A Tazewell County Circuit Court judge has delivered a significant blow to Democratic efforts to redraw Virginia’s congressional districts ahead of the 2026 midterm elections.
Judge Jack Hurley Jr. granted an emergency injunction blocking the planned April referendum that Democrats seek to pass, which would likely give their party four additional U.S. House seats in the state. The ruling, effective until March 18, follows a temporary restraining order requested by the Republican National Committee and the National Republican Congressional Committee—both of whom signed the request with support from Republican U.S. Reps. Ben Cline and Morgan Griffith.
Virginia Democratic Attorney General Jay Jones has vowed to appeal the decision, arguing that the ballot referendum’s timing and phrasing violate Virginia law. The court found the plaintiffs—Democrats—have an “extraordinarily high likelihood of success on the merits” in challenging the effort. Specifically, they claim the referendum violates Article XII, Section 1 of the Virginia Constitution because early voting is set for “sooner than 90 days after” the January passage of House Joint Resolution 4.
Additionally, Hurley ruled that the phrase “restore fairness” on the ballot is misleading and unconstitutional, as it could lead voters to believe they are engaging in unfair behavior by opposing the proposed amendment. This marks the second time Judge Hurley has blocked Democratic redistricting efforts; he previously invalidated a constitutional amendment resolution passed during a special legislative session in January, ruling it was scheduled too close to an intervening election.
The case had been appealed to Virginia’s state Supreme Court, which initially allowed the referendum to proceed while reviewing the appeal. Early voting for the referendum begins March 6, but the restraining order remains in effect until March 18 unless modified or extended. The Republican National Committee described the ruling as “a massive win in defending honest representation for every Virginian.”
If approved, Democrats’ proposed congressional map would give them a commanding 10-1 advantage over Republicans in Virginia’s delegation—currently six Democrats and five Republicans.