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Virginia Supreme Court considers GOP challenge to voter-approved redistricting plan favoring Democrats

Politics Apr 27, 2026 2:14 PM EDT

RICHMOND, Va. (AP) — Virginia Supreme Court justices on Monday questioned whether the state's Democratic-led legislature complied with constitutional requirements when it sent a congressional redistricting plan to voters, in a case that carries high stakes for the balance of power in the U.S. House.

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Virginia arguments focus on what counts as an 'election'

During Monday's arguments, the Virginia Supreme Court focused on whether the new congressional districts should be invalidated because of the process used by lawmakers. The justices issued no immediate ruling. ... Because the state's redistricting commission was established by a voter-approved constitutional amendment, lawmakers had to propose an amendment to redraw the districts. That required approval of a resolution in two separate legislative sessions, with a state election sandwiched in between, to place the amendment on the ballot. ... The legislature's first vote occurred last October — while early voting was underway but before it concluded on the day of the general election. Judicial questioning focused on whether that was too late, because early voting already had begun.

Attorney Matthew Seligman, who defended the legislature, argued that the "election" should be defined narrowly to mean the Tuesday of the general election. In that case, the legislature's first vote on the redistricting amendment occurred before the election and was constitutional, he told judges. ... But an attorney arguing for the plaintiffs, Thomas McCarthy, said "election" means the entire period during which people can cast ballots, which lasts several weeks in Virginia. If that's the case, then the legislature's initial endorsement of the redistricting amendment came too late to comply with the state constitution, he said.

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