Virginia Senate President Pro Tempore, Sen. Louise Lucas, D-Portsmouth, recognizes a visitor in the gallery as she presides over the Senate, Jan 27, 2020, at the state Capitol in Richmond, Va. (AP Photo/Steve Helber, File)
In a big win for Virginia Democrats’ efforts to counter President Donald Trump’s GOP gerrymanders in other states, the Virginia Supreme Court said the state can hold its special election on Democrats’ own redistricting plan. The referendum vote is scheduled to take place on April 21.
Democrats will still have to defend* that plan in court, but the order means that the ongoing legal case will not prevent a redistricting referendum from going forward. In practice, that means voters will get to decide on a proposed “10-1” map that could deliver four more Democratic seats in Congress.
Though the Supreme Court’s order is a victory for Democrats, some uncertainty remains about the future of redistricting.
Because a decision in the redistricting case will come after the referendum takes place, the Supreme Court could theoretically void the results of that vote if it rules against Democrats. In practice, a decision overruling voters would be unlikely.
In January, Virginia lawmakers passed a constitutional amendment that, if approved by voters, would allow them to redraw the state’s congressional map.
Republicans sued, and a state judge blocked the redistricting measure, concluding that lawmakers had not properly followed procedural rules when they took an initial vote on their plan.
Democrats quickly appealed to the state court of appeals, arguing the decision was “legally flawed, unprecedented, and the product of court-shopping designed to block Virginians from voting on their own Constitution.”
The court of appeals then hurried the case to the Virginia Supreme Court, an unusual move intended to ensure a quicker decision on a case presenting questions “of such imperative public importance.”
This is a developing story.
*Defendant-intervenors are represented in the lawsuit by the Elias Law Group (ELG). ELG Chair Marc Elias is the founder of Democracy Docket.
