Conservative nonprofit investigates Virginia redistricting vote after court blocks certification

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FIRST ON FOX: A conservative policy group is launching an investigation into Virginia’s redistricting amendment vote after a court blocked certification of the results, raising new questions from critics about how the referendum was conducted and whether election procedures were properly followed.

The America First Policy Institute (AFPI) is initiating a multi-part probe focused on mail-in ballot handling and alleged classroom political influence, Fox News Digital has learned.

The move comes as the legal fight over the amendment intensifies, with multiple lawsuits pending and the Virginia Supreme Court set to hear oral arguments Monday.

AFPI’s legal team said the first phase of its investigation will involve records requests to several Virginia counties seeking communications and documentation related to how mail-in and absentee ballots were handled during the election. The requests target how applications were processed, how ballots were distributed and accepted, how they were stored and what guidance election officials were operating under.

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A person walks to vote in the Virginia redistricting referendum at Lyles-Crouch Traditional Academy, Tuesday, April 21, 2026, in Alexandria, Va. (Julia Demaree Nikhinson/AP Photo)

The group argues those materials are public records required under Virginia law and should clarify whether proper procedures were followed.

“The questions we’re asking aren’t complicated,” said Leigh Ann O’Neil, AFPI’s chief legal affairs officer. “Was the election conducted according to state and federal law? Did teachers improperly turn students into a private grassroots army? And, if so, what will the school district do about it? These are basic questions that demand answers no matter how you voted on Tuesday.”

A second component of the investigation focuses on Fairfax County Public Schools, where AFPI is seeking records related to civics class materials and instruction.

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Signs urging early voters to vote yes or no on Virginia redistricting referendum at government center.

Signs urge early voters to vote yes or no on the Virginia redistricting referendum at the Ellen M. Bozman Government Center in Arlington, Va., on Tuesday, March 31, 2026. Early voting continues across the state for Virginia’s redistricting ballot referendum. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

According to the group, some parents have alleged that teachers commented on parents’ political beliefs and encouraged students to persuade their parents how to vote on the referendum. AFPI argues that, if confirmed, such conduct could violate state law, federal law and school district policy governing political activity in publicly-funded classrooms.

The group said it is also sending a letter to the Fairfax County superintendent urging an internal investigation into what it described as “highly concerning reports of partisan voter influence.”

The investigation lands amid a growing legal fight over the amendment. A Virginia court has already moved to block certification of the vote, and the dispute is now moving toward the state’s highest court.

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Abigail Spanberger speaking at Virginians For Fair Elections event in Woodbridge Virginia.

Virginia Gov. Abigail Spanberger speaks during a Virginians For Fair Elections canvassing event in Woodbridge, Va., on April 18, 2026. (Graeme Sloan/Bloomberg via Getty Images)

There are currently three legal challenges pending in Virginia courts, including an original lawsuit brought by state Republicans, which the Virginia Supreme Court is set to hear Monday. There is also a separate case filed in Richmond by GOP Reps. John McGuire and Rob Wittman and a challenge in Tazewell County, where Circuit Court Judge Jack Hurley ruled the referendum unconstitutional. An appeal from Virginia Democrat Attorney General Jay Jones is expected.

A ruling in the primary case could come within weeks, with courts under pressure to act before Virginia’s August primary and late-July deadlines for voter registration and mail-in ballots.

AFPI said its investigation is intended to ensure transparency as the legal process unfolds, arguing that if election procedures were properly followed, the records will confirm it — and if not, Virginia voters deserve answers.

The Virginia Supreme Court hearing will be livestreamed, allowing the public to follow arguments as the case moves forward. Meanwhile, AFPI said its probe will continue in phases, with additional findings and requests expected in the coming weeks.

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The Virginia Department of Elections and Fairfax County Public Schools did not immediately respond to Fox News Digital’s request for comment.

Fox News’ Bill Mears and Mark Meredith contributed to this reporting.

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