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Four Democrats in the House of Delegates have filed a proposed constitutional amendment that explicitly addresses the nationwide gerrymandering movement, which would allow the General Assembly to counter the movement to create more Republican-leaning congressional districts ahead of the 2026 federal midterm elections.
The draft amendment for HJ6007 can be found here. Its text authorizes the General Assembly to redraw congressional districts itself "in the event that any other state conducts a redistricting of the state's congressional districts outside of the standard decennial redistricting cycle."
Virginia is one of a growing number of states preparing to hold federal midterm elections with redrawn congressional districts. Texas was the first and drew five districts to favor GOP candidates after President Donald Trump pushed for new, Republican-friendly maps. California voters will consider a proposal that would negate that addition in the Democrat-led state.
The draft text appears to address the uphill battle Democrats would've had to revise, replace or repeal a popular 2020 constitutional amendment. Then, Virginia voters approved a constitutional amendment by a roughly two-to-one margin to have a commission of citizens and lawmakers from both parties draw the commonwealth's election maps every 10 years.
But the body gridlocked over and over again, forcing the Supreme Court of Virginia to appoint two political experts to draw maps, which the amendment had as a backstop, in time for the 2023 election that gave Democrats narrow control of both General Assembly chambers.
Details had been scant on the 2025 amendment since Democratic leadership called legislators back to Richmond on Thursday, Oct. 23. The rough timeline legislators have provided estimates final passage of the amendment by Halloween.
Monday when reporters asked Willett about the resolution's details, he responded, "maybe the most important point to make here is what the resolution is not going to do."
"This resolution is not going to abolish the commission that was created through the earlier constitutional amendment. We are still going to have a commission," said Del. Rodney Willett (D-Henrico), one of the bill's patrons. "This is going to give us options — and an option that could or could not be exercised. That question is actually going to be left to the voters."
Should Virginia Democrats succeed in passing the draft this week, next year's General Assembly would need to pass the draft amendment early in the session so voters can approve the amendment in time for the 2026 midterms. As VPM News has previously reported, amendments to the Virginia Constitution require two passages by simple majority in the General Assembly, with an election between them, before they are either ratified or rejected in a ballot referendum.
Republicans in the statehouse have already floated legal challenges.
"Not to tip our hand on what we're doing legally, but there's a plan for what we're doing," House Minority Leader Terry Kilgore (R–Gate City), a practicing criminal and civil attorney, said on Monday. "We'll continue to fight that battle in the courts if there is such a battle."
Attorney General Jason Miyares issued a nonbinding opinion to Kilgore on Tuesday, which is essentially legal advice or guidance, saying that the current process is unconstitutional. Miyares is currently mounting his reelection bid to stay in office.
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