Yes, there are ongoing constitutional and procedural questions surrounding the Virginia referendum scheduled for April 21, 2026. This is a special statewide election on a single legislatively referred constitutional amendment (officially the Virginia Use of Legislative Congressional Redistricting Map Amendment). (elections.virginia.gov)
The ballot question asks: “Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia’s standard redistricting process resumes for all future redistricting after the 2030 census?” A “yes” vote would let the legislature redraw congressional maps mid-decade (between 2025 and 2030) in response to other states doing the same outside the normal 10-year census cycle, bypassing the independent Virginia Redistricting Commission in limited circumstances. The amendment passed the General Assembly in successive sessions (2025 and January 2026) on party-line Democratic votes. (en.wikipedia.org)
Key Constitutional and Procedural Challenges. Multiple lawsuits—primarily filed by Republican lawmakers, the Republican National Committee, and related groups in Tazewell County Circuit Court—have raised serious questions about whether the amendment and referendum process complies with the Virginia Constitution. The main issues include:
- Special legislative session authority: Whether the General Assembly could validly pass the amendment in a special session (originally called for a 2024 budget matter) rather than a regular session.
- 90-day public posting/publication requirement: Article XII, Section 1 of the Virginia Constitution (and related statutes) requires proposed amendments to be posted at circuit court clerks’ offices for at least three months before the election. Critics argue this was violated because the final passage occurred in January 2026, with early voting starting March 6, 2026 (less than 90 days later).
- Timing relative to the general election: Whether the first passage of the amendment satisfied the constitutional requirement of occurring “before the next general election,” given that over a million early votes had already been cast in the 2025 elections by the time of passage.
- Ballot language misleadingness (in one suit): The title’s phrasing about “restore fairness” allegedly misleads voters by implying neutrality while actually allowing partisan map-drawing and overriding the 2020 voter-approved independent commission.
A Tazewell County Circuit Court judge (Jack Hurley Jr.) ruled the process unlawful twice—in late January 2026 and again on February 19, 2026—issuing injunctions that blocked or threatened to block the referendum. (ballotpedia.org)
Current Status and Virginia Supreme Court Rulings: The Virginia Supreme Court has twice intervened on emergency appeals (February 13, 2026, and March 4, 2026) and stayed the lower-court injunctions, allowing the April 21 referendum and early voting (which began March 6) to proceed. However, the high court explicitly stated these orders do not resolve the underlying constitutional questions on the merits. It emphasized that Virginia courts generally should not prematurely enjoin elections and indicated it will rule on the challenges after the vote. (blankingshipandkeith.com)
In short:
- The referendum is going forward as scheduled, and all registered Virginia voters can participate (early in-person or mail ballots are available).
- If voters approve the amendment, the General Assembly could then adopt new maps (a separate bill already outlines a proposed 10-1 Democratic-leaning map).
- But if the Supreme Court later rules the process invalid, the amendment could be struck down regardless of the vote outcome—rendering the referendum effectively moot.
These disputes are entirely about Virginia’s constitutional procedure for amending the state constitution; no major federal constitutional challenges (e.g., under the U.S. Constitution) have been prominently reported. The litigation remains active, with the Supreme Court of Virginia expected to issue a final decision post-election. For the most up-to-date official details, check the Virginia Department of Elections website (elections.virginia.gov), which has the full ballot explanation and voting information.