Virginia Congressional Redistricting Referendum Ballot Language Challenge
McGuire v. Virginia State Board of Elections
An anti-voting lawsuit challenging the ballot language of a Virginia constitutional amendment to counteract GOP nationwide redistricting efforts.
Background
Rep. John J. McGuire, Rep. Robert J. Wittman and a voter filed a lawsuit against Virginia state election officials challenging the ballot question for a constitutional amendment to counteract mid-decade redistricting by Republicans nationwide. Plaintiffs claim the ballot question does not reflect the substance of the proposed amendment because it omits language granting the power of the legislature to redraw districts only in response to actions taken by other states. They further argue that the ballot question is misleading, false and does not offer a neutral explanation of the amendment. Plaintiffs say the ballot question violates state law and the state constitution. They ask the court to prevent a vote on the amendment until the ballot question is corrected.
Why It Matters
Virginia is the second state, after California, to potentially net seats for Democrats since President Donald Trump called on Republican-controlled states to conduct mid-decade redistricting to secure maximum GOP advantage in the 2026 midterm elections. Redistricting in Virginia could result in up to four additional seats for Democrats, counteracting new GOP seats created in Texas, Missouri, and North Carolina.
Latest Update
- Feb. 26, 2026: House Speaker Dan Scott, Senate President Pro Tempore Louise Lucas, and Senate Majority Leader Scott Surovell moved to intervene as defendants. Proposed-intervenor defendants filed their opposition to plaintiffs’ motion for a preliminary injunction.
- Feb. 18, 2026: Plaintiffs filed their complaint and motion for a preliminary injunction.