The Daily Signal Virginia Redistricting in Court: Judge Rules Democrats Broke the Law on Constitutional Amendment Push | Ken Cuccinelli
Jan 31, 2026
Ken Cuccinelli, former Virginia attorney general and election-law commentator, breaks down a court ruling that halted a redistricting amendment push. He outlines three perceived legal flaws: notice timing, special-session limits, and election timing. He also discusses the likely appeals path and uncertainty at the Virginia Supreme Court.
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Three Legal Grounds Underpin The Ruling
- The judge ruled on three independent legal grounds to block the amendment process used by Democrats in Virginia.
- Ken Cuccinelli expects the Virginia Supreme Court may uphold at least some of those grounds on appeal.
What Counts As An Election Matters
- One contested issue is whether an election counts as 'during' or only on Election Day, affecting notice requirements.
- Cuccinelli argues federal precedent treats an election as the whole voting period, not just the final tabulation day.
Prepare For A Time-Sensitive Appeal
- Expect appeals and strategic timing to shape final outcomes; litigants should prepare for Supreme Court review.
- Cuccinelli warns the issue is time-sensitive and may require focused appellate strategy.