Supreme Court of Virginia blocks redistricting election certification

The Supreme Court of Virginia has allowed a court order preventing officials from certifying the April 21 special election on congressional redistricting to remain in place.

According to a document from the Supreme Court of Virginia posted by Sixth District Rep. Ben Cline, the court took up a motion from Virginia Attorney General Jay Jones on April 24. Following a Tazewell County judge’s order to block certification of the election, Jones filed a motion for an emergency stay of the Tazewell order, hoping to allow state officials to certify the election results.

“Upon consideration whereof, the court denies the motion,” reads the document.

Cline, a Republican and a plaintiff in the lawsuit, celebrated the decision on social media.

“We’ve got big news: the Supreme Court of Virginia denied the Democrats’ request to allow certification of the referendum while our court cases are pending,” wrote Cline. “It’s not total victory yet, but it’s a big first step to striking down this unconstitutional referendum.”

According to Cardinal News, if the Supreme Court of Virginia upholds the lower court decision, the recent redistricting election results would be thrown out and the maps established after the 2020 census would remain in place. Augusta County, previously located entirely within the sixth district, would be split up into the sixth, seventh and ninth districts if the new districts are upheld.

The original lawsuit filings in Tazewell County Circuit Court argues constitutional amendments can be considered only after the General Assembly approves the amendment twice, “with an intervening election in between.”

The Constitution of Virginia, Article XII, Section 1. Amendments explains “any amendment or amendments to this Constitution may be proposed in the Senate or House of Delegates, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, the name of each member and how he voted to be recorded, and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates.”

The first bill was approved by the House of Delegates on Oct. 29 and the Senate on Oct. 31. The lawsuit argues the bill cannot count the first passage of the constitutional amendment because “it was passed after hundreds of thousands of Virginians had already voted in the 2025 general election,” such as the 11,085 early votes in Augusta County.

“This court has already ruled that ‘there has not been an ensuring general election of the House of Delegates’ after [the first bill’s] passage and that ‘such ensuing general election cannot occur until 2027,” reads the complaint, referring to a January ruling out of the Tazewell court.

The lawsuit also argues the election is invalid because it is required by the same section of the constitution to be scheduled at least 90 days after the second bill is passed. The second bill was passed on Jan. 16. While the April 21 election is beyond this 90-day threshold, early voting was not.

In addition to Cline, plaintiffs include Ninth District Rep. Morgan Griffith, the Republican National Committee and the National Republican Congressional Committee.

The parties are suing Virginia Department of Elections Commissioner Steven Koski, Chairman of the Virginia State Board of Elections John O’Bannon, other members of the state board of elections and several election officials in Tazewell County, including General Registrar Brian Earls.

Cline wasn’t the only representative celebrating. Several state-level officials also posted on social media to talk about the order.

“This isn’t over yet!” wrote Senator Chris Head. “Supreme Court of Virginia declines to remove stay on election results placed by Tazewell Judge.”

Reporting by Lyra Bordelon, Staunton News Leader