Virginia Supreme Court Strikes Down Partisan Gerrymandering Ballot Initiative, Upholds 2021 Maps for 2026 Elections

The Virginia Supreme Court today ruled 4-3 that a ballot initiative supporting partisan gerrymandering of the state's congressional districts violated the Virginia Constitution. The decision invalidates the initiative and preserves the 2021 congressional district maps for the upcoming 2026 elections.

Majority Opinion: Initiative Violated Constitutional Process

Writing for the majority, Justice Kelsey concluded that the legislative process used to advance the proposed constitutional amendment violated Article XII, Section 1 of the Virginia Constitution. The court held that the violation tainted the referendum vote, rendering it legally ineffective.

"While the Commonwealth is free by its lights to do the right thing for the right reason, the Rule of Law requires that it be done the right way."

The majority emphasized that strict compliance with constitutional procedures is mandatory to ensure deliberate consideration and careful scrutiny of proposed amendments. The court found that the Commonwealth submitted the amendment to voters in an unprecedented manner that violated the intervening-election requirement in Article XII, Section 1. This violation, the court ruled, irreparably undermined the integrity of the referendum vote.

The majority rejected the state's argument that judicial review was inappropriate after the vote, noting that the state had previously argued against judicial review altogether. The court characterized this position as a "heads-I-win, tails-you-lose" approach, which it deemed disfavored by courts as a means to circumvent judicial review.

Dissenting Opinion: Majority Misinterprets 'Election' in Constitution

Chief Justice Powell dissented, arguing that the Constitution is "certain and fixed" and can only be altered by the people. She contended that the majority incorrectly broadened the definition of "election" in the Virginia Constitution to include the early voting period, which she said conflicts with both Virginia and federal law.

Under the facts of the case, Chief Justice Powell stated that she believed the circuit court erred and respectfully disagreed with the majority's conclusion that the General Assembly violated constitutional procedures.