Defeated Virginia Republicans regroup for last-chance fight to save House majority
Republicans argue the ballot language was misleading and that lawmakers violated procedural rules in pushing the referendum
By Charles Creitz Fox News
Published April 23, 2026 2:28pm EDT
Virginia’s redistricting fight is headed to the state's high court Thursday after a red county judge who previously tried to spurn the "yes" camp threw a wrench into the certification process late Wednesday.
The situation sets up a clash between the judge who halted certification and the state Supreme Court, which allowed the referendum to proceed while challenges remained under review.
Virginia Republicans are urging the courts to take up their challenge to the ballot measure, which voters approved 51%-49% and is expected to redraw the state's congressional districts to give Democrats a 10-1 majority in the House delegation.
GOP officials argue the ballot measure process was illegitimate, and pressure is on to save every Republican-held House seat they can with the U.S. midterm elections fast approaching and the Republican majority in Congress hanging by a thread.
"[On Tuesday] Virginians saw exactly what happens when a misleading, rigged question is shoved onto the ballot," state Senate Minority Leader Ryan McDougle, R-Hanover, told Fox News Digital. "If this were really about fairness, the advocates wouldn’t have needed to blow $90 million-plus to trick voters. Litigation is still pending with the courts, but the bottom line is clear: Virginians deserve far better."
The Supreme Court of Virginia (SCOVA) in March stayed an earlier injunction from Tazewell County Circuit Court Judge Jack Hurley Jr., clearing the way for the referendum to advance while making clear it had not ruled on the merits. Hurley ruled again late Wednesday, declaring the ballot language unconstitutional and blocking certification of the results.
A legislative source told Fox News Digital the SCOVA is not likely to play ball on that matter and instead will continue its own litigation of the cases and potentially rebuke Hurley. Still, certification of the election is now paused despite Thursday's SCOVA filing date.
Shortly after the ruling came down, Virginia Attorney General Jay Jones, a Democrat who beat GOP incumbent Jason Miyares in November, indicated his office will "immediately file an appeal."
"As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the people’s vote." Jones said in a statement.
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