Plaintiff: Sen. Ryan McDougle, et al.
Defendant: G. Paul Nardo, Clerk of the Virginia House of Delegates, et al.
Court: Supreme Court of Virginia (on appeal from Tazewell County Circuit Court)

About the Case:

This case challenges the constitutionality of the General Assembly’s process for placing the redistricting amendment on the ballot. Plaintiffs argue that the legislature improperly expanded the scope of a special session and failed to meet the constitutional requirement for a valid second passage of a constitutional amendment.

A Tazewell County judge initially ruled that the legislative process was invalid, finding that the vote occurred outside the proper procedural framework and did not satisfy constitutional requirements.

Where the Case Stands Today:

The case is currently before the Virginia Supreme Court, which previously allowed the referendum to proceed while reserving judgment on the legality of the process.

As of late April 2026:

• The Court has heard or is preparing to hear arguments

• It has also blocked certification of the referendum results until the legal issues are resolved

This is widely considered the primary case that will determine the validity of the amendment.

• View case tracking and filings

• Virginia Supreme Court oral argument docket

NOTE: May 1, 2026: The Virginia Board of elections passed by certifying the ballot referendum results until this case is decided. The Board is not tied to a strict date because of this case.

NOTE: May 8, 2026: The Virginia Supreme Court ruled the “legislative process employed to advance this proposal violated Article XII, Section 1 of the Constitution of Virginia. This constitutional violation incurably taints the resulting referendum vote and nullifies its legal efficacy.” ie: The entire process was illegal and the vote nullified and the current maps will remain the governing maps for the upcoming 2026 election.

NOTE: May 11, 2026: Commonwealth Attorney, Jay Jones, files an Emergency Application for a Stay on the Virginia Supreme Court Ruling. View the report

NOTE: May 15, 2026: The US Supreme Court, after requesting briefs from both sides of the case, came back with a one word ruling for the Democrats: Denied. Their desire to have the US Supreme Court overturn a State Supreme Court ruling on a question of their State Constitution was frivolous, unconstitutional and doomed to fail.