The Virginia General Assembly is considering a constitutional amendment that would allow the legislature to conduct mid-decade congressional redistricting through 2030. For voters to weigh in on the amendment before the next U.S. House primary elections, a special election would be required. The last time Virginia held a special election for a state ballot measure, one not consolidated with a general election, was in Jan. 1956.

House Joint Resolution 6007

House Joint Resolution 6007 (HJ 6007) would permit the state legislature to conduct congressional redistricting in between occurrences of the 10-year federal census if another state first participates in congressional redistricting.

Because Texas, Missouri, and North Carolina have already enacted new district maps in 2025, HJ 6007 would allow the state legislature to conduct mid-decade redistricting before the next scheduled commission-led process in 2031. The amendment specifies that any such redistricting must occur between January 1, 2025, and October 31, 2030.

Currently, the Virginia Constitution requires congressional redistricting every ten years and establishes a 16-member bipartisan commission to draw new congressional maps. The proposed constitutional amendment would not abolish this commission but would allow the state legislature to amend congressional maps at any time through October 2030. Voters approved Question 1, creating the commission, in 2020.

State Del. Rodney Willett (D-58) introduced HJ 6007. He said, "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."

State Del. Marcia Price (D-85) said the amendment is a response to redistricting in other states. She stated, "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."

U.S. Rep. Morgan Griffith (R-9) disagreed, saying, “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." 

State Sen. Chris Head (R-3) said, "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."

Constitutional amendment process in Virginia

In Virginia, the General Assembly must approve a constitutional amendment during two consecutive legislative sessions, with a legislative election taking place between those sessions. A simple majority vote (50% plus 1) is required in the House and Senate during each session.

Statute also requires the circuit court clerks to post constitutional amendments not later than three months before the "next ensuing general election of members of the House of Delegates."

An election is then held on the constitutional amendment, with a simple majority of voters either approving or rejecting it.

First legislative session

The constitutional amendment was introduced on Oct. 28, 2025. On Oct. 29, the Virginia House of Delegates approved HJ 6007 in a 51–42 vote, with six members not voting. The vote split along party lines, with Democrats in support and Republicans opposed. As of Oct. 29, 2025, the state Senate had not voted on the amendment.

Between legislative sessions

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

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.” 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." Jay Jones (D), candidate for attorney general, said Miyares was "attempting to block a fair, legal process that would return power to Virginians."

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."

Second legislative session

If the state House votes along party lines in the 2026 legislative session, as it did on October 29, Democrats would need to maintain control of the House of Delegates after the Nov. 4, 2025, election to pass the amendment again. Heading into that election, Democrats hold a 51–48 majority in the House, with all 100 seats up for election.

The Virginia General Assembly is set to convene for the 2026 legislative session on Jan. 14, 2026. The state legislature could approve the amendment for a second time on that date and place it on the ballot.

Election

Virginia law mandates the timing and scheduling of special ballot measure elections. The state constitution authorizes the General Assembly to set the date of a ballot measure election “in such manner as it shall prescribe,” but not earlier than 90 days after the measure’s approval. If the legislature acts on January 14, the earliest possible election date would be April 14.

State law provides that a special election cannot be held within 55 days of a general or primary election, nor on the same day as a primary election. Virginia’s 2026 primary is scheduled for June 16, making April 22 the latest possible date that would meet the 55-day requirement.

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. If the constitutional amendment is approved and new maps are to take effect for the 2026 congressional elections, that deadline would need to be postponed.

The last special election for a state ballot measure in Virginia was on January 9, 1956, when voters approved a limited constitutional convention to revise Section 141 of the Virginia Constitution, allowing the General Assembly and local governments to use public funds to provide tuition grants for students attending nonsectarian private schools.

New congressional maps

In addition to approving the constitutional amendment, which requires voter approval, the legislature would also need to pass separate legislation to establish a new congressional district map.

Before voters created the redistricting commission in 2020, the governor could sign or veto a redistricting bill. The proposed constitutional amendment would retain the provision stating that any reapportionment law “shall take effect immediately.”