Will Virginia's redistricting vote pass constitutional test?

After Tuesday night's vote on a redistricting referendum passed in Virginia, Democrats were definitely celebrating their victory. Based on this article's information, that celebration might've been premature. According to the article, "Virginians voted Tuesday to approve new congressional districts providing four more seats to Democrats. Hurley found the state’s new congressional map illegal on multiple counts." The article does a nice job of explaining Judge Hurley's ruling.

It explains "The House of Delegates (98-0) and Senate (40-0) voted unanimously Feb. 3, 2024 to enter a special session — requested by Republican Gov. Glenn Youngkin — to craft the state’s budget. A subsequent resolution provided five specific areas that the General Assembly would consider during the special session. Last fall, there was a party-line vote to add another item, the redistricting amendment, to the special session."

The article then adds "Hurley ruled this addition improper. He said the vote to add the amendment required a two-thirds majority of the General Assembly. 'Likewise, the legislators… Have the right to depend on the accompanying rule which limit the subject matter of the items they agree can be considered in a special session.' Otherwise, the majority can simply craft a resolution to enter a special session and then change what they consider when the special session is entered, Hurley added."

In other words, Virginia requires legislators to be people of integrity. This time, Democrats failed that test. It was an obvious failure.

OTHER MAJOR FAILURES

The Virginia Constitution requires an amendment to be referred to the next session of the Virginia general assembly before it can be submitted to voters for approval.

Hurley said that since voting was underway for the 2026 session of the general assembly when Democrats approved the redistricting amendment that the next session of the general assembly wouldn’t begin until 2027. Therefore, it would have to be submitted to voters after that.

Finally, Hurley also ruled Democrats had failed to follow requirements to post the amendments for 90 days before last fall’s election. He issued an injunction requiring notices for the amendment to be posted for 90-days outside the Tazewell County Courthouse before the next General Assembly election.

At some point, the courts will intervene and restore sanity. The Virginia Democrats' map is utterly extreme. Going from a 6-5 Democrat delegation in Congress to a 10-1 Democrat delegation is extremist. The only way to attain that advantage is through drawing the most ridiculous-looking districts in modern history.

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