General Discussion

Tazewell County Circuit Judge Jack Hurley has essentially "voided" the results of the special election based on several procedural failures:


Violating the "Two-Session" Rule: To amend the Virginia Constitution, a change must pass the General Assembly twice, with a House of Delegates election in between. The judge ruled that because Democrats passed it for the first time in October 2025—after early voting had already started for the 2025 election—it didn't count as being passed "before" that election. He argued this effectively disenfranchised the one million people who had already cast ballots.


Improper Special Session Usage: The amendment was originally fast-tracked during a special session called for the state budget. The judge ruled that the legislature violated its own procedural resolutions by adding the redistricting measure to the agenda without unanimous consent (which Republicans blocked).


The 90-Day Notice Rule: There is a constitutional requirement to provide public notice of a proposed amendment at least 90 days before an election. The judge found the state failed to meet this timeline before the January 2026 re-approval.