On October 28, 2025, a lawsuit was filed in
Tazewell County Circuit Court against the House and Senate clerks, seeking an injunction against the effort. The lawsuit argued that the purpose of the special session was to settle a budget dispute in 2024, and although the session was still technically open, the new bill was outside of the scope of the session, making it invalid. Delegate
Terry Kilgore, state Senators
Bill Stanley and
Ryan McDougle, and a citizen member of the commonwealth's
bipartisan redistricting commission were named as plaintiffs. The lawsuit was initially delayed, as the case's judge, Jack Hurley Jr., declined to intervene in legislative proceedings until the General Assembly had passed the amendment, resulting in Republican plaintiffs temporarily dropping the case. Judge Hurley ran for the Virginia House of Delegates in 1999 as a Republican. Following the General Assembly's re-passage of the amendment to the ballot in January 2026, the case was expanded to request a ruling on all of the following: • Whether or not the General Assembly was able to pass a constitutional amendment during a special session not called to consider it; • Whether or not the General Assembly had violated a statutory mandate which requires it to post any proposed constitutional amendment at circuit clerk offices for public inspection at least 90 days before the election on which it would be voted on; • Whether or not the General Assembly's first passage had actually met the requirement to pass the amendment both before and after a general election, as early voting had started over a month prior to the first passage. Hurley ordered both parties to submit briefs within 10 days. On January 27, Hurley ruled that the amendment was unlawful, concurring both that the special session did not have the authority to pass such a measure and that the House of Delegates scheduled the election too early to satisfy the postage requirement. Hurley noted that, by the time of the
163rd Virginia General Assembly's first passage of the redistricting amendment, over 1 million Virginians had already voted for the general election, over 33% of total turnout. For this, he agreed on the third and final question posed by the Republican plaintiffs, that being that the amendment did not sufficiently pass scrutiny for having been passed "before the general election." The ruling blocked the amendment from going before voters. Virginia Democratic leaders condemned the decision and announced an intention to appeal the ruling, with
House Speaker Don Scott calling the case an example of “court-shopping, plain and simple." They also pointed out that the postage requirement was removed whenever Virginia adopted their
current constitution, and is only still in effect because of an oversight in the state code. which would repeal the 90-day postage requirement before the election and redirect the appellate process from the Court of Appeals of Virginia to the Circuit Court of the City of Richmond, which denied to block the
163rd General Assembly from passing the same amendment in November 2025. However, the House of Delegates did not take up this bill. On February 18, the
Republican National Committee filed a separate lawsuit, also in Tazewell county, asking for an emergency injunction to halt voting. The next day, February 19, Judge Hurley granted that motion, barring state officials from "administering, preparing for, taking any action to further the procedure of the referendum, or otherwise moving forward with causing an election to be held on the proposed constitutional amendment", citing the phrase "restore fairness" in the ballot language as misleading and unconstitutional. On March 4, the Virginia Supreme Court stayed that ruling, allowing early voting to begin on March 6. Briefs on the lawsuit were due to the Virginia Supreme Court two days after the April 21 election, and oral arguments were held the following Monday. On April 22, Hurley issued a final order of judgment, ruling that the House bill that authorized the referendum was void
ab initio as it violated two resolutions of the General Assembly, portions of the Virginia State Code, and the Constitution of Virginia. Hurley also permanently enjoined the State Board of Elections from certifying the results of the referendum and blocked the State Board from executing any changes that would be required to instate a new congressional map. Attorney General of Virginia
Jay Jones appealed the ruling, however SCOVA declined to enter a stay blocking it from coming into effect. The State Board of Elections was therefore unable to certify the results at its May 1, 2026, meeting. == Contents and amendment ==