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Virginia’s Constitution Is Not a Suggestion: An Analysis of the Unconstitutional Redistricting Scheme

11 0
01.05.2026

The attempt to shut conservatives out of the midterm elections in Virginia is becoming the most consequential redistricting fight in the country.

The newly approved map is devastating to the integrity of the vote – giving 51 percent of the electorate 91 percent of the representation in Congress – moving the state further left than California. 

Virginia’s Constitution is not ambiguous – it sets strict guardrails for how it can be changed, ensuring voters – not politicians – have the final say. Yet in advancing HJR 6007, those safeguards appear to have been bypassed. These are the issues at the heart of this challenge – and they go directly to whether the process was constitutional.

The “Intervening Election” Requirement Was Not Met

Virginia’s Constitution is explicit: A proposed constitutional amendment must be “referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates.” That language exists for a reason. It ensures that voters – not just legislators – have a say before their fundamental law is changed. An election must actually intervene between the two legislative votes. Here, it did not.

The General Assembly took its first vote on HJR 6007 on October 31, 2025. But here is the problem: Early voting for the 2025 House of Delegates elections began 43 days earlier on September 19. By the time legislators voted, over one million Virginians – approximately 40 percent of the total........

© Townhall