“The referendum vote is analogous to a governor signing a bill — now the courts review whether it was constitutional.”
— Ken Cuccinelli, National Chairman of the Election Transparency Initiative, and former Attorney General of Virginia
FOR IMMEDIATE RELEASE
Fast-moving case puts constitutionality of referendum and maps before Virginia’s highest court
Arlington, VA — April 27, 2026 — The Supreme Court of Virginia will hear oral arguments, Monday, April 27, 2026, in Virginia’s rapidly advancing redistricting case, following a lower court ruling that found the referendum unconstitutional and blocked certification of the vote.
Former Virginia Attorney General Ken Cuccinelli, National Chairman of the Election Transparency Initiative (ETI), will be available for immediate post-argument reaction and analysis. He will be holding a 10:30 AM ET press briefing following oral arguments to provide immediate reaction and analysis. The briefing will stream live on ETI’s X account.
The case is moving at an unusually fast pace, with multiple constitutional challenges now before the court and proceedings expected to shape Virginia’s congressional maps and election framework in the near term.
Recent reporting underscores both the speed and stakes of the case. Coverage in The Daily Signal notes the legal battle has already shifted to the Virginia Supreme Court following the referendum. Additional reporting highlights that oral arguments are set for Monday at 9a.m. and that multiple state constitutional challenges are now before the court.
In a recent Fox News op-ed, Cuccinelli outlined the four core constitutional questions now at issue, emphasizing that the final outcome will rest with the Virginia Supreme Court.
The constitutional challenges focus on:
- Whether the amendment was properly advanced during a limited special session
- Whether a required intervening election occurred
- Whether the 90-day constitutional requirement was met
- Whether the proposed maps meet contiguity and compactness standards
While the statutory challenges focus on:
- The extreme ballot language used
- The lack of 90-day notice of the proposed amendment before the 2025 election and the 2026 referendum
Media Availability
Cuccinelli will deliver remarks and take media questions live at 10:30 AM ET, immediately following oral arguments. He will address the constitutional and statutory issues at stake and what comes next as these challenges move forward.
Availability begins after the press conference concludes on Monday.
To book please include:
- Outlet / station
- Media type (TV, radio, video, phone, etc.)
- Host name
- Suggested booking times
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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