Virginia Court Decisions Block Democrat Mid-Decade Redistricting Amendment, and Restore Rights to Some Citizens Convicted of Felonies



We have two stories from Virginia today.  An effort by Democrats to gerrymander more Congressional seats was blocked by a county court January 27th, and a federal judge found the commonwealth’s felon disenfranchisement amendment violated a 150-year-old federal law. 

Virginia is one of the latest states to consider mid-decade redistricting in response to actions by red state legislatures to gerrymander more GOP congressional seats.  Virginia’s Democratic-majority legislature passed a constitutional amendment ballot measure to authorize mid-decade redistricting and flip four GOP-held seats to Democrat in response.  

The Virginia Mercury reports that January 27th a county judge struck down the proposed amendment as a legally-invalid procedure which didn’t follow established legislative rules.  The decision likely upends the anticipated April 21 referendum election schedule, but it’s also likely to be appealed. 

Courthouse News Service reports that January 22nd, a federal district judge, citing a 150-year-old federal law, sided with two returning citizens convicted of certain felonies to have their rights restored without requiring the governor’s action.  The judge found that when the commonwealth constitutionally expanded the felony disenfranchisement criteria to include ALL felonies, it violated the narrower criteria in the federal 1870 Virginia Readmission Act.  The decision could restore voting rights to thousands, many of whom were convicted of drug offenses.  

We’ve linked to more at AmericanDemocracyMinute.org.  I’m Brian Beihl. 

Today’s Links

Articles & Resources:
American Democracy Minute – Redistricting Updates: CA GOP Appeals Prop 50 Maps to SCOTUS, VA Dems Push Constitutional Amendment, NH’s Bill Doomed, MD Stalemated
Virginia Mercury – Virginia court strikes down redistricting amendment headed for April ballot
Tazewell, VA Circuit Court (via Virginia Mercury)  – Decision Blocking VA Democrats Proposed Amendment

American Democracy Minute – (2023) Virginia’s Governor Ended Automatic Voting Rights Restoration for 12,000 Returning Felons this Year.  A State Error Almost Disenfranchised 3,400 More.
American Democracy Minute – (2025) VA Legislature Sends Several Pro-Voter Bills to Gov. Youngkin, and a Constitutional Amendment Restoring Returning Citizen Rights to Voters
Courthouse News Service – Judge says Virginia violated Reconstruction Era law by disenfranchising certain felons
U.S. District Court for Eastern District of Virginia – Opinion in Felony Disenfranchisement Case
Encyclopedia Virginia – An Act to admit the State of Virginia to Representation in the Congress of the United States (January 26, 1870) 
State of Virginia – Current Rights Restoration Rules

Groups Taking Action:

 ACLU VA, Collateral Consequences Resource Center

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – How to Register And Vote in Your State


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