 6007, which was the bill to open the door for the mid-decade redistricting vote, is unconstitutional because “there has not been an ensuing general election of the House of Delegates, and such ensuing general election cannot occur until 2027.”
He also wrote that the “ballot language” on the proposed amendment gave “voters a flagrantly misleading question” and it “did not accurately describe” what the actual proposal would do, according to 8 News.
However, Democrats plan to keep up their fight in court for the gerrymandered map.
“My office will immediately file an appeal in the Court of Appeals. As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote,” Attorney General Jay Jones said in a statement on the case.
“We look forward to defending the outcome of last night’s election in court,” Jones continued.
The mid-decade redistricting effort drew millions in spending from proponents, including the backing of Gov. Abigail Spanberger and former President Barack Obama. Republicans also hit the campaign trail, hoping that turnout from rural, redder counties would overcome the deep blue suburbs of Washington, D.C.
