The already-suspenseful statewide elections underwent a new “October Surprise” late last week when Virginia Democrats suddenly announced their plans to hold a special session of the General Assembly that began on Monday, October 27.
For the Democrats, their stated goal is to draw new lines for Virginia’s eleven Congressional districts.
This change would require a new state constitutional amendment, and the Constitution of Virginia requires the General Assembly to approve a new amendment twice, with an intervening election.
This rather cumbersome process provides checks and balances, makes it harder to place amendments on the ballot, and lets voters hold their representatives accountable for how they vote on the proposed amendment. The Democrats’ plan is to approve the amendment now, before Election Day on Nov. 4, and pass it again in a second vote in early 2026. That would allow them to redraw the state’s congressional lines before the 2026 midterms in a way that would force Republicans to possibly lose as many as three or four seats in Virginia.
Democrats contend that “November 4 is Election Day,” so holding their General Assembly vote now is legitimate.
Democrat ire comes from Texas and North Carolina, which recently redrew some of their congressional seats in ways that many believe will help Republicans and hurt Democrats. This process is called gerrymandering. Thus, they counter, they too can and should redraw lines to help their party here.
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.”
Here in the Old Dominion, Republicans decry the measure on several grounds. One, by calling a special session now, it forces Lt. Gov. Winsome Sears to return to Richmond and thus keeps her off the campaign trail a week before Election Day. Two, Republicans counter that since early voting began in September, this election is close to being over, so the special session is not meeting the “before an election” criteria. Three, Virginians voted by almost a two-to-one margin recently for a state constitutional amendment to put redistricting in the hands of a nonpartisan commission, instead of whatever party happens to be in power at the time. Thus, they see this latest movement as both unconstitutional and disenfranchising the million-plus Virginians who voted for that amendment. And four, when the General Assembly met on October 27, Democrats held the microphone for hours and did not let any Republicans speak.
Sen. Chris Head (R-Botetourt County) called the redistricting scheme “Trump derangement syndrome on a level that is just breathtakingly, blatantly political and honestly idiotic.”
“It’s a dumb thing to be doing,” he added. “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.”
Attorney General Jason Miyares, a Republican running for re-election against scandal-plagued Jay Jones, on October 28, responded to a question about this by issuing the following news release.
Attorney General Miyares Issues Opinion on Partisan Effort to Amend Redistricting Process
Richmond, Va. — Attorney General Jason Miyares issued an opinion today explaining that the constitutionally required process to amend the Constitution cannot be short-circuited by a last-minute vote of the General Assembly taken during an ongoing election.
To pursue a constitutional amendment, the General Assembly must twice approve a proposed amendment with an intervening election between those approvals. That intervening election ensures that the people of Virginia can hold their representatives accountable for how they vote on a proposed amendment.
“The Virginia Constitution is clear and it ensures that the voice of the people of Virginia is paramount when trying to change the terms of our governing document,” said Attorney General Jason Miyares. “This last ditch effort by politicians to hijack the redistricting process (and avoid accountability for doing so) is precisely why I supported the Nonpartisan Redistricting Commission as a delegate. Keeping politics out of the process was the right thing to do then, and I strongly believe that it is the right thing to do now, especially given that approximately a million Virginians have already voted without the advantage of even having read the proposed constitutional amendment.
“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.”
Today’s opinion confirms that political actors in the General Assembly cannot sidestep that constitutional accountability by attempting to use an already ongoing election, in which approximately a million Virginians have already voted, as the required intervening election.
The opinion can be read HERE.
– Scott Dreyer
