Virginia Weighs New Authority for General Assembly to Modify Congressional Districts

Lawmakers in the Virginia General Assembly have advanced a proposed constitutional amendment that would give the legislature limited power to modify congressional district maps outside the standard ten-year redistricting cycle.

House Joint Resolution 4 (HJ4), introduced by Delegate Rodney Willett (D-Henrico), is a second reference amendment, having already passed both chambers during the 2024 Special Session I. If it passes again this year, it will appear on the statewide ballot in November 2026 for final voter approval.

The resolution seeks to amend Section 6 of Article II of the Virginia Constitution, which governs the drawing of electoral districts. Under current law, congressional and legislative districts are redrawn once every 10 years, after the U.S. Census, through a decennial reapportionment process. HJ4 would allow the General Assembly to revise only congressional districts, under very specific conditions, before the next census.

According to the proposed amendment, the General Assembly would be permitted to make changes only if another state conducts redistricting outside of its normal cycle and not as a result of a court order or decennial reapportionment. The goal, supporters say, is to preserve competitive balance and representation if other states act unilaterally to affect federal elections.

The amendment would not apply to redistricting for Virginia’s state Senate or House of Delegates. It is focused solely on congressional districts — the 11 seats Virginia holds in the U.S. House of Representatives.

“This is a narrow and time-limited authority meant to respond to developments in other states,” said Del. Willett when presenting the bill during the previous session. “We don’t want to be caught flat-footed if other states redraw their lines in ways that affect national representation.”

The measure includes a sunset clause in a proposed new section of the Constitution’s Schedule. The authority to modify congressional districts would apply only between January 1, 2025, and October 31, 2030, and only in response to similar actions taken by other states during that same period.

Legal experts say the amendment is unusual but not unprecedented. While most states limit redistricting to the post-census period, some have considered more flexible approaches in response to shifting political landscapes or court rulings.

Supporters argue that the provision would give Virginia a mechanism to respond if other states redraw maps in ways that significantly shift the balance of congressional representation mid-decade.

Critics have raised concerns about opening the door to redistricting beyond the established cycle. Some warn that it could erode public trust in the process or invite political gamesmanship.

The proposal was referred to the House Committee on Privileges and Elections, where it moved forward with backing from a broad group of Democratic patrons.

To take effect, HJ4 must pass both chambers of the General Assembly again during the 2026 session. If approved, it will appear on the November ballot for a statewide referendum. A simple majority of voters would be required to ratify the change.