VA Redistricting Heads to Court
“This vote does not resolve the constitutional issues surrounding how the amendment was passed or how the maps were drawn.”
Ken Cuccinelli, National Chairman of ETI
Four Constitutional Challenges Headed to Court Following Referendum Outcome
Press Release
FOR IMMEDIATE RELEASE | LINK
Arlington, VA — April 22, 2026 — Following the outcome of Virginia’s redistricting referendum, Ken Cuccinelli, National Chairman of the Election Transparency Initiative (ETI) and former Attorney General of Virginia, issued the following statement outlining significant constitutional concerns that are expected to be litigated:
“The ‘yes’ vote has won Va.’s redistricting referendum, but the legal fight is just beginning.”
Cuccinelli said the vote does not settle whether the amendment or the maps that follow are constitutionally valid. He pointed to four constitutional challenges, including three related to the amendment process and one concerning the proposed congressional maps:
Challenges to the Amendment Process
- First Passage During Special Session
Cuccinelli noted that the amendment’s first passage occurred during a 2024 special session convened for budget purposes (but not until late October of 2025). Under Article IV, §6 and Article V, §5 of the Virginia Constitution, as well as the General Assembly’s governing resolution (HJR 6001), the scope of that session was limited to budget matters. Expanding it to include a constitutional amendment required a two-thirds vote that did not occur. A Tazewell County judge has already found this action “void, ab initio” for this reason. - Lack of Required Intervening Election
Under Article XII, §1, a constitutional amendment must be referred to the General Assembly at its first regular session following the next general election of members of the House of Delegates. Cuccinelli stated that requirement was not met, as the first passage occurred during an election rather than prior to an intervening election. Virginia has 45-day elections, thus Virginia’s 2025 election began on September 19, 2025, but first passage of the proposed constitutional amendment did not occur until October 31, 2025 – after over one million votes had already been cast in the 2025 election – yet the proponents count the 2025 election as the intervening election required under Virginia’s constitution. - Ninety-Day Requirement Not Met
The Virginia Constitution (Article XII, §1) also requires that amendments be submitted to voters no sooner than 90 days after final/second passage. According to Cuccinelli, the timeline between second passage (January 16, 2026) and the opening of voting on the amendment, i.e., when the measure was “submitted to voters” on March 6, 2026 was far short of the 90-day requirement. March 6, 2026 was 45 days before the April 21st and thus the first day of voting on the proposed amendment.
Challenge to the Proposed Maps
- Contiguity Requirement
Cuccinelli further cited Article II, §6, which requires that electoral districts be composed of contiguous and compact territory. He stated that the proposed congressional maps are the least contiguous of the modern era and thus may not survive on this additional basis.
“Next stop, court. Stay tuned.”
Media Availability
Ken Cuccinelli is available for interviews to discuss state- and federal-level election standards, the constitutional issues surrounding Virginia’s redistricting process, and what comes next as these challenges move forward.
His Twitter post on this subject is here: https://x.com/KenCuccinelli/status/2046763761264984137
Members of the media may submit interview requests at: https://electiontransparency.org/contact/
About the Election Transparency Initiative
ETI works nationwide to advance commonsense election reforms that protect the integrity of the vote and strengthen public trust in election outcomes by enhancing transparency, accountability, and confidence in American elections. Ken Cuccinelli serves as National Chairman of ETI. He previously served as Acting Deputy Secretary of the U.S. Department of Homeland Security and as Attorney General of Virginia.
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