American Watcher Institute

RNC v. Koski

Republican National Committee v. Steven Koski

Civil — State·On appeal·Tazewell County Circuit Court·Docket: CL26-266·Filed February 18, 2026
Redistricting

What this case is about

The RNC, alongside the NRCC and two GOP congressmen, sued Steven Koski (a high-ranking official at the Virginia Department of Elections) to stop the state from certifying and implementing the constitutional amendment that allows Democrats to redraw the state’s congressional map mid-decade.

The RNC’s legal team presented a "four-pronged" attack against the amendment:

  • The "Two-Session" Rule: This is the most significant constitutional claim. The RNC argues that Article XII, Section 1 requires a constitutional amendment to be passed by two separately elected General Assemblies. They claim Democrats "short-circuited" this by passing it twice within a single legislative term without an intervening election.
  • The "90-Day" Rule: Under Virginia law, there is a mandated 90-day waiting period between the final passage of an amendment and the start of voting. Because early voting for the special election began on March 6, the RNC argues the state missed the deadline by several weeks.
  • "Misleading" Ballot Language: The RNC claims the question posed to voters—which asked if they wanted to "restore fairness" to redistricting—was a partisan "Trojan Horse" that failed to tell voters it would actually abolish the nonpartisan commission.
  • Single-Subject Violation: They argue the legislation included multiple distinct legal changes, violating the state's "single subject" rule for bill titles.

Why it matters

This case is the "ground zero" of a national redistricting war.

  • The Stakes: If the amendment stands, Virginia is projected to shift from a 6–5 Democratic edge to a 10–1 advantage.
  • The National Context: Democrats are using this map to offset Republican redistricting gains in states like Texas, North Carolina, and Missouri. The GOP views this lawsuit as their last line of defense to prevent a "Democratic gerrymander" that could decide control of the U.S. House in the 2026 midterms.

Timeline

  1. February 18, 2026

    Lawsuit Filed

    RNC sues in Tazewell County Circuit Court.

  2. February 19, 2026

    The First Block

    Judge Hurley grants a Temporary Restraining Order (TRO), halting the election.

  3. March 4, 2026

    The Supreme Court Pause

    VA Supreme Court stays the TRO, allowing early voting to begin on Mar 6.

  4. April 21, 2026

    The Referendum

    Voters narrowly approve the amendment (51.5% to 48.5%).

  5. April 22, 2026

    The Final Judgment

    Judge Hurley declares the process unconstitutional and voids the referendum results.

  6. April 24, 2026

    Appeal Accepted

    VA Supreme Court agrees to hear the emergency appeal of Hurley's final ruling.

  7. April 27, 2026

    The Final Hearing

    The Court hears arguments for Koski and McDougle combined.

Documents

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