Virginia’s bold move on redistricting

RICHMOND, Va. — Virginia’s General Assembly has taken the initial, decisive step toward potentially redrawing the state’s congressional maps mid-decade, passing a constitutional amendment that would strip the independent redistricting commission of its exclusive authority and return power to the legislature in certain circumstances.

This move is seen by Democrats as a necessary countermeasure to the wave of “partisan gerrymandering” occurring in Republican-led states like Texas and North Carolina ahead of the 2026 midterms.

Unlike states that can redraw maps through a single legislative act, Virginia’s process is arduous and multi-phased, requiring: two votes by the General Assembly across two separate sessions (with a House of Delegates election in between), and a final approval by the public via referendum.

• The Special Session Vote: The proposed constitutional amendment, House Joint Resolution 6007, successfully passed both the House of Delegates (on Wednesday) and the State Senate (today, Friday, Oct. 31) on largely party-line votes. The Senate vote was 21-16.
• The Authority Shift: The bill would amend the Virginia Constitution, creating an “option” for the General Assembly to redraw congressional districts between the 2025 and 2030 census cycles, specifically in response to other states redrawing their maps for non-census or non-court-ordered reasons. This action would bypass the independent redistricting commission, which was overwhelmingly approved by Virginia voters in 2020.
• Democratic Rationale: Senate Democrats argued the urgency to “push back” against the national partisan gerrymandering efforts. Senator Barbara Favola (D-Arlington) stated that it is “important enough that Virginians be able to weigh in in April,” describing the policy as “very measured.”
• Republican Opposition: Republicans have fiercely opposed the move, urging Democrats to keep Virginia out of what they call a “political arms race.” Senator Mark Peake (R-Bedford) used his floor time to directly address the citizens, urging them to “Put a stop to this please go vote Tuesday, Nov. 4.”

The redistricting effort’s fate now rests immediately on the upcoming Nov. 4 General Election for all 100 seats in the House of Delegates.

• Democratic Success: If Democrats keep control of the House of Delegates, the process can move forward.
• Republican Success: If Republicans take the House, the effort to pass the constitutional amendment ends there, as it requires a vote in the next General Assembly session.

This pivotal election is the required “intervening election” that must take place before the legislature can vote on the amendment a second time.

Even if Democrats retain their majority on Nov. 4, the process is far from over:

1. Second General Assembly Vote: The amendment must be passed again by both chambers of the legislature during the next regular session, which begins in January 2026.
2. Voter Referendum: If passed a second time, the proposed amendment would then go before voters in a statewide referendum, likely in Spring or early Summer 2026 (approximately 90 days later).
3. Map Redrawing: Only if a majority of voters say “yes” in the referendum would the General Assembly gain the power to redraw congressional maps. Legislators would then have to move quickly, aiming to finish before the June 16 primary for the 2026 midterms.

The timeline is extremely tight, and as Senator Scott Surovell (D-Fairfax) noted, the process would require cooperation from the executive branch, stating that even if the voters approve the amendment, the governor would have to call a special session to actually enact new maps.

The effort has already drawn a legal challenge from Republicans and an advisory opinion from Republican Attorney General Jason Miyares, who stated the effort is unconstitutional due to the early voting period having already begun for the November election. The special redistricting session is a high-stakes legislative gamble with the future balance of political power in Virginia and Washington, D.C. hanging in the balance.