Virginia appeals ruling that ‘nullifies a statewide vote’ on redistricting

Virginia officials have filed a motion to pause a lower court ruling blocking the state’s voter-approved redistricting plan, part of a battle that will likely end up back before the state Supreme Court. 

In a resounding victory for Democrats, Virginia voters Tuesday approved the state Democratic leaders’ redistricting proposal, which aimed to counteract President Donald Trump’s mid-decade GOP gerrymanders in other states. 

But the measure still must survive multiple lawsuits and was swiftly blocked the following day, when a Tazewell County judge ruled that the proposed constitutional amendment and the referendum vote were unconstitutional. The ruling also prevents election officials from certifying the results of the vote and implementing the new map.

Now, Virginia Attorney General Jay Jones (D) is asking the Court of Appeals to pause that decision. 

“The first concern is the integrity and finality of elections. More than three million Virginians cast ballots in the April 21 referendum,” Jones’ office wrote in its filing, criticizing Wednesday’s ruling. “When a court nullifies a statewide vote on the basis of a disputed legal theory, the consequence is not neutrality. It is erosion of the most basic premise of self-government.”

The Virginia Supreme Court is set to hear arguments Monday in a separate case related to the redistricting plan. The plaintiffs argue the legislature violated the state’s constitution by calling a special session to begin redistricting. A lower court ruled for the GOP plaintiffs.

In February, the state supreme court ruled that the redistricting special election could go forward while legal challenges to it made their way through court.