Virginia Tests the Limits of Mid-Decade Redistricting
By Justin Riemer, President, USGI, and Marshal Trigg, Junior Counsel, USGI
On Tuesday, Virginia voters will answer a seemingly innocuous question that carries enormous consequences for the balance of power in Congress: Should the General Assembly be allowed to temporarily redraw the state’s congressional districts to “restore fairness in upcoming elections”?
In 2020, Virginia voters overwhelmingly approved a state constitutional amendment creating a bipartisan redistricting commission, thus explicitly taking mapmaking out of the legislature’s hands. To undo that arrangement, even temporarily, Democrats needed to amend the constitution again and do so in time for this year’s midterms. Virginia’s amendment process requires passage of the amendment in two consecutive legislative sessions with a general election in between, followed by a public referendum. Virginia threaded that needle at breakneck speed, passing the amendment in October 2025 and again in January 2026, then scheduling the April 21 special election. Newly-sworn in Governor Spanberger signed the proposed map—which will likely move the state from a 6-to-5 to 10-to-1 Democratic configuration—into law on February 20, contingent on voter approval.
What followed was a legal ping-pong match without recent precedent in Virginia: multiple lawsuits, a lower court blocking the referendum twice and on different grounds, the state Supreme Court staying those rulings twice, and contradictory orders that left local officials confused enough that Lynchburg had to sue for clarification.
In short, Republicans argue principally that Democrats had improperly shoehorned the amendment into a special session originally convened to address the state budget and failed to pass the amendment “before” the intervening general election as required since over a million Virginians had already cast early ballots by the time of the first legislative vote. Indeed, the principle behind the intervening-election requirement is that voters should be able to weigh the candidate’s vote on an amendment when deciding whether to vote for that candidate. Republican challengers have additionally argued that the ballot language about “restoring fairness” is misleading, or that the amendment could never properly be enacted at all, given state constitutional constraints on mid-decade districting and compactness requirements. Defendants counter that courts lack the power to enforce internal legislative procedure, that the intervening-election requirement refers to Election Day itself, and dismisses the ballot language issue as mere “disagreements over wording.”
Here’s where it stands today. The vote is well-underway (early voting began March 6 and runs through April 18, with Election Day on April 21), but the Supreme Court of Virginia has not ruled on whether the amendment is valid. A Richmond circuit court will hear arguments on a Republican challenge on April 20, the day before the election. Meanwhile, final briefs in the main case before the Supreme Court are due April 23, two days after the election.
Obviously a “no” vote will put the matter to rest and likely moot the litigations. And if the courts ultimately invalidate the amendment, a “yes” vote becomes a nullity. If neither occurs, then the new map takes effect for November, potentially flipping four congressional seats.
Despite a barrage of litigation, thus far, courts have not intervened to stop states’ mid-decade redistricting, although pending challenges remain in Missouri, and will undoubtedly be brought in Florida assuming it enacts new lines. If voters vote “yes” on April 21, it’s entirely conceivable that the Supreme Court of Virginia’s decision could determine which party will control the House of Representatives after November’s election.
Alabama
Governor Ivey signed the Alabama Post-Election Audit Actinto law. This law will require every county to conduct a post-election audit in one countywide and one statewide race in one precinct after every general election.
Arizona
The state is implementing a new ID verification process for voters who are returning mail-in ballots in person. Rather than relying solely on signature verification, voters may present identification to confirm their identity at drop-off. The change is intended to streamline ballot processing and reduce delays in post-election counting.
An audit of the 2024 presidential election in Arizona identified 28 ballots as potentially unlawful. In 25 of those, individuals voted in Arizona and then cast a second ballot in another state for the same election. One ballot was attributed to a deceased individual.
Colorado
The State Court of Appeals vacated the nine-year sentence of former elections clerk Tina Peters after it determined that the sentence was wrongly based on Peters’ exercise of her First Amendment right to speech. Peters was convicted of four felony and three misdemeanor crimes after she brought an unauthorized individual into a secure area to examine the voting equipment. She will be resentenced by a district court judge.
Georgia
Georgia election boards are facing uncertainty as a state law banning the use of QR codes on ballots approaches its July deadline, with officials across all 159 counties awaiting guidance on how to comply.
Mississippi
Governor Reeves signed the SHIELD Act into law. This law will require county registrars to check an applicant’s information through the federal government’s SAVE program unless it is available through the state driver’s license identification system. This law is slated to take effect on July 1.
Nebraska
Governor Pillen has signed a bill that would ban foreign funding of ballot issue campaigns in the state.
Nevada
The Washoe County Registrar released results from its last 16 months of voter list maintenance, reporting over 75,000 confirmation notices sent and over 55,000 voters moved to inactive status.
New Hampshire
Governor Ayotte signed a bill eliminating the use of high school and college IDs for voting. Under the new law, voters must present a qualifying form of ID, such as a driver’s license from any state, a non-driver ID, a U.S. military ID, or a U.S. passport, to verify their identity.
New Jersey
A state court invalidated a ballot cast by a voter who had moved to Chicago but continued voting in a local New Jersey election, ultimately affecting the outcome of a closely contested municipal race. Although such violations are typically referred to law enforcement and election officials, the court declined to do so here.
Governor Sherrill signed a new bill into law that will allow early voting in May municipal non-partisan elections.
A state court dismissed long-running voter fraud charges against Paterson Councilman Alex Mendez, ending a six-year prosecution stemming from alleged mail-in ballot fraud in the 2020 municipal election. The Attorney General’s Office stated it disagrees with the decision and is evaluating options.
New York
Restoring Integrity and Trust in Elections (RITE) and Rep. Claudia Tenney have requested comprehensive records and data from the New York State Board of Elections (NYSBOE) in order to identify shortcomings in the state’s voter registration system. This recent letter comes after the NYSBOE failed to respond to RITE’s November 2025 letter identifying violations of the Help America Vote Act (HAVA). RITE and Rep. Tenney say they are prepared to enforce compliance in federal court if NYSBOE does not respond by the May 7 deadline for production.
Texas
At least three counties received administrative subpoenas from the U.S. Department of Homeland Security for the voter files seeking detailed voter records for specific individuals. The subpoenas follow Texas’s earlier decision to provide voter roll information to the U.S. Department of Justice.
Utah
Ballotpedia published a post-session roundup of Utah’s 2026 legislative activity, highlighting the enactment of 14 election-related bills signed into law before the legislature adjourned in March. The summary spotlights HB 209, which requires documentary proof of citizenship for voter registration in state and local elections while permitting federal-only voting for applicants who do not provide such documentation. It also notes a mandated review of existing voter rolls using state and federal data to identify potential noncitizens.
Lt. Governor Henderson notified more than 300,000 Utah voters that their voter registration records will soon become public. The notices follow enactment of Senate Bill 153, which revises the privacy classification of voter registration records. Beginning May 25, these records—including names, addresses, party affiliation, and precinct information—will be available upon request, while personal identifying information will remain protected.
Virginia
Governor Spanberger signed a bill adding the state to the National Popular Vote Interstate Compact, a multistate agreement to award presidential electors to the winner of the national popular vote rather than the Electoral College outcome. With Virginia’s addition, the compact now includes states representing 222 electoral votes, still short of the 270 needed for it to take effect.
West Virginia
Governor Morrisey signed a bill tightening voter residency requirements, requiring individuals registering to vote to demonstrate that they intend to remain in the state “indefinitely.”
Wisconsin
Governor Evers signed a bill aligning its presidential election certification timeline with federal deadlines. The change brings state law into conformity with the Electoral Count Reform Act, adopted after the 2020 election to reduce opportunities for post-election disruption. At the same time, Governor Evers vetoed a separate Republican-backed bill that would have required the state elections commission to adjudicate complaints against itself under the Help America Vote Act, and mandated audits aimed at identifying potential noncitizen voters.
Wausau’s mayor will not face criminal charges for removing an absentee ballot drop box from outside city hall in September 2024, a special prosecutor announced last week.
The Milwaukee Election Commission reported that 269 absentee ballots were delivered the morning after the April 7 election, rendering them ineligible to be counted under Wisconsin law, which requires ballots to be received by Election Day.
Election officials in Madison and Dane Counties counted 23 late-arriving ballots in the recent Wisconsin Supreme Court race, despite objections from Republican officials who argued the ballots should be rejected under state law. The ballots were received after polls closed at 8:00 p.m. on Election Day.
Wyoming
Weston County Clerk Becky Hadlock was arrested after a special prosecutor filed two additional felony charges related to her conduct surrounding the 2024 General Election. The charges include one count of violating the election code as an official and one count of falsifying election documents, each punishable by up to five years in prison. These new charges represent a third legal case against Hadlock, who already faced a misdemeanor charge for defying a legislative subpoena and a separate proceeding seeking her removal from office for misconduct and malfeasance.
Kansas
Procedural Audits
Hearing: May 12, 2026
Comment deadline: May 4, 2026
The authorizing statute, K.S.A. 25-3010, requires a regulation “enumerating the specific records and procedures to be examined” as part of the procedural audit conducted in four counties every odd year. K.A.R. 7-47-2 lists the items that will be inspected during the procedural audit in each county election office. There are no economic costs to private businesses and only de minimis costs incurred every odd year by state government and four county governments.
Oregon
Voting System Certification Process Update
Hearing: May 15, 2026
Comment deadline: May 22, 2026
This rule updates Oregon’s process for certifying voting systems. It allows systems to be certified through federal approval or testing by a federally accredited lab. Applicants must submit required forms and test documentation, and when applicable, an Oregon specific requirements matrix. The Secretary of State, in consultation with the Oregon Association of County Clerks’ Equipment Certification Committee, reviews the application and may approve, conditionally approve, or deny certification. All associated costs are paid by the applicant, certification documents are posted publicly, and any system modifications must be reported and may require further testing.
Wyoming
Proof of Identification, Proof of Residence, and Proof of Citizenship for Voter Registration
Comment Deadline: May 9, 2026
The proposed rules amend Chapter 2, Section 8, concerning documents allowed as accepable documentation for durational residency upon a challenge, reflecting 2026 Senate Enrolled Act No. 5’s amendments to W.S. 22-1-102(a)(xxvi).
Executive Order Challenges
Several Democratic organizations and officials, joined by a coalition of activist groups, have filed legal challenges to President Trump’s recent executive order on mail voting.
District of Columbia
Democracy Forward Foundation v. EAC, No. 26-cv-1271 (D.D.C.)
On April 15, an advocacy group sued the U.S. Election Assistance Commission (EAC) in federal court, alleging the agency unlawfully withheld records of communications between EAC commissioners and various outside groups and individuals.
Georgia
Fulton Cnty. Republican Party v. Fulton Cnty. Bd. of Comm’rs, No. 25CV008083 (Ga. Super. Ct., Fulton Cnty.)
On April 9, the Georgia Republican Party asked the state Supreme Court to intervene in an ongoing dispute over appointments to the Fulton County Election Board, seeking reversal of a lower court ruling that allowed county officials to reject the party’s nominees.
Indiana
Count Us In v. Morales, No. 1:25-cv-00864 (S.D. Ind.)
On April 14, a federal court blocked enforcement of Indiana’s ban on using student IDs for voting, granting a preliminary injunction against the 2025 law ahead of upcoming elections.
Louisiana
Louisiana v. EAC, No. 3:26-cv-01191 (W.D. La.)
On April 14, Louisiana filed suit in federal court against the EAC, challenging the agency’s refusal to allow the state to add proof-of-citizenship requirements to the federal voter registration form.
Maine
Opinion of the Justices, 2026 ME 32 (Me. 2026)
On April 6, the Maine Supreme Judicial Court concluded in a unanimous advisory opinion that a proposed expansion of ranked-choice voting to gubernatorial and state legislative elections would violate the state constitution, reaffirming longstanding limits on the system’s use.
Maryland
Dove v. Simmons, No. 63 (Md. 2026)
On April, 13, the state Supreme Court affirmed a lower court ruling that removed a House of Delegates candidate from the ballot based on residency issues.
Massachusetts
U.S. v. Galvin, No. 25-13816 (D. Mass.)
On April 9, a federal district court dismissed a U.S. Department of Justice lawsuit seeking Massachusetts’ full voter file.
North Carolina
N.C. Republican Party v. N.C. State Bd. of Elections, No. 24CV026810 (N.C. Super. Ct., Wake Cnty.)
On April 7, the parties to this lawsuit submitted a proposed consent judgment to the state trial court. The agreement would require election officials to use jury questionnaires to identify registered voters who are not U.S. citizens. The agreement would also make those records publicly accessible, subject to redactions required by law.
Ohio
Ronan v. LaRose, No. 2:26-cv-343 (S.D. Ohio)
On April 9, the U.S. Supreme Court declined to block state officials from removing a candidate from a primary election ballot. According to Secretary of State LaRose, the candidate “advocate[d] for [a] strategy of running Democrats as Republicans in deeply red districts.”
Virginia
Republican Nat’l Comm. v. Va. State Bd. of Elections, No. CL26-2003 (Va. Cir. Ct., City of Richmond)
On April 6, Restoring Integrity and Trust in Elections PAC (RITE PAC), joined by the Republican National Committee and a concerned voter, sued the Virginia State Board of Elections and several state and local election officials in state court. The lawsuit challenges a state law that allows U.S. citizens born abroad to vote in Virginia elections based solely on their parent’s registration in the state.
McDougle v. Nardo, No. CL25-1582-00 (Va. Cir. Ct., Tazwell Cnty.)
On April 13, RITE filed an amicus brief in the Supreme Court of Virginia in Scott v. McDougle, urging the court to affirm a lower court ruling enforcing the state constitution’s “intervening election requirement” for constitutional amendments.
Wisconsin
United Wisconsin v. Wisconsin Elections Comm’n, No. 2025CV1438 (Wis. Cir. Ct., Dane Cnty.)
On April 10, plaintiffs moved for summary judgment asking a state court to declare the long-standing ban on fusion voting unconstitutional. Plaintiffs argue the ban restricts the rights to a “free government,” equal protection, and freedom of speech.
The House Committee on Administration will hold a full committee today (April 16) at 10:15 a.m. titled “Oversight with Secretaries of State: List Maintenance and Eligibility Verification”.
The U.S. Postal Service’s union has launched a national TV ad campaign promoting mail voting.
A federal investigation by the Department of Education into a widely used college voter data program has disrupted efforts to track student voter registration and turnout. Federal officials have framed the inquiry as a review of potential violations of student data privacy laws.
On April 8, the U.S. Election Assistance Commission published a Federal Register notice identifying a slate of federally certified voting systems as “no longer supported and used” under its End-of-Life (EOL) Certification Review and Rescission Policy.
John J. Martin explains why states have often been reluctant to coordinate with the Trump administration’s requests for voter data.
This analysis conducted by the University of Maryland’s Center for Democracy and Civic Engagement examines which California citizens lack the identification and documentation required under proposed voter ID and documentary proof of citizenship (DPOC) policies. The analysis additionally explores voter knowledge of existing requirements in California.
This study from the Journal of Politics examines a natural experiment in Los Angeles County’s March 2020 primary, where only certain legislative districts implemented universal vote-by-mail. Using difference-in-differences and geographic boundary-based methods applied to individual-level data, the authors isolate the causal effects of the policy. The results indicate that voter turnout increased by 3 to 4 percentage points for voters who do not automatically receive a mail ballot, and the increase is generally larger for registered partisan voters than those without a party affiliation.
A study from the Journal of Empirical Legal Studies examines how vote curing policies affect whether deficient mail ballots are successfully cured and ultimately counted, using Pennsylvania’s 2024 general election as a case study.
On April 2, the MIT Election Data and Science Lab announced the recipients of a new round of grants supporting “practice-oriented” research focused on voter registration systems and voter list maintenance. The initiative will fund 10 projects pairing academic researchers with election officials to generate actionable insights into how registration systems function and how voter rolls are maintained.
The Grant Institute has potential openings for junior level attorneys and others interested in the study of election administration and voting issues. Interested candidates should please email their resume to info@grantdemocracy.org.