Ken Cuccinelli II@KenCuccinelli
The "yes" vote has won Va's redistricting referendum — but the legal fight is just beginning. Four Va Constitutional challenges are now teed up:
THREE challenges to the amendment process itself:
1️⃣ First passage was invalid. The amendment was taken up during a special session convened in 2024 for budget purposes. The General Assembly's own call to the Governor (under Art. IV, §6 and Art. V, §5) and its governing resolution (HJR 6001) limited the session's scope. Expanding it to include a constitutional amendment on redistricting required a two-thirds vote that never occurred. A Tazewell County judge found this action "void, ab initio."
2️⃣ Art. XII, §1 requires that after first passage, a proposed amendment be "referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates." An election must intervene between first and second passage. Here, first passage occurred during an election cycle — not before an intervening one.
3️⃣ Art. XII, §1 requires the amendment be submitted to voters "not sooner than ninety days after final passage by the General Assembly." The timeline from second passage to the April 21 vote did not satisfy this requirement.
Plus ONE challenge to the proposed maps:
4️⃣ Art. II, §6 requires that "every electoral district shall be composed of contiguous and compact territory." The proposed congressional maps violate this contiguity requirement (rather badly).
Next stop, court. Stay tuned.
