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Virginia voters can cast ballots April 21 on a Democratic-backed congressional redistricting proposal that could help the party gain four U.S. House seats, the state Supreme Court ruled Wednesday.
The decision overturns a temporary restraining order issued by a Tazewell County judge last month and allows early voting to begin Friday. It is the second time the Supreme Court of Virginia has permitted the referendum to proceed amid related litigation.
The justices have not decided whether the proposed constitutional amendment and referendum are legal. If they uphold a lower court ruling blocking the effort, the April vote could ultimately have no effect.
The referendum will ask voters whether Virginia’s Constitution should be amended to let the General Assembly temporarily adopt new congressional districts “to restore fairness in the upcoming elections.” The Virginia Redistricting Commission, created in 2020, would resume its once-a-decade role after the 2030 census.
Fairfax County has been preparing to open early-voting sites at the Fairfax County, Mount Vernon and North County government centers. Voting will continue through April 18.
The Fairfax County Government Center will operate from 8:30 a.m. to 4:30 p.m. on weekdays. The Mount Vernon and North County sites will be open from 1 to 7 p.m. Monday through Friday. All three locations will offer Saturday voting April 11 and April 18 from 9 a.m. to 5 p.m.
The deadline to apply for a mail ballot is Friday, April 10. Voters must register for the referendum by April 14.
The Virginia fight is part of a nationwide burst of mid-decade redistricting that began after President Donald Trump urged Republican officials in Texas last year to redraw congressional districts. The effort was intended to help Republicans protect their narrow House majority ahead of midterm elections, which historically tend to favor the party out of power.
Republicans believe new maps could yield nine additional seats across Texas, Missouri, North Carolina and Ohio. Democrats see the potential for six more seats in California and Utah and hope Virginia can close some or all of the remaining three-seat gap.
Virginia Democrats released a proposed congressional map in February designed to give their party four additional seats. The Democratic-led General Assembly approved the map, and Gov. Abigail Spanberger signed it into law.
The map cannot take effect, however, unless voters approve it and the state’s highest court finds the amendment process lawful.
House Speaker Don Scott, a Democrat, said Wednesday’s ruling ensures Virginians will have a chance to decide whether the map should be used.
“The Supreme Court of Virginia’s decision ensures that this referendum will move forward and that Virginians will have the opportunity to make their voices heard,” Scott said.
Virginia Democrats have characterized their proposal as a response to Trump’s redistricting campaign. Republicans have condemned the map, arguing that it would allow liberals in Northern Virginia to dominate the rest of the state.
In allowing the referendum to proceed, the Supreme Court emphasized that it had not decided the underlying legal dispute.
“It is the process, not the outcome, of this effort that we may ultimately have to address,” the court said. “Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision.”