GOP-led counties push back against Democrats' redistricting charge, testing Virginia’s constitutional limits
Virginia counties and several independent cities are pushing back against an April special election that could reshape nearly every Republican-held congressional district in the state before voters next head to the polls.
If approved, the referendum would trigger a mid-cycle redrawing of the state’s congressional map, potentially altering the balance of power in Virginia’s U.S. House delegation. If rejected, the existing map would remain in place and ongoing legal challenges surrounding the measure could be rendered moot.
In Patrick County — named for "Give me liberty or give me death," Gov. Patrick Henry — local officials have mounted an early formal challenge to the vote, backed by lawmakers and attorneys from across the state. The county passed a resolution delaying early voting until just days before the April 21 election, as the redistricting amendment continues to be tested in court in Tazewell County.
Patrick County and others argue that the Virginia Constitution requires at least 90 days to pass before early voting can begin on a ballot measure. They claim Democrats improperly used a 2024 special legislative session — which was never formally closed — to fast-track the redistricting amendment onto the November ballot.
Following Patrick’s lead, officials in Campbell, Charlotte, Spotsylvania, Prince George, Scott, Washington, Floyd and Roanoke counties, along with the independent city of Lynchburg, are considering, pursuing or voting on similar measures, according to Del. Wren Williams, who is also an attorney and who told Fox News Digital he is both politically and legally laser-focused on the situation.
Williams, who represents Patrick, Floyd and Carroll counties and the independent city of Galax in Virginia’s deep-red, mountainous southwest, said that from an apolitical perspective, the resolutions boil down to fiscal responsibility.
"Who would vote against ‘restoring fairness’? That is where I think [Democrats] have overstepped and overplayed their hand. When I was a young attorney, an older attorney told me one time, pigs get fat and hogs get slaughtered," he said in an exclusive interview.
Patrick County will spend about $15,000 to hold a special election, and the ongoing legal uncertainty and political gamesmanship over the issue in Richmond do not create a stable environment for municipalities to expend such resources, he said.
Tazewell County Judge Jack Hurley Jr. ruled in favor of Senate Minority Leader Ryan McDougle, R-Hanover, in the GOP’s procedural challenge, declaring the redistricting amendment "void ab initio," or invalid from the start.
The commonwealth appealed, and the Virginia Supreme Court ruled the referendum could stand while it reviews the case. Separately, the RNC has sued the Virginia Department of Elections again via Tazewell, and Hurley again blocked the election on grounds that Virginia Democrats’ ballot question language of "[vote yes to] restore fairness" is misleading.
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Senate President L. Louise Lucas, D-Portsmouth, has repeatedly claimed the referendum’s mantle, responding in often profane ways to critics, including Sen. Ted Cruz, R-Texas, who took issue with the 10-1 Democratic bent of the new map.
"You all started it and we f[---]ing finished it," Lucas said in response to Cruz calling it an abuse of power and affront to democracy.
Williams said that from both a fiscal and legal perspective, with all of the above going on, counties like his own are in the right.
The effort was publicly backed by Virginia Beach attorney Tim Anderson, a former state legislator, until the state Supreme Court threw a legal wrench in the works late last week.
Anderson has posted numerous video comments and documents on his social media, including a draft resolution for counties to use.
Rockingham County, which surrounds Harrisonburg, put forward a similarly crafted resolution last week wherein officials stated, "congressional redistricting has significant consequences for the ability of communities to elect representatives who understand and are familiar with their values, priorities and regional needs."
However, after a Lynchburg judge reportedly ruled he could not intervene in the election process because the gears were already in motion, Anderson, who represented Lynchburg officials, told the Virginia Cardinal News he is not appealing and has pivoted to suggesting all critical counties move forward with the election.
In a video message on Thursday, Anderson warned that given the new ruling, all counties must now follow the Supreme Court.
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"If you are a local official... in a jurisdiction that entered a resolution that said you're not going to do the elections, you need to reverse immediately. The Virginia Supreme Court has made its decision, you are bound by it," he said.
"Go early vote. There's nothing else to do other than to vote. If we lose, there are a ton of legal arguments that can be made [then]," Anderson added, further suggesting he will again be a part of any postmortem arguments.
Over just a few days, yards signs pleading with fellow Virginians to vote "NO" have cropped up all around, in places like Amherst, Stephenson, Buena Vista and beyond.
Rep. Ben Cline, R-Va., whose district runs from the West Virginia line at Roanoke to Botetourt County north of Roanoke, echoed those proponents’ concerns in comments to Fox News Digital.
Cline said his current district would be split into five pieces, many of which would originate in culturally disparate Arlington, saying it strips the singular voice in Washington from Virginia’s top agricultural region.
Another wrinkle was thrown in Wednesday when the Virginia Supreme Court stayed Hurley’s ruling regarding the election moving forward and said it will allow it to proceed while making clear it is not issuing a ruling on the merits of the case, which it maintains will come a few days after the election, according to the Virginia Scope.
"It is the process, not the outcome, of this effort that we may ultimately have to address. Issuing an injunction to keep Virginians from the polls is not the proper way to make this decision," the court ruled, according to the Scope.
As early voting began Friday, Virginia Attorney General Jay Jones issued a legal opinion opposing the counties’ efforts.
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"Local governing bodies cannot use their own independent constitutional interpretations to justify interfering with state-mandated elections," Jones said, according to the Staunton News-Leader.
Jones claimed the counties don’t have any authority to prevent "election officials from performing their statutory duties," alleging state supremacy and arguing that any disruptive resolutions would have "no legal effect."
Prior to Jones’ opinion, Williams told Fox News Digital he understands the "lawfare" at play, saying he's worked with election-law suits in the past and spoke of a "catch-me-if-you-can" dynamic of courts denying or delaying decisions until the situation is mooted so that they don't actually have to issue a final ruling.
"If [the redistricting amendment] passes, they're going to say, ‘the majority has spoken.’ And so that is my concern..." he said.
Looking ahead, Williams noted many of the critical counties are holding their next board meetings in the coming days, and suggested the fight may not be over just yet.
A Republican source told Fox News Digital that Democrats "bet the farm" on the redistricting amendment and that "if it fails on the notice requirement, so do their other three amendments," including the map redraw.