Key Takeaways

• Virginia House Democrats propose a redistricting amendment to allow mid-decade changes if another state shifts its maps for politics.
• The plan applies only from January 1, 2025, to October 31, 2030, and in direct response to other states’ actions.
• Supporters call it a safeguard for fair representation; opponents say it breaks Virginia’s amendment rules.
• Attorney General Jason Miyares issued a legal opinion against advancing the amendment during the current election.
• If approved twice by the General Assembly and by voters, the amendment would take effect after 2026.

Virginia’s House Democrats released the full text of a proposed redistricting amendment. It would let the legislature redraw congressional maps mid-decade. Only moves from other states would trigger this option.

What the redistricting amendment does

The amendment would change Article II, Section 6 of the state Constitution. It grants the General Assembly the power to modify one or more congressional districts. However, that power kicks in only if another state redraws districts for political gain. It excludes court-ordered fixes or the normal ten-year redistricting after the census.

Additionally, a new schedule section limits this power to between January 1, 2025, and October 31, 2030. It applies strictly in response to actions taken by other states during that period.

Why Democrats support the amendment

Democrats call the proposal a necessary guard for fair Virginia representation. They point to a rising trend of Republican-led states changing maps mid-decade. Del. Rodney Willett, the sponsor, says Virginia cannot stay passive. He argues that Virginians could lose influence if other states expand their political clout.

“We must protect our voters,” Willett said. “This amendment gives us a choice, not a mandate.” He stressed that Virginia’s independent redistricting commission would remain intact. Rather, the amendment offers a backup option if extreme map changes occur elsewhere.

Willett and other supporters promise the amendment preserves the regular ten-year map cycle. They say it simply creates an “interim option” for unusual cases. If voters approve the change in a referendum, lawmakers could act only when truly needed.

Republican objections and legal challenges

Republicans argue Democrats missed the legal window to advance a redistricting amendment this year. They cite the Constitution’s Article XII requirement for an intervening general election between proposal and referral. They also refer to state law that demands public notice at least three months before an election.

Attorney General Jason Miyares backed this view in a written opinion. He said the amendment cannot move forward now because Virginia law aims to let voters weigh in before major changes. Moved by early voting numbers, Republicans claim Democrats try to push the plan past voters without proper notice.

Del. Bobby Orrock, a Republican, noted that the House clerk must post amendments at courthouses three months before a general election. Since that deadline passed, Orrock says, the redistricting amendment cannot be legally advertised in time.

Meanwhile, Democrats counter that they act within their authority. They argue the special session’s rules permit this discussion now. They view Miyares’s opinion as partisan, designed to block a fair process.

Political showdown and next steps

The amendment release followed heated debate in the Senate. Both parties clashed over timing and legality. Republicans warned of a “rush job” before more than a million Virginians already voted. Democrats insist they protect fair representation against external attacks.

The House Privileges and Elections Committee will review the amendment Wednesday afternoon. If it passes there, it must clear both chambers again in 2026. Finally, voters will decide its fate in a statewide referendum. Only after those steps would the redistricting amendment become part of the Constitution.

How Virginia’s election context matters

Virginia’s current general election began on September 19 and runs through November 4. Early voters already cast hundreds of thousands of ballots. Republicans say advancing a constitutional change now conflicts with code-mandated public notice rules. Democrats argue that a special session counts as a separate process, not tied to the current election cycle.

Voices from candidates

Democratic candidate Abigail Spanberger said she supports keeping the redistricting amendment option alive. While on her bus tour, she noted that eight days remain before Election Day. She left calendar talks for later but urged the assembly to move ahead now.

By contrast, Republican nominee Winsome Earle-Sears denounced the plan as an effort to dismantle Virginia’s independent commission. She warned it would give politicians too much control over maps, undermining voter trust.

At the same time, Democratic attorney general nominee Jay Jones slammed Miyares’s opinion as partisan. He tied the attorney general’s stance to loyalty to national party figures. On social media, Senate Majority Leader Scott Surovell accused Miyares of abusing his office for political gain.

What’s next for the redistricting amendment

If the Privileges and Elections Committee approves the amendment, lawmakers will debate it on the Senate floor on Wednesday at 11 a.m. Republicans may try to delay or block it until after the election. Democrats will push to keep it alive in case another state redraws maps unfairly.

Should the amendment clear this session, a new General Assembly in 2026 must vote yes again. Finally, Virginia voters would answer the ultimate question: Should we let our legislature redraw districts mid-decade when others act unfairly?

Frequently Asked Questions

What triggers the redistricting amendment?

The amendment activates if any state redraws its congressional maps for political reasons between 2025 and 2030. It cannot apply to court orders or routine ten-year redistricting.

How long would the amendment last?

It lasts only from January 1, 2025, to October 31, 2030. After that, the power expires unless voters approve an extension.

Does this change the independent commission?

No. Supporters say the regular commission stays in place. The amendment simply offers lawmakers an extra option during unusual redistricting events.

What must happen before the amendment takes effect?

First, both legislative chambers must approve it in two sessions. Then, Virginia voters must pass it in a statewide referendum. Only then would it become law.