RICHMOND, Va. (AP) — For the second time, Virginia’s Supreme Court ruled Wednesday that voters can cast ballots on a Democratic-led congressional redistricting plan that could help the party win four more U.S. House seats, as the justices review legal challenges to the effort.
The court ruled that a statewide referendum can be held on April 21 on whether to authorize mid-decade redistricting, upending a temporary restraining order put in place by a Tazewell County judge last month. It comes after the top court made a similar ruling last month in a related case.
The court still has not ruled on whether the mid-decade redistricting amendment and referendum are legal, indicating that the scheduled April vote could be all for nothing if the top court upholds a lower court ruling blocking the effort. Early voting on the referendum is supposed to begin Friday.
“It is the process, not the outcome, of this effort that we may ultimately have to address,” the ruling said. “Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision.”
Since late February, officials in Tazewell County have refrained from preparing for the referendum in light of the restraining order. On Wednesday, Tazewell Director of Elections Brian Earls said he would work hard to ensure early voting would start in his county come Friday.
“I believe we will be ready,” he said in an email. “If not, it will not be for lack of effort.”
The National Republican Congressional Committee, which filed the initial request for a restraining order, did not immediately respond to a request for comment on the case.
Virginia House Republican Minority Leader Terry Kilgore expressed confidence Wednesday in winning the case and at the ballot box.
“If we can throw this constitutional amendment out, what other constitutional amendments can we throw out over the next few years?” he told reporters following the ruling. “That’s not the way Virginia should be.”
President Donald Trump launched an unusual mid-decade redistricting battle last year by pushing Republican officials in Texas to redraw districts to help his party win more seats. The goal was for the GOP to hold on to a narrow House majority in the face of political headwinds that typically favor the party out of power in midterms.
Instead, it created a burst of redistricting efforts nationwide. So far, Republicans believe they can win nine more House seats in Texas, Missouri, North Carolina and Ohio. Democrats think they can win six more seats in California and Utah, and are hoping to fully or partially make up the remaining three-seat margin in Virginia.
In February, Virginia Democrats released a new congressional map that aims to give their party four more seats. Since then, the Democratic-led legislature passed the proposed map and Gov. Abigail Spanberger signed the document into law.
Still, the map only goes into effect if it’s backed by voters and the amendment process is approved by the top court.
Virginia Democratic House Speaker Don Scott said Wednesday that the top court’s decision gives voters an opportunity to decide whether the map gets used.
“The Supreme Court of Virginia’s decision ensures that this referendum will move forward and that Virginians will have the opportunity to make their voices heard,” he said.
Democratic lawmakers in Virginia have sought to portray their redistricting push as a response to Trump’s overreach. Republicans have sounded aghast at the proposed district map, describing it as a way for liberals in northern Virginia to commandeer the rest of the state.
