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The Virginia Supreme Court’s decision Friday, May 8, to nullify the redistricting referendum approved by voters last month has intensified the partisan fight heading into the 2026 midterm elections.

The Fairfax County Democratic Committee condemned the ruling as “a stunning betrayal” of voters, including nearly 70% of Fairfax County voters who supported the proposed constitutional amendment. The measure would have allowed the General Assembly to adopt a congressional map designed to favor Democrats in 10 of Virginia’s 11 districts.

“Fairfax voters showed up, and voters across the Commonwealth did the same,” the committee said. “Their voices were heard, and then silenced by this ruling.”

Fairfax Republicans celebrated the decision while criticizing the $5 million that Virginia allocated for the special election.

“The Fairfax Republican Committee is grateful to the Virginia Supreme Court for upholding the rule of law and acknowledging the multiple ways in which the referendum violated the Virginia Constitution,” committee Chair Katie Gorka said. “It’s a shame that $5 million in taxpayer funds had to be wasted in this fruitless exercise.”

Midterm elections stay on schedule

The Virginia Department of Elections said the primary and general elections will proceed under the state’s existing congressional boundaries.

Virginia’s primary is scheduled for Aug. 4 after being moved from its usual June timeframe because of the referendum. U.S. House candidates seeking party nominations must file by May 26, while independent candidates have until Aug. 4.

Fairfax County General Registrar and Elections Director Eric Spicer said the ruling should not significantly disrupt preparations because candidate filings remain open and ballots have not been printed.

“We are in the very early stages of planning for the August 4 Primary Election so this ruling should not impact our schedule for August 4,” Spicer said. “We will make any necessary adjustments based on guidance that we receive from the State Department of Elections.”

All three House members representing portions of Fairfax County have announced reelection campaigns: Don Beyer in the 8th District, Suhas Subramanyam in the 10th and James Walkinshaw in the 11th. Their eventual primary opposition remains unsettled.

Former Space Force colonel Bree Fram entered the current 11th District race in January to challenge Walkinshaw. Beyer attracted several challengers in the 8th District under the proposed map, which will no longer take effect. Four candidates are seeking the Republican nomination in the 10th District, which includes a small section of Clifton, while no additional Democratic candidates have emerged there.

Sen. Mark Warner’s seat is also on the midterm ballot. Warner, first elected to Congress in 2008, will again avoid a Democratic primary after three potential opponents withdrew. Three candidates qualified for the Republican primary, and independent Mark Moran is also running.

Gorka said the Fairfax GOP had returned to work electing Republicans. The county Democratic committee responded that the ruling made November turnout even more important and pledged to intensify its voter registration, organizing and mobilization efforts.

Justices split over constitutional timeline

More than 3 million Virginians participated in the April 21 special election. The referendum received just under 51.7% of the statewide vote, according to Department of Elections results that will remain unofficial because the court blocked certification.

The General Assembly had approved the proposal twice, and Gov. Abigail Spanberger signed legislation putting it before voters. It called for a one-time mid-decade redistricting process intended to counter map changes pursued by Republican-led states at President Donald Trump’s urging.

The Supreme Court invalidated the referendum in a 4-3 decision, with Chief Justice Cleo Powell among the three dissenters.

Virginia’s Constitution requires a proposed amendment to pass the General Assembly twice, with a House of Delegates general election taking place between the two votes. The court’s majority concluded that lawmakers failed to meet that requirement.

“The Commonwealth submitted a proposed constitutional amendment to Virginia voters in an unprecedented manner that violated the intervening-election requirement,” Justice D. Arthur Kelsey wrote for the majority. He said the violation undermined the referendum and rendered it null and void.

Lawmakers first approved the proposal on a party-line vote on Oct. 31, 2025, while early voting was already underway for the Nov. 4 election. Democrats went on to win Virginia’s statewide offices and enlarge their General Assembly majority. Legislators passed the measure again in spring 2026 and released a map that would have divided Northern Virginia among five districts.

Virginia Senate Minority Leader Ryan McDougle and other Republicans who challenged the proposal argued that an election encompasses the entire voting period, making the Oct. 31 vote too late to satisfy the constitutional requirement. The court’s majority agreed.

Democrats maintained that “election” meant Election Day itself. Powell’s dissent pointed to language in the Virginia Code stating that in-person absentee voting begins on the 45th day before an election and continues until the Saturday immediately preceding it.

Senate Majority Leader Scott Surovell, whose 34th District includes southeastern Fairfax County, said lawmakers followed Virginia’s established constitutional amendment process. He called the ruling legally incorrect and unprecedented in its effects.

“Over three million Virginians participated in this referendum,” Surovell said. “Their votes have been set aside not because of fraud, not because of intimidation, not because of any defect in the casting or counting of ballots, but because four Justices have adopted a definition of ‘election’ that conflicts with state statute, federal precedent, and the considered legal advice of the nonpartisan staff who guided the General Assembly through this process.”

House Speaker Don Scott and Attorney General Jay Jones said Virginia Democrats intend to appeal to the U.S. Supreme Court, although the court’s Republican-appointed majority makes a favorable outcome uncertain.

National redistricting fight fuels local response

Democrats also linked the Virginia decision to an April 29 U.S. Supreme Court ruling that weakened a Voting Rights Act protection against racial discrimination, particularly discrimination affecting Black voters.

Since that ruling involving a majority-Black congressional district in Louisiana, Republican lawmakers in Florida and Tennessee have approved maps eliminating districts with substantial Black populations. Alabama Republicans approved a plan Friday for new primaries if courts permit a map that would remove one of that state’s two Black-majority districts.

Virginia Democrats emphasized that their proposed map went before voters, unlike the legislatively enacted redistricting efforts in those Republican-led states.

Sen. Tim Kaine, who is not up for election this year, said the timing was significant as Southern states moved to redraw districts following the federal ruling.

“Virginia voters choose to stand up against national disenfranchisement only to see their votes cast into the trash by a 4-3 ruling,” Kaine said. “A sad day indeed but I’m proud of Virginians’ willingness to stay true to our state’s motto after 250 years. That spirit is needed now more than ever.”