The Supreme Court of Virginia Friday invalidated the recent referendum to redraw the Commonwealth’s congressional districts.
In the four to three ruling, Virginia’s highest court found the first vote Democrats used to begin the constitutional amendment process happened during an ongoing election.
“Early Virginia voters unknowingly forfeited their constitutionally protected opportunity to vote for or against delegates who favor or disfavor amending the Constitution by not anticipating a legislative vote on a constitutional amendment four days before the last day of voting,” wrote Justice Arthur Kelsey for the majority.
In an interview shortly after the opinion dropped Friday, Republican Senator and plaintiff in the dispute Ryan McDougle welcomed the ruling.
“You cannot violate the constitution in order to change the constitution," McDougle told the press. "The Supreme Court made that clear. The referendum was a violation of the constitution and as a result its null and voice.”
Democratic House Speaker Don Scott said he was disappointed but would respect the court’s opinion, adding “we will keep fighting for a democracy where voters – not politicians – have the final say.” Whether or not they would start the process over is uncertain.
What remains is how the voters may feel about the decision. J. Miles Coleman with the UVA Center for Politics said this could be a shot in the arm for Democrats on a future vote.
“What if that’s the thing that causes Democrats to lose the House this year? Then you would probably see Democrats really fired up,” he told Radio IQ. "But two years is such a long time in politics. We'll have to see how this plays out."
McDougle said voters should blame those who violated the process. “Whether the constitution was followed should not matter whether there was an election or not,” McDougle said.
Additional praise for Friday's ruling came from Republican House Minority Leader Terry Kilgore.
“To read it otherwise would have not fulfilled constitutional grounds because 1.3 million people had already voted," he told reporters. "This is Virginia and this is the Virginia Way."
But Democrat Senate Majority Leader Scott Surovell slammed the high court’s decision in a statement, noting that ”over three million Virginians participated in this referendum."
"Their votes have been set aside not because of fraud, not because of intimidation, not because of any defect in the casting or counting of ballots, but because four Justices have adopted a definition of 'election' that conflicts with state statute,” he added.
One Democrat who welcomed the decision was Brian Cannon, the man behind the 2020 redistricting amendment that saw Virginia's legislative lines drawn without preference for political party.
"Democrats did not need to cheat to win more seats in Congress from Virginia," he told Radio IQ in a text message. "With the court ruling today the Democrats effectively lit over $70 million in campaign funds on fire, along with their credibility."
"As a Democrat, I'm incredibly disappointed they tried this gambit and as a Virginian, I'm proud the Supreme Court of Virginia threw it out," he added.
The earliest a new referendum could go before the public would be 2028.
