NEED TO KNOW

• Judge Jack Hurley Jr. blocked certification of Tuesday's redistricting referendum
• Ruling cites special-session scope, timing, and 90-day publication failures
• AG Jay Jones will appeal; state Supreme Court has stayed Hurley twice before

RICHMOND, VA (TDR) — A Virginia circuit court judge on Wednesday blocked certification of the redistricting referendum voters narrowly approved 24 hours earlier, teeing up a third trip to the state Supreme Court.

We are having quite the night in the courts. A Virginia judge just blocked the state from certifying the results of Tuesday's congressional map referendum as unlawful. Judge Jack Hurley Jr., ruled that Democrats did not follow the correct procedure for a constitutional…

— Jonathan Turley (@JonathanTurley) April 22, 2026

The big picture: This is not the first time Tazewell County Circuit Court Judge Jack Hurley Jr. has ruled against the amendment — and not the first time the Virginia Supreme Court will weigh his procedural concerns.

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• Hurley has now ruled against the referendum three times since January
• The state Supreme Court stayed his earlier rulings twice without ruling on merits

Why it matters: The referendum's fate determines whether Democrats net up to four additional U.S. House seats in November — and whether a mid-decade redistricting push survives the legal process that governs it.

• Virginia voters approved the amendment 51.5% to 48.5%
• Democrats could hold 10 of 11 Virginia U.S. House seats under the new map

Driving the news: Hurley's Wednesday order names three procedural failures, any one of which he says is enough to void the result. That's a structure built to survive appellate review — not a one-hook ruling.

CLICK HERE TO READ MORE FROM THE THE DUPREE REPORT

• Special session scope: lawmakers added redistricting to a session called to settle a 2024 budget dispute
• Timing: first passage vote did not occur before the 2025 general election
• Publication: the state failed to publish the amendment 90 days before that election
• Hurley called the ballot language "flagrantly misleading"

What they're saying: The two sides are not disputing the procedural facts — they are disputing whether procedure should override a voter majority.

• Jay Jones, Virginia Attorney General — "Virginia voters have spoken, and an activist judge should not have veto power over the People's vote."
• Jones confirmed his office will immediately file an appeal in the Court of Appeals
• Republican National Committee spokesperson — "Every step of the way, Democrats lied and deceived Virginians to push forward what has always been illegal under state law."
• The RNC was a named plaintiff in the suit Hurley ruled on

Yes, but: The "activist judge" framing cuts both directions. Hurley's three procedural findings — special-session scope, two-election timing, 90-day publication — are the kind of rule-of-law concerns Democrats invoke when Republicans bypass process elsewhere.

• The legislature did use an existing special session rather than calling a new one
• The publication requirement is black-letter state law, not a judicial invention

Between the lines: Both parties are building precedent they will have to live with. Democrats arguing that a voter majority cures procedural defects are writing a playbook Republican legislatures will cite. Republicans arguing a single judge should halt a statewide election are writing one Democrats will cite next cycle.

• The Virginia Supreme Court has twice let the process continue without endorsing the underlying procedure
• Neither side wants the merits ruling they're demanding — each wants only the outcome

What's next:

• Attorney General's office files appeal to Virginia Court of Appeals immediately
• Virginia Supreme Court briefs on earlier Hurley rulings due this week
• Certification deadline and House election calendar now depend on expedited review

If procedural rules only matter when your opponents break them, are they rules or weapons — and would you apply the same standard if the map favored the other party?

Sources

This report was compiled using reporting from CNN, Roll Call, CNBC, WTOP, WVVA, PBS NewsHour, and Ballotpedia.

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