Justices on the Virginia Supreme Court sounded uncertain of whether a recently passed redistricting amendment that could create four more Democratic seats in Congress should be approved.
Republicans fighting the redistricting bid argue Democrats in Virginia’s General Assembly broke procedural rules by failing to give voters ample notice about the new maps and failing to observe deadlines for special sessions. Though voters approved redrawing Virginia’s congressional map 51% to 49% — and after the General Assembly approved the amendment last year and once again in January — Republicans say it should still be void. A district judge put the amendment on hold in February.
On Monday, the Virginia Supreme Court asked a few questions. Justice Wesley Russell appeared most openly dubious about the redrawing and the fairness of early voting and special sessions generally. Russell was particularly concerned about whether early voting harmed people who may have voted for a candidate but later did not support that candidate’s redistricting stance.
But that, according to Virginia’s attorney Matthew Seligman, is “endemic to early voting” and is a risk every voter takes when they cast their ballot early. In Virginia, Seligman said, “every voter has their choice to vote on Election Day.” In this case, Democrats voted for Democratic candidates who supported redistricting, and the amendment was ratified properly until the courts stepped in to stop it.
