Dems release redistricting amendment: What’s the process of getting it passed?

RICHMOND, Va. (WRIC) -- With the Virginia General Assembly debating redistricting, do you actually know the process for how Virginia may redraw its congressional maps? 

It’s complicated, but below, we’ll try and explain. 

Currently, there’s language in the Virginia Constitution that tasks a bipartisan commission with redrawing Virginia’s congressional maps every ten years at the beginning of each decade after a new census is completed.

However, to redraw the maps ahead of the midterms, a constitutional amendment will need to be ratified to give lawmakers the ability to redistrict mid-decade. 

That amendment, which was released in the afternoon on Tuesday, Oct. 28, would keep the commission, but give the General Assembly the power to redraw the maps mid-decade through 2030 because other states like Texas and California have already done the same. 

Passing that amendment, however, will be complicated. 

That’s because the Virginia Constitution requires the General Assembly to pass proposed constitutional amendments two separate times, with a House of Delegates election in between. 

Democrats believe that means, if lawmakers want to redistrict ahead of the 2026 midterms, they’ll have to pass the amendment before next week’s House of Delegates elections, and again after the election during next year’s General Assembly session.

If lawmakers do pass the amendment according to that timeframe, it would then be considered by voters via a referendum. If voters approve, lawmakers can then actually redraw Virginia’s congressional districts ahead of the 2026 midterms.

However, further complicating matters is the fact that Virginia Attorney General Jason Miyares (R) issued an official opinion saying that because early voting is already underway, the 2025 House of Delegates election is already underway, meaning there is no way for the amendment to be passed between House of Delegates elections in time for the 2026 midterms. 

Miyares said, “Allowing an amendment to be proposed and approved while a general election is underway undermines the voice of Virginia voters and violates foundational principles of Virginia constitutional law.”

Democratic Senate Majority Leader Scott Surovell responded on X, saying, “Miyares has committed attorney general malpractice, abused his office for partisan gain and been wrong about dozens of other legal calls in the last four years so why not add more to the list as he wraps up?"