Special session update: Redistricting

Special Session Update

As you may know, the General Assembly convened this week for a special session to begin the process of potentially allowing lawmakers to redraw Virginia's congressional district boundaries. We want to provide our supporters with factual information about what is — and isn't — happening.

Background

The national political landscape around redistricting has shifted dramatically in recent months, with Republican-led states conducting mid-decade congressional redistricting to potentially gain electoral advantages ahead of the 2026 midterms. This has prompted some Democratic-controlled states, including California, to consider or pursue similar measures. Now the conversation has come to Virginia.

What is in the legislation

House Joint Resolution 6007, introduced by Del. Rodney Willett, D-Henrico, proposes a narrow amendment to the constitution: it would give the General Assembly explicit authority to modify congressional districts outside the standard decennial redistricting cycle, but only under specific circumstances and only through October 31, 2030.

The provision would only be triggered if another state conducts mid-decade redistricting for reasons other than complying with a court order to remedy an unlawful map. Democrats cite Republican-led redistricting efforts in states like Texas, Missouri, and North Carolina as the reason for this consideration. This approach is similar to California's recent Proposition 50, the “Election Rigging Response Act.”

What is NOT in the legislation

Importantly, this resolution does not eliminate or modify Virginia's existing bipartisan redistricting commission, which would continue to be tasked with drawing districts in response to the decennial census. Democratic state Sen. Schuyler VanValkenburg recently confirmed to VPM and the Associated Press: "I think the commission is going to stay. It's going to exist, because I'm not going to vote to get rid of the commission." 

The resolution also does not impact state legislative districts; it only applies to Congressional lines.

Further, while some media reports made the implication that new Congressional district lines would be drawn during this session, that is not accurate. This session is the first of many steps needed to pass a constitutional amendment.

The legal timeline ahead

It should be noted Republicans have questioned whether this special session meets constitutional requirements for occurring "prior to" a House election, given that early voting is already underway. Attorney General Jason Miyares recently released an opinion that could affect the timeline for this process. 

In a letter to House Minority Leader Del. Terry Kilgore, Miyares argued that the "next House of Delegates election" is in 2027, not November 4, because the current election cycle is already underway. 

"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," Miyares wrote. His opinion is not legally binding, but it establishes an argument if Republicans challenge the process in court. Democrats dispute this interpretation.

What’s more, several GOP legislators filed a lawsuit in an attempt to prevent the General Assembly from taking up HJR6007 this week, but it was ultimately denied. There are other outstanding lawsuits that could still determine the outcome of this amendment.

The procedural timeline ahead

To amend the constitution, the General Assembly must pass the proposal twice, with a House of Delegates election in between, before it goes to Virginia voters for a referendum. If lawmakers vote to advance the amendment this week before the November 4 elections, they could vote again during the January legislative session. If both votes pass identically, a referendum could be held within 90 days. Only after voter approval could any actual redistricting occur — potentially as early as April 2026. 

As of today, 10/29, the House of Delegates has passed HJR6007 and it has moved on to the Senate, where the Privileges and Elections Committee passed it along party lines. The resolution will now move to the full Senate.

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This is a rapidly evolving situation, and details may change as the special session progresses. We will continue to monitor developments and keep our supporters informed as new information becomes available.