Virginia Republicans file lawsuit to block Democrats’ special redistricting session

TAZEWELL COUNTY, Va. (WRIC) -- Republican members of Virginia's bipartisan redistricting commission filed a civil lawsuit on Tuesday, attempting to block a special legislative session called by Democrats to advance redistricting efforts ahead of the 2026 midterm elections.

On Tuesday, Oct. 28, Senate Minority Leader Ryan McDougle (R-Hanover), Sen. Bill Stanley (R-Franklin County) and House Minority Leader Terry Kilgore (R-Scott) filed the lawsuit in Tazewell County Circuit Court, asking for an emergency temporary restraining order to halt the special session.

"The Virginia House of Delegates has no constitutional authority to propose a plan to redraw or reapportion districts for the United States House of Representatives," the civil complaint reads.

McDougle, Stanley and Kilgore filed their lawsuit against House Clerk Paul Nardo, Senate Clerk Susan Clarke Schaar and Deputy Chief Senate Clerk Tara Perkinson, as well as Tazewell Circuit Court Clerk Charity Hurst.

Earlier this week, the House of Delegates agreed to alter the scope of the current special session, allowing the chamber to take up redistricting.

The plaintiffs' lawsuit calls for the court to block legislative clerks from allowing Democrats to introduce a redistricting constitutional amendment during the session. Earlier this week, Democrats argued that Republican-led efforts to gerrymander states across the nation have forced them to consider redrawing Virginia’s congressional maps ahead of next year's midterm elections.

"If the Speaker of the House could expand matters treated at a special session to cover any subject he wished, it would obliterate the Constitution's distinction between regular sessions and special sessions of the General Assembly," the lawsuit reads.

According to the filing, Scott and other Democratic lawmakers planned to propose a constitutional amendment that would "strip the Virginia Redistricting Commission of its constitutional authority."

During the session on Wednesday, delegates did not vote to remove the bipartisan redistricting commission's ability to redraw districts every 10 years. They did, however, vote in favor of allowing lawmakers to redraw maps as well, at mid-decade intervals through 2030.

"The commission continues on, there’s a decennial process for that, so we will absolutely stick to that, that’s what’s in the constitution," said Delegate Rodney Willett (D-Henrico) on Tuesday. "This is to create again, not a mandate, but an option in the interim, in between the decennial redistricting to do something when there’s an extraordinary circumstance."

A hearing was scheduled for the morning of Wednesday, Oct. 29, in Tazewell Circuit Court, but the details of the hearing have not been shared on online court records as of the time of reporting.