CHARLOTTESVILLE, VA (CVILLE RIGHT NOW) – Legal analysts are split on whether Democrats will be able to win an appeal of a lower court ruling that would keep their proposed redistricting amendment from being voted on in time to impact the 2026 elections.

Tazewell County Court Judge Jack Hurley, Jr’s decision ruled Democratic lawmakers in the General Assembly failed to follow their own rules for adding the redistricting amendment to a special session. His order also said Democrats failed to approve the amendment before the public began voting in last year’s general election and failed to publish the amendment three months before the election, as required by law.

The General Assembly initially passed the amendment – which would allow the General Assembly to redraw voting maps, on a temporary basis, for the upcoming mid-term elections, in response to similar Republican efforts in Texas and others states. That passage came during an October special session, but early voting had already begun in September.

As a result, Hurley ruled the amendment was invalid and void.

“There’s no doubt in my mind that the judge is absolutely correct on the law and that this referendum, these amendments of the Constitution, this redrawing of the lines, will not happen in Virginia in time for the ’26 elections,” said Charlottesville Attorney Scott Goodman during an appearance on WINA Morning News. “… It’s clear in the law the legislature cannot do this the way they did it, they just can’t do it,” Goodman said. “They have to have a vote before one House election, and then a vote after the other election, and they didn’t do it, they jumped the gun.”

Charlottesville attorney and former January 6 House Select Commission Chief Legal Counsel Tim Heaphy disagreed, saying the laws don’t “contemplate changes in technology.”

“When the Virginia legislature years ago said in order to change the Constitution, the General Assembly has to vote before an election and after, Election Day was one day,” Heaphy argued. “We didn’t have early voting, we didn’t have mail-in voting, we didn’t have electronic machines to record votes. Technology has evolved.”

Heaphy said House Speaker Don Scott and House Clerk Paul Nardo, defendants in the case Senator Ryan McDougle brought against the amendment, have already filed an appeal with the Virginia Court of Appeals.

He said they are looking for a stay of Hurley’s ruling, which would be enough to put the amendment on the April ballot, in time to alter the maps for the November eleections.

“I have full confidence we’re going to win,” Albemarle County 55th District Delegate Amy Laufer told WINA Morning News. “It’s very important that we allow Virginians to decide what is happening on the national level.”

She said, “This is an opportunity to put a redistricting amendment to the voters in a referendum, and the voters whether we go forward with this or not,” Laufer said.