Virginia attorney general dodges basic math question on redistricting, calls judge an activist

By 
, April 24, 2026

Virginia Attorney General Jay Jones went on CNN and refused to answer a straightforward question about whether his state's redistricting measure violated the Virginia Constitution's 90-day timing clause. Instead, he dismissed the judge who ruled against the measure as "an activist", and kept talking past the numbers.

The exchange, which aired Thursday on "CNN News Central," laid bare a problem that no amount of political spin can fix: the calendar. The Virginia General Assembly passed the constitutional amendment allowing redistricting in mid-January. Gov. Abigail Spanberger, a Democrat, signed it in early February. Early voting began March 6. That is not 90 days. It is not close to 90 days.

And when CNN co-host Brianna Keilar pressed Jones on that arithmetic, the state's top lawyer declined to engage with it. He pivoted to the Supreme Court, praised his legal team, and expressed confidence that "the will of the people" would be upheld. What he did not do was explain how roughly 50 days satisfies a 90-day constitutional requirement.

The timeline Virginia Democrats cannot explain away

Keilar walked Jones through the dates carefully, as Breitbart reported. A judge had already ruled that the redistricting effort violates Virginia's constitutional timing clause because voters never received the required 90 days between the General Assembly's passage of the amendment and the vote itself. The bill passed in mid-January, the governor signed it in early February, and it was submitted for early voting on March 6.

Keilar put it to Jones directly:

"I'm not asking you about the judge. I'm asking you, really, it's about a math problem here. It's about a math problem. It's the timing clause. I laid out the dates. We're talking about facts.... He says that it needs to be 90 days because the Constitution requires it to be 90 days. The bill was passed mid-January, signed early February by Gov. Spanberger, submitted for early vote March 6. That's clearly not 90 days. How do you see yourself working around that?"

That is a CNN anchor, not a conservative commentator, telling a Democratic attorney general that the math does not add up. When even friendly territory won't let you slide, the problem is real.

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Jones's response: everything but the answer

Jones began his first attempt at a reply by attacking the judge. He got as far as calling the ruling the work of "one judge, an activist judge who was engaged in this earlier" before Keilar cut him off. She told him she was asking about the merits, not the judge.

His second attempt was longer but no more responsive. Jones said the Supreme Court would decide the issue and that oral arguments were coming "in a couple of days." He said voters "came out in large numbers earlier this week" and that mail ballots were still being accepted through Friday. He called the legal position of the "yes campaign" strong and praised his attorneys as "top flight" and among "the best in the country."

What he never said was how mid-January to March 6 equals 90 days. He never addressed the constitutional text. He never offered an alternative reading of the timing clause. He simply declared confidence and moved on.

Here is the full substance of his response:

"Well, look, this is going to be decided by the Supreme Court, and we are in the process of preparing for oral arguments here in a couple of days. And I'm really confident that, when all is said and done, the will of the people of Virginia will be upheld. Again, people came out in large numbers earlier this week, and votes are still being counted, because we accept mail ballots through Friday. And I think that you'll see that the yes campaign, that did prevail, which is now my obligation to enforce, has a pretty strong position when it comes to the legal foundations of this."

Notice the framing. Jones described the outcome of the vote as something he is now "obligated to enforce", as though the constitutional question were already settled in his favor. It is not. A judge ruled the measure violated the state constitution. The Supreme Court has yet to hear oral arguments.

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The 'activist judge' playbook

Calling a judge an "activist" is a familiar tactic. Both parties use it when a ruling goes against them. But the label is supposed to mean something specific: a judge who substitutes personal policy preferences for the plain text of the law. In this case, the judge appears to have done the opposite, applied the plain text of the timing clause and found that the state fell short by weeks.

Jones offered no explanation for why the ruling was activist rather than textual. He offered no competing interpretation of the 90-day requirement. He simply attached the label and expected it to do the work of an argument.

That approach might play well in a fundraising email. It does not hold up when a host lays out dates on live television and asks you to count.

Virginians who care about election integrity should find this troubling regardless of how they feel about redistricting. Constitutional provisions exist to protect the process. If a 90-day window can be compressed to roughly 50 days and the state's attorney general shrugs it off, what other procedural safeguards are negotiable?

What happens next in Richmond

Jones said the Virginia Supreme Court would hear oral arguments within days. He expressed confidence his team would prevail. The court sits in Richmond, which Jones noted was "just a few blocks away from us."

The stakes are significant. If the Supreme Court upholds the lower court's ruling, the redistricting measure, which Jones said the "yes campaign" won, could be invalidated on constitutional grounds. If the court sides with Jones, it will have to explain how the timing clause permits a window far shorter than 90 days.

Either way, the question Keilar asked remains unanswered by the attorney general: how do you get around the math? Jones's refusal to engage with the substance suggests he may not have a good answer. His legal team may present one in court. But on national television, the state's chief legal officer chose bluster over specifics.

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Virginia has seen its share of contested election disputes in recent years. This one stands out because the constitutional text is not ambiguous. The clause requires 90 days. The timeline does not provide 90 days. The gap is not a matter of interpretation, it is a matter of subtraction.

A pattern worth watching

Jones's performance fits a broader pattern among officials who treat constitutional requirements as obstacles to be managed rather than rules to be followed. When the text is inconvenient, attack the messenger. When the math is bad, talk about the will of the people. When the host presses, pivot to how great your lawyers are.

Voters in other states watching similar fights over election procedures and ballot integrity should take note. Process matters. Deadlines matter. Constitutional text matters, even when the outcome you want is popular.

The "will of the people" is a powerful phrase. But it does not override the constitution that governs how that will is expressed. If the General Assembly and the governor wanted voters to weigh in on redistricting, they had a simple obligation: follow the timeline. They didn't.

Jones may yet win at the Supreme Court. Stranger things have happened. But courts that have to untangle election administration disputes rarely look kindly on officials who treat constitutional deadlines as suggestions.

And when even CNN won't let you dodge the calendar, you might want to try a different answer than "the judge is an activist."

Constitutional deadlines are not suggestions. If your best defense is to call the judge names and praise your own lawyers, you don't have a defense, you have a political strategy dressed up as a legal one.

The Constitution does not care how many people voted yes. It cares whether the rules were followed first.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson