One day after the Supreme Court of Virginia (SCOVA) heard oral arguments about the legality of the legislative process used by Democrat lawmakers to get the redistricting referendum to voters. It was previously ruled unconstitutional by the lower court. The Supreme Court on Tuesday ended Attorney General Jay Jones’s efforts to certify the referendum results. The Tuesday order was based on the RNC v. Koski case.
In RNC v. Koski, a state challenge seeking to prevent an Apr. 21 election on a state constitutional amendment permitting mid-decade gerrymandering, alleging that the legislature has not yet properly passed the proposed amendment in two appropriate legislative sessions. On Feb. 19, 2026, the trial court issued an order prohibiting the holding of the Apr. 21 vote on the constitutional amendment.
On Wednesday afternoon, Tazewell Circuit Court Judge Jack Hurley Jr. ruled that Tuesday’s referendum is unconstitutional and issued an injunction preventing the certification of the election maps. Judge Hurley has also denied any motion to stay his ruling pending appeal.
Jones filed an emergency motion for a stay of Hurley’s ruling; SCOVA denied it. The redistricting referendum will not be certified.
Republican Del. Wren Williams explained what SCOVA did:
Basically, Jones asked SCOVA to allow the election process to go forward while we litigate. He asked to lift the 4/22 Tazewell injunction, attached. This is the crushing Order that barred certification of the election, and declared it unconstitutional from the start, even found ballot language shameful.
Today, though, SCOVA simply denied the Jones’ motion, and the underlying 4/22 Tazewell injunction barring the certification of the election stands and remains in full effect.
Now Dems are left with their appeal to SCOVA, and a special election that’s stopped dead in its tracks.
Basically, Jones asked SCOVA to allow the election process to go forward while we litigate. He asked to lift the 4/22 Tazewell injunction, attached.
This is the crushing Order that barred certification of the election, and declared it unconstitutional from the start, even found… https://t.co/vjlYQalT5y pic.twitter.com/hCKEz2AzpT
— Wren Williams (@WrenWilliamsVA) April 28, 2026