After the Virginia redistricting power grab election on Tuesday was won by the Democrats, RedState reported that the battle was far from over. Now the battle moves into the court system, and that will decide the final fate of the constitutionality of this referendum.
Dive Deeper: Breaking: The Results Are In – Here's How Virginia Voted on Democrat-Led Gerrymandering
It didn't take long. On Wednesday afternoon, Tazewell Circuit Court Judge Jack Hurley Jr. ruled that Tuesday's referendum is unconstitutional and issued an injunction preventing the certification of the election maps. Judge Hurley has also denied any motion to stay his ruling pending appeal.
UPDATE on referendum lawsuits: The Tazewell Circuit Court just ruled the referendum unconstitutional. The Judge entered an injunction blocking certification of the election & denied a motion to stay pending appeal. A final order will be entered once drafted, & it will be…
— Ken Cuccinelli II (@KenCuccinelli) April 22, 2026
UPDATE on referendum lawsuits: The Tazewell Circuit Court just ruled the referendum unconstitutional. The Judge entered an injunction blocking certification of the election & denied a motion to stay pending appeal. A final order will be entered once drafted, & it will be immediately appealed
This battle began back in February. Hurley was the same judge who ruled on the maps drawn in anticipation of the fraudulent ballot measure, as the amendment process employed through HB 1384 was ramping up.
BIG WIN: Tazewell Circuit Court just enjoined the certification of the special election!!
— Wren Williams (@WrenWilliamsVA) April 22, 2026
UPDATE: From the Tazewell Circuit Court, the Judge reaffirmed all prior rulings, declared the referendum as unconstitutional and the amendment process of HB 1384 as unconstitutional. He…
BIG WIN: Tazewell Circuit Court just enjoined the certification of the special election!!
UPDATE: From the Tazewell Circuit Court, the Judge reaffirmed all prior rulings, declared the referendum as unconstitutional and the amendment process of HB 1384 as unconstitutional. He entered injunctive relief and specifically enjoyed the certification of the election. He denied a motion to stay pending appeal. A final order will be entered once drafted.
Tuesday's referendum may not be the final word. The state Supreme Court is considering whether the redistricting plan is illegal in a case that could make the referendum results meaningless.
In February, Democratic state lawmakers passed a new U.S. House map to take effect pending the outcome of the redistricting referendum. Republicans have filed multiple legal challenges against the effort.
A Tazewell County judge ruled that the redistricting push was illegal for several reasons. Circuit Court Judge Jack Hurley Jr. said lawmakers failed to follow their own rules for adding the redistricting amendment to a special session.
He ruled that their initial vote failed to occur before the public began casting ballots in last year’s general election and thus didn’t count toward the two-step process. He also ruled that the state failed to publish the amendment three months before that election, as required by law.
The order has yet to be drawn up, and of course, the Democrat masterminds who thought this up will no doubt appeal. But this gives further precedent for the Virginia Supreme Court, which will ultimately be required to rule on this referendum and its constitutionality.
This is a developing story. RedState will provide updates as warranted.
Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.
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