15SEP

Cook moves 5 Virginia seats on a voided map

3 min read

14:21UTC

Cook Political Report shifted five Virginia House districts toward Democrats around Monday 27 April, pricing in a referendum result that Judge Hurley has voided and the Virginia Supreme Court has not validated.

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Key takeaway

Forecasters are pricing in a four-to-five seat Democratic gain on a map that may never legally exist.

Cook Political Report, the nonpartisan US election forecaster, moved five Virginia House districts toward Democrats around Monday 27 April: VA-01 from Lean Republican to Safe Democrat, VA-05 and VA-07 to Safe Democrat, VA-06 to Likely Democrat, and VA-02 from Toss-up to Lean Democrat ¹. Sabato's Crystal Ball, the University of Virginia Centre for Politics forecast, moved four Virginia districts toward Democrats on Tuesday 21 April using similar logic. Both ratings price in the referendum result that Judge Hurley voided the same week.

The ratings rest on a map that does not yet exist. The referendum authorised the General Assembly to redraw the state's eleven congressional districts; the Democratic plan would have produced ten Democratic-leaning seats out of eleven, a four-seat gain on the existing seven-four split. The Hurley injunction blocks certification of the referendum result, and the Supreme Court has not yet validated the procedure that put the referendum to voters.

The forecasters' move follows the standard practice Cook applied when shifting four Senate races toward Democrats on 13 April, rating the most likely outcome before legal certainty arrives . What is unusual is the size of the conditional bet: four to five projected Democratic gains in a single state, contingent on a court ruling that may not arrive before the 25 May filing deadline. Counter-view from Fox News and Republican-aligned outlets: the injunction is the win, the Supreme Court will affirm, and the ratings will reverse before any campaign infrastructure can be deployed against the new map. Either path requires the Virginia Supreme Court to act inside 28 days, an operational deadline that constrains the legal question more tightly than the legal question constrains the deadline.

Deep Analysis

In plain English

Two major US election forecasting organisations shifted five Virginia congressional seats toward Democrats, based on the assumption that the redistricting referendum will ultimately survive the legal challenge. They did this before the Virginia Supreme Court ruled, which is how these organisations normally operate: they predict what will happen rather than wait for certainty. If the court upholds the block on the referendum, these ratings will reverse and Virginia will look Republican-leaning again.

Deep Analysis

Root Causes

Election forecasting markets operate on expected-value logic: ratings represent the most likely outcome given current information, not certainty about outcomes. Cook and Sabato's are communicating to campaign donors, party committees, and national media what a Democratic-favourable ruling would mean in seat terms.

Cook Political Report, Sabato's Crystal Ball, and their competitors publish ratings months before elections because donors and PACs need those signals to allocate resources efficiently. A forecaster that waits for legal certainty before rating a seat will systematically lag the actual campaign, making its ratings operationally useless. That commercial imperative forces both organisations to act before courts do.

What could happen next?

Opportunity
Cook and Sabato's conditional ratings will accelerate Democratic candidate recruitment in VA-01, VA-02, VA-05, VA-06, and VA-07, building campaign infrastructure that can be deployed even if the map reverts, because some of those districts are competitive under both scenarios.
Risk
If the Virginia Supreme Court upholds Hurley's injunction before the 25 May filing deadline, forecasters will need to reverse multiple ratings simultaneously, a public correction of unusual scale that may affect the credibility of the conditional-rating methodology.

Source Landscape

This story draws on neutral-leaning sources

Primary parallel: After the Pennsylvania Supreme Court drew a new congressional map in February 2018, Cook and Sabato's both immediately updated their Pennsylvania ratings before candidates had filed, treating the new map as operative.

That map ultimately produced a 9-9 delegation split, up from 13-5 Republican before redistricting. The Virginia conditional move follows the same methodological logic, though the legal uncertainty in 2026 is greater because Pennsylvania's court had actually issued its map, while Virginia's court has not.

Counter-parallel: Following North Carolina's 2022 redistricting litigation, Cook initially moved several seats after the state Supreme Court drew an interim map, then reversed those ratings when the Court's composition changed and the new majority reinstated the original gerrymander. Virginia risks an identical reversal if the Virginia Supreme Court upholds the Hurley injunction.

Consensus view: Cook Political Report's Dave Wasserman and Sabato's Crystal Ball's Kyle Kondik both treat the conditional ratings as standard practice: forecasters price in the most likely legal outcome before certainty arrives, because waiting for judicial resolution would systematically delay accurate race ratings. The five-seat conditional move is unusually large for a single state but consistent with that methodology.

Counter-view: Inside Elections editor Nathan Gonzales has questioned whether rating Virginia districts before the Virginia Supreme Court rules is premature, noting that ratings agencies normally wait for maps to be formally certified before moving seats. A conditional four-to-five-seat shift in one state is unprecedented in scale for a single judicial uncertainty.

Key tension: Whether conditional ratings ahead of legal certainty serve readers by reflecting the expected outcome, or mislead campaign infrastructure by triggering donor and staffing commitments for districts that may revert to their pre-referendum configuration.

Sources:Cook Political Report

Mentions:Sabato's Crystal Ball →Virginia Supreme Court →Pennsylvania →North Carolina →Fox News Radio →Virginia →Cook Political Report →Jack S. Hurley Jr. →

First Reported In

Update #4 · Calendar versus court

Cook Political Report· 28 Apr 2026

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Causes and effects

Caused by

Virginia map vote passes, then voided

Cook and Sabato moved Virginia House ratings based on the referendum result that Hurley has voided, making the ratings conditional on a Supreme Court ruling.

Occurred 22 Apr 2026

Read story →

Cook shifts four Senate races to Dems

Cook's earlier 13 April Senate race moves established the forecaster's practice of pricing in most-likely outcomes; the Virginia House moves follow the same methodology.

Occurred 13 Apr 2026

Read story →

This Event

Cook moves 5 Virginia seats on a voided map

The forecasters are betting four to five projected Democratic gains on a court decision that may not arrive in time to matter.

Different Perspectives

Cook Political Report

Cook Political Report published a dated House ratings snapshot on 11 September and changed no seat's rating, holding at 206 Democratic to 208 Republican with 21 tossups since its 3 September batch. Publishing without a change is a dated decision, not an oversight, leaving Republicans ahead on seats while Democrats lead the national vote by 6.6 points.

Department of Justice

A Justice Department official told the Las Vegas Review-Journal that preservation letters like the one sent to Aguilar go to states the department is in active litigation against over incomplete voter registration lists. The department would not answer the paper's specific questions about the personal investigation notice riding inside the same letter.

Francisco Aguilar

Nevada Secretary of State Francisco Aguilar publicly rejected Justice Department pressure on 12 September, days after a 4 September letter combined a records-preservation demand with a personal notice that he is under investigation. He said he will not fold until a judge orders him to, making his office's compliance a political stand rather than a routine filing.

Brett Kavanaugh

Justice Brett Kavanaugh denied Missouri's state-track stay application alone on 8 September without referring it, then sent the separate federal-track application in Onder v. State of Missouri to the full Court, which stayed it on 10 September. His choice of which application to keep and which to share decided how much of the fight one justice controlled.

Robert Onder and the federal plaintiffs

Robert Onder and three other Republican plaintiffs won a temporary restraining order from Chief Judge Stephen R. Clark on 8 September ordering Missouri to use HB 1, then lost it when the Supreme Court stayed it on 10 September. Their federal route ran parallel to Hoskins's own reversal and ended the same way, with the 2022 map governing 3 November.

Richard Von Glahn and People Not Politicians

Richard Von Glahn and People Not Politicians won Von Glahn v. Hoskins on 3 September, persuading the Missouri Supreme Court that their referendum petition stripped HB 1 of effect and sent it to voters as Proposition A. The contempt finding against Hoskins this week confirms their win held even after the state's chief election officer tried to reverse it.