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Virginia judge blocks certification of redistricting referendum

Commonwealth attorney general vows to appeal the decision out of Tazewell County

A sign directs early voters on the Virginia redistricting referendum to the Ellen M. Bozman Government Center in Arlington, Va., last month.
A sign directs early voters on the Virginia redistricting referendum to the Ellen M. Bozman Government Center in Arlington, Va., last month. (Bill Clark/CQ Roll Call)

A Virginia judge sided Wednesday with Republicans challenging the commonwealth’s new redistricting process for the third time, a day after voters approved a new map that would favor Democrats.

After a hearing Wednesday, Judge Jack Hurley Jr. of the state Circuit Court of Tazewell County issued a ruling blocking the certification of the redistricting referendum approved by Virginia voters Tuesday, according to former Virginia Attorney General Ken Cucinelli.

Virginia Attorney General Jay Jones vowed Wednesday to appeal the decision in a statement posted on X, the site formerly known as Twitter.

“As I said last night, Virginia voters have spoken, and an activist judge should not have veto power over the People’s vote,” Jones’ statement said. “We look forward to defending the outcome of last night’s election in court.”

The ruling Hurley issued Wednesday came in a case brought by the Republican National Committee, National Republican Congressional Committee, and Rep. Ben Cline, R-Va.

The legal saga started in January when Hurley first blocked the redistricting process. Hurley blocked the process a second time in a separate case challenging the process, reiterating what he saw as flaws the legislature used in implementing the map changes.

The Virginia Supreme Court ultimately took up both cases by March and set potential oral arguments over the constitutionality of the redistricting. It has not yet scheduled the oral arguments, and defenders of the new map are set to file their next briefing in the case later this week.

Virginia voters approved the referendum Tuesday night, the latest in a series of mid-decade redistricting moves touched off by Texas’ effort to target Democrat-held seats last summer.

The new Virginia map would target several Republican-held seats, with Democrats favored to take 10 of Virginia’s 11 congressional seats.

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