constitutional amendment

WASHINGTON — Democrats on Monday filed an emergency appeal with the U.S. Supreme Court seeking to halt a Virginia ruling invalidating a ballot measure that would have given their party an additional four winnable U.S. House seats.

The move came after the Virginia Supreme Court on Friday struck down a constitutional amendment that voters narrowly passed just last month. The 4-3 state court decision found that the Democratic-controlled legislature improperly began the process of placing the amendment on the ballot after early voting had begun in Virginia’s general election last fall.

Democrats argued unsuccessfully that the U.S. Supreme Court has held that, even if early voting is underway, an election does not happen until election day itself.

The appeal is the latest twist in the nation’s mid-decade redistricting competition. It was kicked off last year by President Trump urging Republican-controlled states to redraw their lines and was supercharged by a recent Supreme Court ruling severely weakening the Voting Rights Act.

“The Court overrode the will of the people who ratified the amendment by ordering the Commonwealth to conduct its election with the congressional districts that the people rejected,” wrote lawyers for Virginia Democrats and Democratic state Atty. Gen. Jay Jones. “The irreparable harm resulting from the Supreme Court of Virginia’s decision is profound and immediate.”

The filing is a sign of Democratic desperation after the Virginia decision. Democrats are still favorites to recapture the U.S. House of Representatives, but their GOP rivals have claimed to have gained more than a dozen seats through redistricting. The voter-approved Virginia map would have partly offset that.

Democrats are taking a legal long shot in asking the justices to reverse the Virginia court’s ruling. The Supreme Court tries to avoid second-guessing state courts’ interpretations of their own constitutions. In 2023, it turned down a request by North Carolina Republicans to overrule a state Supreme Court decision that blocked the GOP’s congressional map.

Politically, the appeal could help a party struggling to compete with Republicans in the unusual mid-decade redrawing of congressional boundaries by providing fodder for election-year messaging about a partisan Supreme Court. The court recently allowed Louisiana Republicans to proceed with redistricting after the justices struck down a majority Black district as an unconstitutional racial gerrymander.

Democrats have been set on their heels because, days after the Virginia ballot measure passed, the Supreme Court’s conservatives reversed decades of rulings and in effect neutered the Voting Rights Act, paving the way for Southern states to eliminate some majority Black districts and further pad Republican margins in Congress.

The Virginia amendment had been launched long before that ruling. It was intended as a response to Republican gains in Texas, Missouri, North Carolina and Ohio, and to blunt a new map in Florida that just became law. Once the Virginia amendment passed, it briefly turned the nationwide redistricting scramble into a draw between the two parties.

That was unraveled by the Virginia Supreme Court’s decision. The justices are appointed by the legislature, which has flipped between the two parties in recent decades, and the body is generally not seen as having a clear ideological bent.

Whitehurst writes for the Associated Press.

RICHMOND, Va. — Virginia Supreme Court justices on Monday questioned whether the state’s Democrat-led legislature complied with constitutional requirements when it sent a congressional redistricting plan to voters, in a case that could help decide the balance of power in the U.S. House.

The new districts, which could net Democrats four additional seats, won narrow voter approval last week. But a Republican legal challenge contends the General Assembly violated procedural rules by placing the constitutional amendment before voters to authorize the mid-decade redistricting. If the court agrees that lawmakers broke the rules, it could invalidate the amendment and render last week’s statewide vote meaningless.

The Virginia court proceedings mark the latest twist in a national redistricting battle between Republicans and Democrats seeking an advantage in a November midterm election that will determine whether Republicans maintain their narrow majority in the U.S. House.

President Trump kicked off a tit-for-tat round of gerrymandering last summer when he urged Texas Republicans to redraw districts to their favor in an attempt to win several additional House seats. That set off a chain reaction of similar moves in other states, leading to the voter approval last week of Virginia’s new map.

Next up is Florida, where Republican Gov. Ron DeSantis has included congressional redistricting on the agenda for a special session of the GOP-controlled Legislature beginning Tuesday.

Virginia arguments focus on what counts as an `election’

During Monday’s arguments, the Virginia Supreme Court focused on whether the new congressional districts should be invalidated because of the process used by lawmakers. The justices issued no immediate ruling.

Because the state’s redistricting commission was established by a voter-approved constitutional amendment, lawmakers had to propose an amendment to redraw the districts. That required approval of a resolution in separate legislative sessions, with a state election sandwiched in between, to place the amendment on the ballot.

The legislature’s first vote occurred in October — while early voting was underway but before it concluded on the day of the general election. Judicial questioning focused on whether that was too late, because early voting already had begun.

Attorney Matthew Seligman, who defended the legislature, argued that the “election” should be defined narrowly to mean the Tuesday of the general election. In that case, the legislature’s first vote on the redistricting amendment occurred before the election and was constitutional, he told judges.

But an attorney arguing for the plaintiffs, Thomas McCarthy, said “election” means the entire period during which people can cast ballots, which lasts several weeks in Virginia. If that’s the case, then the legislature’s initial endorsement of the redistricting amendment came too late to comply with the state constitution, he said.

Attorneys argue over the rights of voters

The purpose of Virginia’s two-step amendment process, with an intervening election, is so voters can know whether legislative candidates support or oppose a proposed constitutional amendment, McCarthy said.

He pointed to the case of Democratic voter Camilla Simon, one of the plaintiffs in the lawsuit alongside Republican state lawmakers, who cast an early vote last fall for Democratic Del. Rodney Willett. After she voted, Willett sponsored the Democratic redistricting amendment, and Simon wished she could have undone her vote, McCarthy said.

“None of these voters had any idea this was coming, and that’s not how this process is supposed to work,” McCarthy told the justices.

Those defending the Democratic redistricting plan also contend that the voters’ will should be respected.

The people voted to ratify the constitutional amendment, “and the challengers are asking to overturn that democratic result,” Seligman told reporters after the arguments.

Nationwide redistricting battle has no clear winner so far

So far, the two major parties have battled to a near draw in the states that have redrawn their congressional maps for this year’s midterms.

Republicans think they could win up to nine more seats under revised districts in Texas, Missouri, North Carolina and Ohio. Democrats think they could win as many as 10 additional seats under new districts in California, Utah and Virginia. But legal challenges remain in both Virginia and Missouri.

Virginia currently is represented in the U.S. House by six Democrats and five Republicans who were elected from districts imposed by a court after a bipartisan redistricting commission failed to agree on a map after the 2020 census. The new districts, which narrowly won voter approval on April 21, could give Democrats an improved chance to win 10 districts.

Some candidates already have begun campaigning based on the new districts in advance of the state’s Aug. 4 primary election.

More court battles could remain in Virginia

In January, a judge in rural Tazewell County, in southwestern Virginia, ruled that lawmakers failed to follow their own rules for adding the redistricting amendment to a special session last fall. Circuit Judge Jack Hurley Jr. also ruled that lawmakers failed to initially approve the amendment before the public began voting in last year’s general election and that the state had failed to publish the amendment three months before the election, as required by law. As a result, he said, the amendment is invalid and void.

The Virginia Supreme Court placed Hurley’s order on hold and allowed the redistricting vote to proceed before hearing arguments on the case.

During Monday’s arguments, justices also raised questions about the ability of lawmakers to expand the agenda for their special session and whether the three-month public notice requirement was important enough to thwart a voter-approved amendment.

Republicans have filed at least two additional legal challenges, which also are winding their way through the courts.

Robertson and Lieb write for the Associated Press. Lieb reported from Jefferson City, Mo. AP writers Allen G. Breed in Richmond and Nicholas Riccardi in Denver contributed to this report.

Virginia voters on Tuesday are deciding whether to ratify an unusual mid-decade redrawing of U.S. House districts that could boost Democrats’ chances of flipping control of the closely divided chamber, as the state becomes the latest front in a national redistricting battle.

A proposed constitutional amendment backed by Democratic officials would bypass the state’s bipartisan redistricting commission to allow use of new congressional districts approved by state lawmakers in this year’s midterm elections.

The referendum, which needs a simple majority to pass, tests Democrats’ ability to push back against President Trump, who started the gerrymandering competition between states after successfully urging Texas Republicans to redraw congressional districts in their favor last year. Virginia is the second state, after California last fall, to put the question to voters.

It also tests voters’ willingness to accept districts gerrymandered for political advantage — coming just six years after Virginia voters approved an amendment meant to diminish such partisan gamesmanship by shifting redistricting away from the legislature.

Even if Democrats are successful Tuesday, the public vote 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.

Virginia Democrats are following California’s lead

Congressional redistricting typically is done once a decade after each U.S. census. But Trump urged Texas Republicans to redistrict ahead of the November elections in hopes of winning several additional seats and maintaining the GOP’s narrow House majority in the face of political headwinds that typically favor the party that is out of power during midterms.

The Texas gambit led to a burst of redistricting nationwide. So far, Republicans believe they can win up to nine more House seats in newly redrawn districts in Texas, Missouri, North Carolina and Ohio.

Democrats think they can win up to five more seats in California, where voters approved a mid-decade redistricting effort last November, and one more seat under new court-imposed districts in Utah. Democrats hope to offset the rest of that gap in Virginia, where they decisively flipped 13 seats in the state House and won back the governor’s office last year.

Voters focus on fairness, with different perspectives

The stream of voters was steady Tuesday at a recreation center in the Old Town area of Alexandria, Virginia.

Matt Wallace, 31, said he votes regularly but this election has additional emphasis.

“I think the redistricting issue across the country is unfortunate, that we’ve had to resort to temporary redistricting in order to sort of alter our elections across the country,” Wallace said. He said he voted for the Democratic redistricting amendment “to help balance the scales a bit until things get back to normal.”

Joanna Miller, 29, said she voted against the redistricting measure, “because I want my vote to count in a fair way.” Miller said she was more concerned about representation in Virginia than trying to offset actions in other states.

“I want my vote and my representation to matter this fall,” she said.

Political parties made a big push in Virginia

Leaders of both major parties see Tuesday’s vote as crucial to their chances to win a House majority in the fall. Trump weighed in via social media Tuesday morning, telling Virginians to “vote ‘no’ to save your country!”

Former Virginia Gov. Glenn Youngkin, a Republican, rallied with opponents of the measure Monday night, calling the redistricting plan “dishonest” and “brazenly deceptive.” House Minority Leader Hakeem Jeffries told reporters at the Capitol earlier in the day that a vote to approve the redraw “will serve as a check and balance on this out-of-control Trump administration.”

A committee supporting the Democratic redistricting effort had raised more than $64 million — three times as much as the roughly $20 million raised by opponents, according to finance reports filed less than two weeks before the election.

The back-and-forth battle over congressional districts is expected to continue in Florida, where the Republican-led legislature is scheduled to convene April 28 for a special session that could result in a more favorable map for Republicans.

A lobster-like district could aid Democratic efforts

In Virginia, Democrats currently hold six of the 11 U.S. House seats under districts that were imposed by the state Supreme Court in 2021 after a bipartisan commission failed to agree on a map based on the latest census data.

The new plan could help Democrats win as many as 10 seats. Five are anchored in Democratic-heavy northern Virginia, including one shaped like a lobster that stretches into Republican-leaning rural areas.

Revisions to four other districts across Richmond, southern Virginia and Hampton Roads dilute the voting power of conservative blocs in those areas. And a reshaped district in parts of western Virginia lumps together three Democratic-leaning college towns to offset other Republican voters.

The Virginia redistricting plan is “pushing back against what other states have done in trying to stack the deck for Donald Trump in those congressional elections,” Democratic Gov. Abigail Spanberger said during an online rally last week.

Ads for the “yes to redistricting” campaign featuring former President Barack Obama have flooded the airwaves.

Opponents have distributed campaign materials citing past statements from Obama and Spanberger criticizing gerrymandering, but those were before Trump pushed Republican states to redraw their congressional maps in advance of this year’s midterms.

Democrats “were all against gerrymandering before they were for it,” Virginia Republican Party Chairman Jeff Ryer said.

Virginia court weighs whether lawmakers acted illegally

Virginia lawmakers endorsed a constitutional amendment allowing their mid-decade redistricting last fall, then passed it again in January as part of a two-step process that requires an intervening election for an amendment to be placed on the ballot. The measure allows lawmakers to redistrict until returning the task to a bipartisan commission after the 2030 census.

In February, they 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.

If the state Supreme Court agrees with the lower court, the results from Tuesday’s vote could be rendered moot.

Lieb writes for the Associated Press. AP writers Gary Fields in Virginia and Lisa Mascaro in Washington contributed to this report.