The Democratic-controlled legislature aims to vote this week to set into motion a constitutional amendment that would allow for Virginia's congressional map to be redrawn before the 2026 elections.
The text for a proposed constitutional amendment that would allow the legislature to redraw Virginia's congressional maps was released Tuesday, the second day of the General Assembly's special session centered on the effort.
The measure, championed by Del. Rodney Willett, D-Henrico County, would provide "explicit authority" to the General Assembly to modify one or more congressional districts outside of the standard 10-year redistricting cycle.
Trigger language is included in the legislation that allows 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 has scheduled a referendum to do so on Nov. 4.
The Virginia constitutional amendment 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 January 1, 2025, and October 31, 2030, in response to actions taken by another state within that same time frame.
The legislation does not mention and would not abolish the bipartisan redistricting commission, which was established through an earlier constitutional amendment, Willett said.
The effort to allow Virginia to redistrict its congressional map comes on the heels of similar efforts in Texas, California and North Carolina and a handful of other states across the country. The effort began in Texas after President Donald Trump pushed the state's Republicans to redraw their congressional maps to create more GOP House seats in an effort to help the party maintain control of the House of Representatives after the midterm elections.
Senate Majority Leader Scott Surovell, D-Fairfax County, called the redistricting bill a "measured response to what's going on nationally."
"It is an effort to give us an option in January to act if Trump and his allies continue to usurp American democracy," he added.
Sen. Chris Head, R-Botetourt County, called the redistricting effort "Trump derangement syndrome on a level that is just breathtakingly, blatantly political and honestly idiotic."
"It's a dumb thing to be doing," he 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."
Virginia last redrew its congressional map in 2021.
Sen. Mark Peake, R-Lynchburg, said during a phone interview on Tuesday that a lawsuit is likely if the legislation passes and if Democrats maintain control of the House of Delegates and the governor's seat. Peake is chairman of the state Republican Party.
"It's unconstitutional, what they're trying to do," he said. Peake asserted that there is no intervening election between now and the midterm elections.
That assertion has been a common refrain among Republicans regarding the redistricting effort via constitutional amendment. In order for a constitutional amendment to be adopted, it must pass the General Assembly twice with an intervening House of Delegates election before it's brought before the voters in a referendum.
Republicans have argued that the 2025 election is already underway and has been for weeks because early voting started in September, and therefore the next intervening election will not take place until 2027, after the midterm elections.
Attorney General Jason Miyares, a Republican, concurred in an advisory opinion issued on Tuesday.
"Because a general election of delegates is already underway, the November 4th culmination of this 2025 election cannot be deemed to be the 'next general election.' It is the current general election," Miyares wrote.
Sen. Creigh Deeds, D-Charlottesville, said that litigation can be expected any time redistricting is taken up.
"Under the law it's clear that Election Day is Election Day, the election occurs in November," he said. "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."
Republican Gov. Glenn Youngkin issued a letter to state senators on Tuesday that lambasted the redistricting effort as a "shameless 11th hour political power grab and attempt to distract voters from the issue at hand in the current election."