Virginia AG dodges question on misleading ballot language, dismisses judge as 'activist'

By 
, April 24, 2026

Virginia Attorney General Jay Jones refused to directly answer whether the ballot language on the state's redistricting constitutional amendment was misleading, instead telling CNN that "there was a vigorous campaign" and "yes prevailed", even as a circuit court judge blocked certification of the vote on constitutional grounds.

Jones, a Democrat, appeared on Thursday's broadcast of "CNN News Central" to defend the redistricting measure that Virginia voters approved on Tuesday. More than 1.6 million voted yes, he said. But a judge had already thrown a wrench into the outcome, ruling the entire referendum unconstitutional and barring officials from certifying the results.

The exchange laid bare a pattern that has defined Virginia Democrats' redistricting push from the start: ram the measure through, use ballot language that obscures what it actually does, and then dismiss anyone who objects as an obstacle to "the will of the people."

The ballot question and the judge's ruling

Co-host Brianna Keilar pressed Jones on the substance of the court's findings. She noted that Judge Hurley cited "multiple substantial and procedural problems, including that the ballot question for the constitutional amendment was flagrantly misleading." The ballot question told voters that new congressional districts would be temporarily adopted to "restore fairness," language linked to a Virginia Department of Elections webpage.

Keilar then stated the plain math: "Factually speaking, the map gives Democrats an advantage in ten of Virginia's eleven U.S. House seats. That is an objective description. Whether that restores fairness is a subjective description."

She asked Jones directly whether he could see how the phrase "restores fairness" could be misleading or confusing to voters who would lose representation by a member of their own party under the new map. Jones did not engage with the specifics. Keilar told him on air, "I don't hear you answering the substance of my question."

That exchange is worth lingering on. A CNN anchor, not a Republican operative, not a conservative legal group, told Virginia's top law enforcement officer that he was dodging a straightforward factual question about whether voters were given honest information before they cast their ballots. Jones's response was to talk about how proud he was of Virginia and how sacred the right to vote is.

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Jones's defense: campaign vigor and 'the will of the people'

Jones leaned hard on the election result itself as his primary argument. In his first extended answer, he framed the situation in stark terms:

"Look, we are excited that Virginia went out to the polls on Tuesday, made their voices heard, turnout was robust, both sides engaged in a vigorous campaign, and the yes side prevailed. And, now, as Attorney General, my job is to enforce the laws of the commonwealth of Virginia. And so, we won't let one activist judge in one county in Virginia try to offset the will of the people of this commonwealth, where more than 1.6 million voted yes."

He added that his office had already appealed the decision and would be in court "very soon." He called his legal team "top flight" and said he was confident the matter would be resolved so that "people in Virginia will have their representation in Washington that reflects the will of the majority of the state."

Notice what Jones never said. He never addressed whether the ballot language accurately described the map's partisan effect. He never explained why telling voters a 10-1 Democratic advantage "restores fairness" is an honest characterization. He never engaged with Judge Hurley's procedural findings. He dismissed the judge as an "activist" in "one county" and moved on.

The legal fight over Virginia Democrats' redistricting effort has been building for months, and Jones's evasion on national television only deepens the credibility gap.

What the court actually found

The ruling Jones waved away was not a minor procedural hiccup. Fox News reported that Virginia Circuit Court Judge Jack Hurley ruled the votes for and against the redistricting amendment were unconstitutional and entered an injunction blocking certification of the election. He also denied a motion to stay the ruling pending appeal.

Former Republican Virginia Attorney General Ken Cuccinelli described the ruling's significance on X: "The Tazewell Circuit Court just ruled the referendum unconstitutional. The Judge entered an injunction blocking certification of the election & denied a motion to stay pending appeal."

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Republicans argued that Democrats failed to follow Virginia's constitutional amendment process. The core of the challenge: early voting began before the amendment received its first legislative passage. Cuccinelli put it bluntly: "Over a million people had already voted before first passage, and they want to treat that election as the intervening election. They're going to have a very difficult time with that."

That is not a technicality. Constitutional amendment procedures exist to protect voters from exactly this kind of manipulation, rushing a measure onto the ballot before the required steps are complete, then claiming the sheer number of votes cast makes the result untouchable.

The procedural failures at the heart of the rushed referendum are precisely why amendment processes have guardrails in the first place.

A 10-1 map dressed up as 'fairness'

Set aside the procedural questions for a moment and look at the substance of what voters were asked to approve. Keilar stated on air that the proposed map gives Democrats an advantage in ten of Virginia's eleven U.S. House seats. The current split stands at 6-5 in Democrats' favor. The referendum, if upheld, would have nearly wiped out Republican representation in a state that elected a Republican governor in 2021.

And the ballot question described this as restoring fairness.

Jones was asked point-blank whether that language could mislead voters. His answer, stripped of the rhetoric about sacred rights and the birthplace of democracy, amounted to: both sides campaigned, and our side won. That is not an answer to the question of whether the ballot itself told voters the truth about what they were voting for.

The flow of national Democratic and outside money into the referendum campaign only compounds the concern that this was a coordinated effort to lock in a near-permanent partisan advantage under the guise of reform.

The appeal and what comes next

Jones confirmed that his office has appealed Judge Hurley's ruling and expects to be in court soon. Keilar noted that legal experts CNN consulted said Hurley's findings would create "pretty big challenges" for the attorney general's position on appeal.

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Jones dismissed those concerns. He called the judge an activist, said his lawyers were top flight, and expressed confidence that the matter would be resolved in his favor. He offered no legal argument on the merits, at least not on camera.

Several open questions remain. What is Judge Hurley's full written ruling, and does it detail additional procedural defects beyond the ballot language and the timing of early voting? What specific constitutional provisions did the court find were violated? And will the appeal reach Virginia's Supreme Court before any new districts could take effect?

Even some Democrats have acknowledged the problems with this approach. Senator John Fetterman called the Virginia redistricting a loss for everyone, a rare break from a party that has otherwise closed ranks behind the effort.

The real question Jones won't answer

The attorney general's job is to enforce the law. Jones said so himself. But enforcing the law also means ensuring that the process by which laws and amendments reach the ballot is constitutional. It means ensuring that voters receive honest descriptions of what they are being asked to approve.

When a judge finds that the ballot language was "flagrantly misleading", Keilar's characterization of Hurley's ruling, and that the amendment process failed to meet constitutional requirements, the attorney general's response should not be to wave the vote total and call the judge an activist. It should be to explain, on the merits, why the process was sound and the language was fair.

Jones did neither. He talked about the birthplace of democracy. He talked about sacred rights. He talked about his top-flight lawyers. He talked about the will of the people.

He did not talk about whether the people were told the truth before they voted.

That silence says more than any campaign speech ever could. When 1.6 million voters are told they're "restoring fairness" but the actual map delivers a 10-1 partisan advantage, the question isn't whether both sides got to campaign. The question is whether the ballot itself was honest, and Virginia's attorney general still won't say.

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