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Virginia Use of Legislative Congressional Redistricting Map Amendment (2026)

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Virginia Use of Legislative Congressional Redistricting Map Amendment

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Election date

November 3, 2026

Topic
Redistricting policy
Status

Proposed

Type
Legislatively referred constitutional amendment 		Origin

State legislature


The Virginia Use of Legislative Congressional Redistricting Map Amendment may be on the ballot in Virginia as a legislatively referred constitutional amendment on November 3, 2026, or at an earlier special election date.

A "yes" vote supports allowing the state legislature to conduct congressional redistricting between January 1, 2025, and October 31, 2030.

A "no" vote opposes allowing the state legislature to conduct congressional redistricting between January 1, 2025, and October 31, 2030.


Overview

What would the constitutional amendment do?

See also: Text of measure

The constitutional amendment would allow the Virginia General Assembly to conduct congressional redistricting in between the issuance of the federal census each decade if another state first participates in congressional redistricting.[1]

Because Texas, Missouri, and other states enacted new district maps in 2025, the amendment would allow the state legislature to conduct congressional redistricting before the next scheduled redistricting process, planned for 2031. The amendment specifies that such a redistricting measure would need to be completed between January 1, 2025, and October 31, 2030.[1]

What are the current rules for congressional redistricting in Virginia?

See also: Virginia Question 1, Redistricting Commission Amendment (2020)

The state constitution requires congressional redistricting every ten years after 2021. It requires that a 16-member redistricting commission create the new congressional and state legislature maps.

In 2020, Virginia voters approved Question 1, which transferred the authority for redrawing redistricting maps from the state legislature to the 16-member redistricting commission.

The redistricting commission is composed of eight citizens and eight legislators. The eight citizens are recommended by legislative leaders and selected by a committee of five retired circuit court judges. The legislators appointed to the redistricting commission are determined based on the political parties with the largest memberships in the state legislature. Assuming the two largest parties in Virginia are the Republican and Democratic parties, the commission would be composed of two Senate Democrats, two Senate Republicans, two House Democrats, and two House Republicans.

The constitutional amendment would not abolish this redistricting commission, but it would allow the state legislature to amend congressional maps between decades.

What is the process for putting this on the ballot?

See also: Path to the ballot

The process for placing a constitutional amendment on the ballot in Virginia spans two successive legislative sessions and an election:

  • First legislative session: Both the state Senate and the state House must pass the same version of the amendment with a simple majority (50% plus 1 ) vote.
  • Between legislative sessions: The clerk of every circuit court in the state must post for public inspection all proposed constitutional amendments at least three months before the next election of members of the House of Delegates.[2]
  • Second legislative session: Both the state Senate and the state House must pass the amendment, with no changes from the first session, with a simple majority (50% plus 1 ) vote. If it is passed, it is then placed on the ballot for voters to decide.
  • Election: Voters either approve or deny the constitutional amendment.

First legislative session

On October 29, 2025, the state House approved the amendment in a vote of 51-42, with six members not voting.[3] On October 31, 2025, the state Senate approved the amendment in a vote of 21-16, with three senators not voting.[3] With the measure approved by the Virginia General Assembly, it is carried over to the 2026 legislative session for a second vote.

Between legislative sessions

On October 28, 2025, Attorney General Jason Miyares (R) issued an official advisory opinion on HJ 6007. He said HJ 6007 is unconstitutional for two reasons.[4]

First, Miyares said that because early voting for the November 4, 2025, election had already begun, placing the amendment on the 2026 ballot would violate the constitutional requirement that it be referred for a second legislative vote “at [the General Assembly’s] first regular session held after the next general election of members of the House of Delegates.”[4] Second, he said the bill was introduced too late for the circuit court clerks' three-month publication period before the general election.

In response, state Sen. Creigh Deeds (D-11) said, "Under the law it’s clear that Election Day is Election Day, the election occurs in November. There are going to be all sorts of theories thrown out in the next few weeks, and I would expect it to happen, but I’m confident that this will withstand scrutiny."[5] Jay Jones (D), a nominee for attorney general, said Miyares was "attempting to block a fair, legal process that would return power to Virginians."[6]

State Del. Terry Kilgore (R-45) agreed with Miyares' opinion, stating, "The current general election began on Sept. 19 and will conclude on Nov. 4 at 7 pm. The effort to ram through a constitutional amendment during an election flies in the face of Virginia’s constitutional and code-mandated public notice requirements."[6]

Second legislative session

The Virginia General Assembly is set to convene for the 2026 legislative session on January 14, 2026.[7] The state legislature could potentially approve the amendment for a second time on that date and certify the amendment to be placed on the Virginia ballot. There is no law preventing the legislature from approving a measure on the first day of the legislative session, though usually, measures are not approved by both chambers of the legislature in one day.

Election

Virginia law mandates the timing and scheduling of special elections. Unlike other states, where the governor or secretary of state is tasked with scheduling special referendum elections, the Virginia constitution gives the state legislature the authority to schedule a special election for a referred ballot measure.

The state constitution states that the earliest a special election could be scheduled is 90 days after the measure is approved by the legislature. April 14 is 90 days after January 14.

State statute mandates that no special election can held less than 55 days before a general or primary election, or at the same time as a primary election.[8] The primary election for Virginia is scheduled on June 16, 2026.[9] April 22 is 55 days before June 16.

Considering those two restrictions, a special election would need to be held between April 14 and April 22.

The filing deadline for congressional candidates in Virginia is April 2.[10] If the constitutional amendment is to be passed and new maps are to be created and enacted for the 2026 congressional election, the filing deadline would need to be postponed.

Text of measure

Constitutional changes

See also: Virginia Constitution

The ballot measure would amend Article II, Section 6 of the Virginia Constitution. The following underlined text would be added and struck-through text would be deleted:[1]

Note: Hover over the text and scroll to see the full text.

Members of the House of Representatives of the United States and members of the Senate and of the House of Delegates of the General Assembly shall be elected from electoral districts established pursuant to this section and Section 6-A of this Constitution. Every electoral district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. Every electoral district shall be drawn in accordance with the requirements of federal and state laws that address racial and ethnic fairness, including the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States and provisions of the Voting Rights Act of 1965, as amended, and judicial decisions interpreting such laws. Districts shall provide, where practicable, opportunities for racial and ethnic communities to elect candidates of their choice.

The Commonwealth shall be reapportioned into electoral districts in accordance with this section and Section 6-A in the year 2021 and every ten years thereafter, except that the General Assembly shall be authorized to modify one or more congressional districts at any point following the adoption of a decennial reapportionment law, but prior to the next decennial census, in the event that any State of the United States of America conducts a redistricting of such state's congressional districts at any point following that state's adoption of a decennial reapportionment law for any purpose other than (i) the completion of the state's decennial redistricting in response to a federal census and reapportionment mandated by the Constitution of the United States and established in federal law or (ii) as ordered by any state or federal court to remedy an unlawful or unconstitutional district map.

Any such decennial reapportionment law, or reapportionment law modifying one or more congressional districts, shall take effect immediately and not be subject to the limitations contained in Article IV, Section 13, of this Constitution.

The districts delineated in the decennial any reapportionment law shall be implemented for the November general election for the United States House of Representatives, Senate, or House of Delegates, respectively, that is held immediately prior to the expiration of the term being served in the year that the reapportionment law is required to be enacted. A member in office at the time that a decennial redistricting law is enacted shall complete his term of office and shall continue to represent the district from which he was elected for the duration of such term of office so long as he does not move his residence from the district from which he was elected. Any vacancy occurring during such term shall be filled from the same district that elected the member whose vacancy is being filled.[11]


The ballot measure would also add a section to the Schedule of the state constitution. The following underlined text would be added:[1]

Note: Hover over the text and scroll to see the full text.

Section 6. Application and duration of certain redistricting amendments.

The authorization in Article II, Section 6 authorizing the General Assembly to modify one or more congressional districts at any point following adoption of a decennial reapportionment law in the event that any State of the United States of America conducts a redistricting of such state's congressional districts at any point following that state's adoption of a decennial reapportionment law shall be limited to making such modifications between January 1, 2025, and October 31, 2030, in response to actions taken by another state between January 1, 2025, and October 31, 2030.[11]

Full text

The full text of the constitutional amendment can be read here.

Support

Supporters

Officials

Candidates

Organizations

Arguments

  • State Del. Marcia Price (D-85): "The actions that Texas and Missouri and North Carolina have taken have triggered this. The trigger has already been pulled when it comes to attacks on our democracy. So that’s why Virginia is here. We are going to do our job to protect democracy in Virginia."
  • State Del. Rodney Willet (D-58): "Maybe the most important point to make here is what the resolution is not going to do, which is to abolish the commission that was created through the earlier constitutional amendment. This is to create, again, not a mandate, but an option, in the interim, in between those decennial redistrictings to do something when there’s an extraordinary circumstance."


Opposition

Opponents

Officials

Arguments

  • State Sen. Chris Head (R-3): "[The measure] is a dumb thing to be doing. The citizens of the commonwealth voted overwhelmingly in a presidential election year referendum — 66.1% voted to eliminate the ability to do exactly what they are trying to do, and people should be outraged at this overreach power grab that they turn out to vote in droves to vote every one of these rascals out."
  • U.S. Rep. Morgan Griffith (R-9): "To conflate and say ‘We ought to be like Texas’ or ‘We ought to be like California’ is just wrong. We’re Virginians and we ought to be proud to be Virginians and the Virginia voter, not the California voter, not the Texas voter, the Virginia voter said they wanted a nonpartisan process."


Background

Redistricting efforts between 2024 and 2026

See also: Redistricting ahead of the 2026 elections

As of October 2025, ten states had congressional district maps that were subject to change before the 2026 elections, and three states—Missouri, North Carolina, and Texas—had redrawn their congressional maps. Six states were reportedly exploring voluntary redistricting, three states had congressional maps that were subject to change due to litigation, and one state was required by law to redistrict.

The map below shows redistricting activity between the 2024 and 2026 elections.

The table below shows redistricting activity between the 2024 and 2026 elections as well as the pre-redistricting U.S. House delegation in each state.

Status of congressional redistricting ahead of the 2026 elections
State Reason for redistricting Status Method of redistricting U.S. House delegation before redistricting
California Voluntary redistricting Special election set for Nov. 4, 2025 Commission 43 D - 9 R
Florida Voluntary redistricting Florida House to form Select Committee on Congressional Redistricting Legislature-dominant 20 R - 8 D
Georgia Subject to change due to litigation Litigation ongoing Legislature-dominant 9 R - 5 D
Indiana Voluntary redistricting Gov. Mike Braun (R) called a special session for redistricting Legislature-dominant 7 R - 2 D
Kansas Voluntary redistricting Approved special session funds; circulating special session petition for signatures Legislature-dominant 3 R - 1 D
Louisiana Subject to change due to litigation Litigation ongoing Legislature-dominant 4 R - 2 D
Maryland Voluntary redistricting No action Legislature-dominant 7 D - 1 R
Missouri Voluntary redistricting Gov. Mike Kehoe (R) signed new map into law on Sept. 28, 2025 Legislature-dominant 6 R - 2 D
North Carolina Voluntary redistricting Legislature passed new map into law on Oct. 22, 2025 Legislature-dominant 10 R - 4 D
Ohio Required by law to redistrict Must pass new map by Nov. 20, 2025 Legislature-dominant 10 R -5 D
Texas Voluntary redistricting Gov. Greg Abbott (R) signed new map into law on Aug. 29, 2025 Legislature-dominant 25 R -12 D with 1 vacancy
Utah Subject to change due to litigation Must redraw by Nov. 10, 2025 Legislature-dominant 4 R - 0 D
Virginia Voluntary redistricting Virginia Democrats could propose a constitutional amendment for mid-decade redistricting Hybrid 6 D - 5 R

Virginia Question 1, Redistricting Commission Amendment (2020)

Question 1 transferred the power to draw both congressional and state legislative districts to a 16-member redistricting commission composed of eight legislators and eight citizens.[12][13]

Leaders of the legislature's two-largest political parties were to select members to serve on the commission. Using the membership in 2020 as an example, the commission's legislative members would have included two Senate Democrats, two Senate Republicans, two House Democrats, and two House Republicans. The commission's eight citizen members were to be recommended by legislative leaders and selected by a committee of five retired circuit court judges. Commissioners were to select one of the eight citizens to serve as chairperson of the redistricting commission.[12][13]

Question 1 was designed to require the following votes by the redistricting commission to pass district maps:[12][13]

  • Congressional: Approval by 12 commissioners, including 6 of 8 legislators and 6 of 8 citizens.
  • Virginia State Senate: Approval by 12 commissioners, including 6 of 8 legislators (with the support of 3 of 4 senators) and 6 of 8 citizens.
  • Virginia House of Delegates: Approval by 12 commissioners, including 6 of 8 legislators (with the support of 3 of 4 delegates) and 6 of 8 citizens.

The redistricting commission's maps were to be filed with the General Assembly, which would vote to pass the maps into law or reject them. The General Assembly was prohibited from amending the maps. If the General Assembly rejected a map, the redistricting commission was to design a new map. If the map was rejected again, the Virginia Supreme Court was to establish the districts.[12][13]

Question 1 established two criteria that the commission would use to draw districts: (1) districts need to be drawn in accordance with "the requirements of federal and state laws that address racial and ethnic fairness federal and state laws that address racial and ethnic fairness," including the Equal Protection Clause of the Fourteenth Amendment and provisions of the Voting Rights Act, and (2) districts need to "provide, where practicable, opportunities for racial and ethnic communities to elect candidates of their choice."

During the 2020 legislative session, the Virginia General Assembly passed bills that established criteria and standards in state code. The legislation included the following nine criteria: (1) proportional population; (2) adhering to federal and state requirements; (3) no denial or abridgment of the rights of citizens to vote, participate in the political process, or elect representatives of their choice on the basis of race, color, or language group; (4) providing racial and language minorities with equal opportunity to participate in the political process and not diluting or diminishing their ability to elect candidates of their choice; (5) preserving communities of interest; (6) contiguous territory; (7) compact territory; (8) does not unduly favor or disfavor any political party; and (9) population used in redistricting to be adjusted for incarcerated persons, counting them at their address at the time of incarceration.[14][15]

Path to the ballot

Amending the Virginia Constitution

See also: Amending the Virginia Constitution

A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. That amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

House Joint Resolution 6007 (2025)

Below is a timeline of the bill in the state legislature:[3]

  • October 23, 2025: Virginia House Speaker Don Scott (D-88) announced that lawmakers would meet on October 27 for a special session of the legislature.[16]
  • October 27, 2025: The Virginia General Assembly convened in a special session.[17] The House of Delegates adopted House Joint Resolution 6006 which allowed the legislature to consider a constitutional amendment about mid-decade redistricting.[18] Members of the House of Delegates approved the bill in a vote of 50-42.[18]
  • October 28, 2025: State Del. Rodney Willett (D-58) introduced House Joint Resolution 6007 (HJ 6007) to the state legislature. The House Privileges and Elections Committee voted 'yes' on the amendment in a vote of 12-9.
  • October 29, 2025: The state House approved the amendment in a vote of 51-42, with six members not voting. Fifty-one Democrats voted yes and 42 Republicans voted no; six Republicans did not vote. The Senate Privileges and Elections Committee voted 'yes' on the amendment in a vote of 8-6.
  • October 31, 2025: The state Senate approved the amendment in a vote of 21-16, with three senators not voting. Twenty-one Democrats voted yes and 16 Republicans voted no; three Republicans did not vote.


Virginia House of Delegates
Voted on October 29, 2025
Votes Required to Pass: 51
YesNoNV
Total51426
Total %52.5%42.4%6.1%
Democratic (D)5100
Republican (R)0426
Virginia State Senate
Voted on October 31, 2025
Votes Required to Pass: 21
YesNoNV
Total21163
Total %52.5%40.0%7.5%
Democratic (D)2100
Republican (R)0163

Virginia House of Delegates elections, 2025

See also: Virginia House of Delegates elections, 2025

Democrats expanded their majority in the Virginia House of Delegates on November 4, 2025, gaining 13 seats. Twelve Republican incumbents lost in Virginia, tying 2017 for the most incumbents defeated since 2011. Heading into the 2025 elections, Democrats had a 51-49 majority in the House.

Litigation

Ryan T. McDougle, et al. v. G. Paul Nardo et al.

  • October 28, 2025: A group of Virginia Republicans filed a complaint with the Virginia Circuit Court, claiming the speaker of the house does not have the authority to convene or expand the scope of a special session. State Sen. Ryan McDougle (R-26), state Sen. William Stanley (R-7), House minority leader Terry Kilgore (R-45), and Virginia Trost-Thornton, a member of the 2020 redistricting commission, filed the lawsuit.[19]
  • October 29, 2025: The Virginia Circuit Court denied the complaint and declined to issue a restraining order to stop the special session of congress. The Virginia Speaker of the House and the President Pro Tempore filed to intervene as defendants in the lawsuit.[19]

Christalyn M. Jett et al. v. G. Paul Nardo et al.

  • October 31, 2025: Jett and two other circuit court clerks sued Nardo and other leaders of the legislative assembly, stating that the legislature acted outside its authority when it extended the 2024 special legislative session to allow consideration of a constitutional amendment.[20]

External links

See also

2026 ballot measures

View other measures certified for the 2026 ballot across the U.S. and in Virginia.

Virginia ballot measures

Explore Virginia's ballot measure history, including constitutional amendments.

Legislative process

Understand how measures are placed on the ballot and the rules that apply.

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 Virginia State Legislative Information System, "Text of House Joint Resolution 6007," accessed October 28, 2025
  2. ↑ Virginia Legislative Information System, "Code of Virginia, title 30, Chapter 1, Section 13," accessed October 29, 2025
  3. ↑ 3.0 3.1 3.2 Virginia State Legislative Information System, "Overview of House Joint Resolution 6007," accessed October 28, 2025
  4. ↑ 4.0 4.1 Office of the Attorney General Virginia, "Letter from Attorney General Miyares to State Delegate Terry Kilgore," accessed October 28, 2025
  5. ↑ Cardinal News, "Proposed constitutional amendment would bypass redistricting commission if other states redraw their lines, which they have," accessed October 29, 2025
  6. ↑ 6.0 6.1 Maryland Matters, "Va. Democrats roll out redistricting amendment to counter GOP map changes in other states," accessed October 29, 2025
  7. ↑ Commonwealth of Virginia Division of Legislative Services, "2026 Session Prefiling Schedule," accessed October 29, 2025
  8. ↑ Virginia Legislative Information System, "Code of Virginia, title 24.2, Chapter 6, Section 82," accessed October 30, 2025
  9. ↑ Virginia Department of Elections, "2025-2029 Schedule of General Elections," accessed October 29, 2025
  10. ↑ National Conference of State Legislatures, "2026 Candidate Filing Deadlines," accessed October 29, 2025
  11. ↑ 11.0 11.1 Note: This text is quoted verbatim from the original source.
  12. ↑ 12.0 12.1 12.2 12.3 Virginia General Assembly, "House Joint Resolution 615," accessed February 25, 2019
  13. ↑ 13.0 13.1 13.2 13.3 Virginia General Assembly, "Senate Joint Resolution 306," accessed February 3, 2019
  14. ↑ Virginia General Assembly, "House Bill 1255," accessed May 21, 2020
  15. ↑ Virginia General Assembly, "Senate Bill 7171," accessed May 21, 2020
  16. ↑ Virginia Mercury, "House Speaker calls Virginia lawmakers back to Richmond as possible redistricting fight brews," accessed October 28, 2025
  17. ↑ Loudon Now, "General Assembly Opens Special Session to Consider Redistricting Amendment," accessed October 28, 2025
  18. ↑ 18.0 18.1 Virginia State Legislative Information System, "Overview of House Joint Resolution 6006," accessed October 28, 2025
  19. ↑ 19.0 19.1 Democracy Docket, "Virginia Congressional Redistricting Challenge," accessed October 29, 2025
  20. ↑ Democracy Docket, "Virginia Congressional Redistricting Challenge (Jett)," accessed November 3, 2025
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