Richmond, VA – Governor Abigail Spanberger added an emergency clause to the amendment, signed on February 6, 2026, making it effective immediately rather than waiting for the usual July 1 start date. This means the amendment is now officially in effect, though legal challenges may continue.
Typically, emergency clauses require a supermajority (4/5) vote in the General Assembly, but the legislature passed it on party-line votes, a move opponents say may be subject to judicial review.
Virginia’s approach to congressional redistricting has long been considered a model for bipartisan fairness — but the state now faces a high-stakes controversy over a proposed mid-decade redistricting amendment. With early voting underway and the statewide referendum set for April 21, 2026, Virginians are weighing whether to keep the independent redistricting system or allow the General Assembly to redraw congressional maps ahead of the next census.
In November 2020, voters approved a constitutional amendment creating a 16-member bipartisan redistricting commission. The commission, composed of eight legislators (four Democrats, four Republicans) and eight citizen members selected by judges, was tasked with drawing both congressional and state legislative districts.
The goal: reduce partisan gerrymandering and ensure fair representation. The amendment passed with about 65% of the vote, marking a major change in Virginia’s electoral process.
The commission submitted proposed maps to the General Assembly in 2021. After debate and revisions, these maps were approved and used in the 2022 elections, largely preserving political balance while aiming for fairer districts.
Virginia normally redraws districts every 10 years, following the U.S. Census, to account for population changes. This decennial process ensures “one person, one vote” and avoids frequent, confusing changes in representation.
After observing partisan redistricting battles in other states, some Virginia Democrats proposed a constitutional amendment allowing mid-decade congressional redistricting. Supporters argue this would protect Virginia from extreme partisan mapmaking. Critics warn it could undermine the bipartisan system approved by voters in 2020 and favor one party over another.
Groups supporting the amendment include Virginians for Fair Elections and national Democratic-aligned nonprofits, which have spent millions on advertising and organizing efforts. Opponents, organized as No Gerrymandering Virginia, include bipartisan reform advocates and former legislators concerned about preserving the independent commission and public trust.
The referendum faced immediate legal challenges. A lower court initially blocked it, citing procedural concerns. On February 13, 2026, the Virginia Supreme Court cleared the way for the referendum, allowing early voting to start in March, though it did not resolve all legal questions surrounding the amendment.
