House of Delegates passes 4 constitutional amendments on the first day of the 2026 General Assembly session

Virginia’s redistricting effort was among the four constitutional amendments to clear their second legislative hurdle on Wednesday, the first day of the 2026 General Assembly session. 

The House of Delegates passed the amendments on largely party-line votes. The amendments are expected to go to a vote in the state Senate on Friday. They are slated to come before Virginia’s voters in a referendum later this year.

Those amendments are HJ 1, which would enshrine access to abortion in the constitution, passed 64-34; HJ 2, which would restore voting rights to formerly incarcerated people, passed 65-33; and HJ 3, which would protect same-sex marriage in Virginia, passed 67-31. The most controversial may be the newest of the group, however. 

That amendment, HJ 4, would allow the General Assembly to conduct an unprecedented mid-decennial redraw of its congressional district map ahead of the 2026 midterm elections. It passed 62-33. 

Democrats have called the redistricting effort necessary, after Republican President Donald Trump called on conservative-led states to redistrict their congressional maps in favor of GOP candidates ahead of the 2026 midterm elections. Virginia Republicans have questioned the legality of the redistricting effort in the commonwealth and have filed lawsuits aimed at halting the process. 

Sen. Aaron Rouse, D-Virginia Beach, chair of the state Senate Privileges and Elections Committee, said on Wednesday that HJ 4 is necessary to maintain “free and fair elections,” during a press conference on Wednesday. 

“Free and fair elections are the cornerstone of our democracy but right now that is under threat,” he said. “This amendment is a temporary, a temporary, emergency exception that gives Virginians a crucial voice and meets the needs of the current moment while ensuring that Virignia’s bipartisan redistricting process will resume after the 2030 Census.”

Minority Leader Terry Kilgore, R-Scott County, spoke against the amendment on the House floor. 

“Is it worth it, to throw out the ‘Virginia way’ here, just because of what’s going on in other states?” he said. “This is not the way we need to be going.”

When will maps be made available and when will the amendments go before the voters? 

Voters can expect to see the first three amendments, HJ 1, HJ 2, and HJ 3, on the ballot in November. Redistricting, however, will be brought to Virginians in a special referendum likely in April, Del. Cia Price, D-Newport News, said. Price is the chair of the House of Delegates’ Privileges and Elections Committee. 

“Virginia does not exist in a vacuum and of course issues that exist at the federal level do impact us,” she said of HJ 4. “No one wanted to have to take this kind of action. We have stood for fair redistricting for years, but because of states like Texas, North Carolina and maybe even Florida, answering Trump’s call for more seats, Virginia literally cannot afford to let the system continue to be rigged.”

The House voted on the constitutional amendments on Wednesday and the Senate is expected to vote on the four pieces of legislation Friday after the bills are read three times in the higher chamber. 

Virginia would see a modified schedule for its primary elections, normally slated for June, if voters approve the redistricting measure, and the Nov. 4 elections would take place as currently scheduled, Price said. 

New maps will be available by Jan. 30 for voters to see, Price said. Some Democratic lawmakers have posted their intention to draw maps that would favor a 10 Democrat to 1 Republican congressional delegation. If that were to come to fruition, Reps. John McGuire, of Goochland County, who represents the 5th District, and Ben Cline, of Botetourt County, who represents the 6th District, could be in danger of losing their seats. Both the 5th and 6th congressional districts are considered Republican strongholds as the maps are currently drawn. 

Del. Rodney Willett, D-Henrico County, who is carrying the redistricting amendment, said he has not talked to Gov.-elect Abigail Spanberger about the effort. The governor-elect may have to sign off on a piece of legislation to call the referendum. Spanberger’s office did not respond to a request for comment on the redistricting effort. 

“I think they’re really supportive of the process we’re going through particularly given what’s happening nationally,” Willett said. “None of us want to be here having to do a constitutional amendment to react to what other states are doing, but it’s what they’ve done to us; they’ve taken away the power of the voters. I can certainly speak for myself and my voters, and they’re concerned about losing that vote, and I think the governor feels the same way.”

Redistricting would need to be completed no later than 90 days before the Nov. 4 election. 

Legal challenges to the redistricting amendment

General Assembly Republicans filed a complaint — and a request for an emergency injunction while they wait for a hearing — in Tazewell County Circuit Court in October. Their request seeks a judgment on the constitutionality of Democratic legislators’ effort to redraw Virginia’s congressional maps outside of the normal 10-year period. 

Tazewell County Circuit Court Chief Judge Jack Hurley Jr. declined a request from the lawmakers for an emergency injunction that would have halted the General Assembly’s proceedings during October’s special session until the plaintiffs’ complaint is heard in court.

Hurley again declined to issue an injunction on Tuesday, stating that he cannot issue a ruling on the redistricting effort until the General Assembly has completed its action. 

“I guess they’ll be going back to the court again,” Kilgore said Wednesday of the judge’s decision. 

The question at the center of the court case is whether the 2025 election was ongoing at the time when the General Assembly first passed the redistricting constitutional amendment during the October special session. Early voting for the 2025 election had begun on Sept. 19. 

A constitutional amendment must pass the General Assembly twice, with an intervening election between the two votes, before it goes to the voters in a referendum. 

“We’re not a 10-1 state, we’re not a 9-2 state, we’re a close 6-5 and some of those congressional seats are very competitive,” Kilgore said. “The president is going to change, Congress is going to change, but we as Virginians need to protect Virginia values.”

What is in the redistricting constitutional amendment? 

Trigger language is included in HJ 4 to allow for off-schedule redrawing of Virginia’s congressional map to take place only if another state in the U.S. has undergone redistricting outside of the standard cycle or for any purpose other than complying with a state or federal court order to remedy an unlawful or unconstitutional district map.

Several Republican-controlled states have already done so, starting with Texas, followed by Missouri and North Carolina. Democratic-controlled California passed its referendum to do so on Nov. 4.

Virginia’s effort, HJ 4, comes with an expiration date, however. It limits the ability of the General Assembly to redistrict the state’s congressional maps to roughly five years: between Jan. 1, 2025, and Oct. 31, 2030, in response to actions taken by another state within that same time frame.