Here's what Virginia Democrats are proposing to secure more seats in Congress

Kate Seltzer, The Virginian-Pilot on Oct 30, 2025

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RICHMOND, Va. — The state Senate is expected to pass a resolution Friday that would allow, by constitutional amendment, the legislature to redraw congressional maps if other states redistrict first.

The House approved the resolution Wednesday and the Senate action is the last step in advancing the constitutional amendment before Tuesday’s election. If it passes, Democrats, who control the legislature, will try to pass it again when the General Assembly reconvenes in January.

Once a proposed constitutional amendment is passed by the legislature twice, with a House of Delegates election in between, Virginians would be asked to decide on a yes or no vote if they want to adopt the amendment into the state’s constitution. It’s unclear how soon that referendum could appear on a future statewide ballot. The congressional midterm elections are November 2026.

Currently, congressional redistricting happens every 10 years following the federal census. In 2020, voters elected to an adopt an amendment that took the redistricting process out of the legislature’s hands, instead appointing a bipartisan redistricting commission that was tasked with coming up with new congressional maps. But the commission was unable to come to an agreement, and the Virginia Supreme Court ultimately decided on the current congressional districts. Democrats hold six of Virginia’s 11 House seats.

The proposed constitutional amendment specifies the legislature, not the bipartisan redistricting commission, can modify districts mid-decade if any other state redistricts outside the decennial Census process or court-mandated redistricting.

The amendment would only be in effect from Jan. 1 of this year to Oct. 31, 2030, based on actions by other states in the same timeframe. But the “trigger” language has already been pulled. Republican-led redistricting in states like Texas at the behest of President Donald Trump and Democratic-led redistricting in states like California in response would meet the qualifications to allow Virginia to redistrict.

Legal challenges

On Wednesday, Republican lawmakers, including Senate Minority Leader Ryan McDougle and House Minority Leader Terry Kilgore, and a member of the redistricting commission filed a lawsuit asking a judge to order a pause on any actions coming out of the reconvened 2024 special session. The judge denied that restraining order, but set a hearing on the subject for the day after Election Day.

Democratic lawmakers say that because the 2024 special session, initially called to work on the budget, never officially gaveled out, it can be reconvened to take up legislation. That’s why they’re keen to pass the amendment this week before Election Day.

If it passes Friday and again in January, Democrats say that will technically be two different legislative sessions separated by an election. On Monday, the House voted to change the rules of the 2024 special session so it could consider other topics, including redistricting. The Senate passed the House’s version of that resolution Wednesday.

But the lawsuit makes the case that only the governor can call a special session, and therefore, anything done this week should be voided.

Republican Attorney General Jason Miyares, who is running for reelection, issued an advisory opinion stating the constitutional amendment cannot go through because the election for House of Delegates is already underway. He cited the 45-day early voting period which began Sept.19.

“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,'” he wrote. “It is the current general election. I therefore conclude that the next general election of the members of the House of Delegates for purposes of amending Virginia’s Constitution will be in 2027, two years from the ongoing 2025 general election.”

Advisory opinions are an analysis based on current law and do not change or create new law. Jay Jones, the Democrat running for attorney general, said in a statement that he would “reverse” Miyares’ opinion.

“Trump has been pressuring Republicans nationwide to rig redistricting in his favor,” Jones wrote. “Now, Jason Miyares is attempting to block a fair, legal process that would return power to Virginians, doubling down on his fealty to Donald Trump and his MAGA agenda.”

The Jones campaign did not weigh in on the underlying legal arguments for why redistricting should be allowed.

Regardless of the outcome of next week’s hearing, new maps are likely a ways off.

“(Democrats) want the United States House back,” said U.S. Rep. Jen Kiggans, who spoke at an event with the Virginia Republican congressional delegation at the Virginia Capitol on Monday. “We’re not going to give it to them without a very big fight, which is why we are all here in person. There’s a lot of involvement with the courts. The courts will definitely have their say.”

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