The proposed constitutional amendment, released around 3:30 Tuesday afternoon, instructs Virginia’s legislature to redraw maps that are quote “contiguous and compact” and give quote “as nearly as is practicable, representation in proportion to the population of the district.”
The maps will have to follow federal and state laws around racial and ethnic fairness, as well as adhere to the U.S. Constitution’s equal protection clause.
But, Congressional districts may be redrawn if any other state redraws their districts before the usual decennial redistricting timeline. That's what's happening in Texas, North Carolina and other states.
Before the language was released, Virginia Attorney General Jason Miyares released an opinion doubting the legality of the amendment.
House Democrats have yet to respond, but Senate Majority Leader Scott Surovell doubted the opinion.
The amendment also only lasts until 2030, returning the process to its bipartisan redistricting commission in time for the 2031 redraw.
The bill’s language will now go through the legislative process starting Wednesday afternoon in the House. A committee hearing with public comment is expected after a brief floor session.
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Before the language was released Tuesday afternoon, senators argued over the motives behind the special session.
Five years ago, Republicans and Democrats agreed that partisan redistricting should be a thing of the past. They created a new commission and a judicial special master system to take the politics out of mapmaking.
Republican Senator Ryan McDougle says that changed how people had approached redistricting for centuries.
"It was politics. Everybody was trying to get the partisan advantage," McDougle said of the old process. "But then we said let's do it differently. Let's try to take that partisanship out of play. It was a hard-fought battle in the House and Senate. But that bill passed this body 38 to two."
Now Democrats want to sideline that system and draw new maps that will help them gain seats in the House of Representatives.
Senate Majority Leader Scott Surovell says new congressional maps are necessary to fight overreach from the Trump administration.
"Our state, in June of 1776, declared its independence from this exact kind of tyranny. This body was created to fight that kind of tyranny. We have a duty and a responsibility to stand up when democracy is not being protected," Surovell argued.
After the special session, Democrats plan on passing the proposed amendment again during the General Assembly session and then hold a special statewide referendum in April or May, which would give them enough time to have new maps in time for mid-term elections in November 2026.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
