Virginia's redistricting referendum violates state constitutional procedures and should be invalidated by courts
Source: "KEN CUCCINELLI: Virginia voted yes — what comes next is a courtroom battle | Fox News." April 23, 2026. www.foxnews.com
The Gist
Cuccinelli argues that even though Virginia voters approved new redistricting rules, the courts should throw out the vote because Democrats broke several state constitutional rules in the process. He believes following proper procedures is more important than the election results.
Conclusion
Virginia's redistricting referendum should be struck down by the Virginia Supreme Court because it violated multiple procedural requirements in the state constitution
Premises
- The first passage occurred during a special session that exceeded its original scope without the required two-thirds vote
- There was no proper 'intervening election' between first and second passage as required by Article XII
- The 90-day waiting period between second passage and voting was not met
- The proposed congressional maps violate Virginia's constitutional requirements for contiguous and compact districts
Assumptions
- Constitutional procedural requirements should be strictly enforced rather than treated as technicalities
- The Virginia Supreme Court will prioritize constitutional compliance over voter approval
- Democratic safeguards in the amendment process serve important purposes that justify invalidating popular votes
- Courts should intervene when legislative bodies circumvent constitutional procedures