Special Session
The General Assembly convened for Special Session this week. House Joint Resolution 6007, which you can read in its entirety at this link, was proposed and passed. The resolution proposes a Constitutional Amendment regarding a limited and temporary change to the provisions of Virginia’s Constitution that dictate the process by which voting district lines are created. Before going into the content of the resolution, first I would like to clarify the process by which Virginia’s Constitution can be amended.
Background: How the Constitution is Amended
Constitutional amendments are introduced each session on a variety of topics. I have sponsored legislation to allow localities to grant tax relief to long term occupants of houses, a proposal that requires amending the constitution. Notably there are constitutional amendments that were passed last session to enshrine reproductive healthcare rights; eliminate Virginia’s constitutional ban on same sex marriage; and restore rights for those who have served the terms of their criminal sentences.
Once approved by the House and Senate, constitutional amendments then must be passed again in a session following a general election in which at least one of the chambers are up for election, as we have this November. If the legislation is passed in this second instance, then the final say on whether to approve the amendment is decided by the voters of Virginia via a ballot measure.
The Legislation Passed this Week
The legislation that passed this week will need to pass again in the 2026 legislative session and then be approved by voters. If approved, the constitutional amendment will create a very limited ability for the General Assembly to redistrict congressional districts; i.e. the eleven districts that elect a representative to the U.S. House of Representatives. Such authority is temporary, expiring in 2030. Additionally, it can only be used if another state has redrawn its district lines for a reason outside of established norms. The General Assembly would not be required to redraw the lines, but the ability would be available. Finally, this legislation does not eliminate the Redistricting Commission, which is the non-partisan group that is tasked with drawing district lines currently.
You can watch the presentation of the legislation in the Privileges & Election Committee here and you can watch the debate on the House Floor here. Finally, you can find links to the Senate’s proceedings including their final passage of the legislation today on their youtube page.
The Context for this Amendment
For background, redistricting traditionally occurs at the beginning of each decade in response to the results of the U.S. Census. There are provisions for adjusting district lines outside of this decennial (once a decade) schedule, due to court orders regarding the legality of a district line or for very minor technical adjustments. However, President Donald Trump began explicitly calling on states with a strong Republican majority to redraw their districts to deliver him a stronger majority in the 2026 congressional elections. Texas was the first to be called upon by the President who specifically requested 5 more Republican gerrymandered districts. Including Texas, three Republican-majority states have already adopted new maps in response to the President’s request. Seven more Republican-majority states have begun considering redistricting.
This overt partisan district-fixing dilutes the sentiment of voters by artificially establishing one party’s representation in Congress. If an election’s results are predestined before they can be held, then the power of a vote is greatly diminished. Additionally, Congress, representing the legislative branch is designed to be a separate and distinct entity from the President and the executive branch. The separation of powers and responsibility to administer oversight is what defines a representative democracy and prevents abuse of power. At present, Congress has willingly vacated their powers and responsibilities due to the unique political pressure the President generates on members of his party. The move to initiate mid-decade redistricting is an attempt to calcify this unilateral control and it further sidelines the legislative branch, which is the branch most beholden to voters. On average, 250,000 voters from similar and adjacent communities elect a Congress member whereas the last Presidential election was decided by 154 million people, with turnout varying vastly from community to community across the country. A representative congress is a representative government.
In response to the President’s request for mid-decade redistricting, four Democratic-majority states have begun their own considerations, including Virginia through the constitutional amendment passed this week. You can read more about this national development in this article from The Associated Press, which includes a map of where efforts have begun. You can read more about Virginia’s legislation in this article from The Virginia Mercury as well as this one from The Richmond Times-Dispatch.
