Thursday, April 23, 2026

An Unconstitutional Outcome in Virginia

Gerrymandering - the practice of dividing or arranging a territorial unit into election districts in a way that gives one political party an unfair advantage in elections - Merriam Webster  


Not even twenty-four hours had elapsed since the polls closed in the Virginia Congressional Redistricting scheme when Tazewell County Circuit Court Judge Jack Hurley sided with Republican plaintiffs and declared the amendment and enabling legislation "void ab initio," citing multiple violations of the Virginia Constitution.

The ruling also permanently enjoins state officials from certifying the results of Tuesday's special election or taking any steps to implement the proposed congressional map.

The entire process was flawed right from the start, as the present Virginia breakdown had six Democrats and five Republicans representing the State in the House of Representatives, while the redrawn map revealed a Democrat-controlled legislature gerrymandered breakdown, leaving a proposed ten Democrat districts and one Republican district. The vote was 51% in favor of the Democrat initiative, leaving Republicans potentially only one seat in the House. 

In making his decision to invalidate the referendum, Judge Harley ruled that the process:

- Violates the Virginia constitution which requires two legislative sessions occur before a change may be considered

- Lawmakers failed to follow statutory procedures, including requirements for public notice and timing

- Legislation improperly combined multiple subjects, violated restrictions on local election laws, and required early voting before the constitutionally mandated 90-day window had elapsed

- The ballot question itself was "flagrantly misleading" and did not accurately describe the amendment approved by lawmakers

Based on those findings, the court declared all votes cast in the referendum "ineffective."

The referendum, narrowly approved by voters, would have temporarily shifted redistricting authority from Virginia's bipartisan commission to the Democrat-controlled legislature through 2030.

With certification now blocked and the amendment struck down, the case was immediately appealed by Democrats and is expected to move quickly on appeal. However, it leaves uncertainty over whether any redistricting changes will take effect before the 2026 midterm elections.

This is another example of Democrats being angry at Republicans for things they themselves are guilty of actually doing," former Trump campaign national press secretary and current Newsmax contributor Hogan Gidley told viewers on Tuesday. "Seven of the 10 most gerrymandered states in this country are Democrat-controlled, and in 16 of the 20 least gerrymandered states in this country are Republican-dominated states.“

It stands to reason that Democrats  know their message is non-existent, and therefore, they must rely on this type of maneuvering to possibly flip control in the Congress. Because voters are no longer voting for Democrats

Perhaps it is time for the Democrat Party to do some real soul-searching and step away from the Socialist brink they are approaching. Or they will go the way of the Whigs, the Federalists and the Know Nothing Party of the early to mid eighteenth century.

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