Nolte: Virginia Supreme Court Kills Democrat Gerrymander Scheme

Last Updated: May 8, 2026By
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The Virginia Supreme Court just killed the state Democrat Party’s cynical attempt to rig the 2026 midterm election with a blatantly unconstitutional gerrymander scheme.

“On March 6, 2026, the General Assembly of Virginia submitted to Virginia voters a proposed constitutional amendment that authorizes partisan gerrymandering of congressional districts in the Commonwealth,” read the court’s decision. “We hold that the legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia.”

The court added, “This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy.”

This means that Virginia will hold on to its current congressional districts, with six Democrat districts to the Republican Party’s five.

Had Democrat Gov. Abigail Spanberger’s partisan rigging not been reversed, the new map almost certainly would have wiped out four GOP districts, giving Democrats a 10-1 advantage in the 2026 midterms. This is outrageous in a state where President Trump won 46 percent of the vote. According to the state’s Supreme Court, the way it was done was a blatant violation of the state’s constitution.

Specifically, the Court said that Spanberger and Democrats violated a specific constitutional requirement to hold a public referendum on redistricting,…

“To guard against hasty changes to the Commonwealth’s organic law, Article XII, Section 1 also slow-walks the constitutional-amendment process,” wrote the Court. “The General Assembly must twice vote in favor of a proposed amendment at two separate legislative sessions with an intervening election of the House of Delegates.”

The Court added that this requirement gives “voters two opportunities — one indirect, the other direct — to voice their views on the proposed amendment. The first is during the intervening-election period between the two legislative sessions. Voters can support or defeat.”

More:

In this case, voting in the general election for the House of Delegates began on September 19, 2025, and ended on Election Day, November 4, 2025. The General Assembly voted for the first time to propose the constitutional amendment to the electorate on October 31, 2025. By that date, over 1.3 million votes had been cast in the general election, which was approximately 40% of the total vote for that election cycle.

The Commonwealth sees nothing wrong with this sequencing because, under its interpretation, the term “general election” in Article XII, Section 1 only means the last day of the election, November 4, otherwise known as “Election Day.” Because Election Day was four days after the October 31 vote to propose the constitutional amendment to Virginia voters, the Commonwealth concludes that there was an intervening election between the 2024 Special Election.

In order to rig the gerrymander, the state’s Constitution had to be changed. This can only be done via a state referendum. BUT, as the Court points out, before a referendum can be put forth, there must be two votes in the State Assembly and an election in between. The first State Assembly vote to create the referendum was on October 31, when early voting had already started for the November 4th election. Democrats laughably tried to argue that November 4 counted the election between assembly votes, as if the early voting for the November 4 election already taking place during the October 31 State Assembly vote was separate from the November 4th vote.

Here’s how things currently stand in the Great 21026 Gerrymand Wars:

All I can say is, Ha ha.

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