Virginia Democrats in the General Assembly passed a constitutional amendment referendum in October 2025 and again in January 2026 — the two separate legislative approvals Virginia requires before sending an amendment to voters. The amendment would temporarily allow the legislature to draw new congressional district maps, bypassing the state bipartisan redistricting commission established in 2020.
The ballot question asks Virginia voters on April 21, 2026 whether the Virginia Constitution should be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring the standard redistricting process resumes after the 2030 census.
Virginia currently sends six Democrats and five Republicans to the U.S. House under the current commission-drawn maps. Democrats project that new legislative maps, based on 2025 governor race results showing strong Democratic performance in Northern Virginia suburbs, could flip four Republican-held seats — creating a 10-1 Democratic delegation.
A Virginia circuit court judge ruled in January 2026 that the referendum was unlawful, temporarily blocking it from the April ballot. Democrats appealed immediately, and the Virginia Supreme Court overruled the lower court on February 13, 2026, allowing the referendum to proceed while the court continues to consider the underlying legal challenge.
As of late February 2026, another court challenge threatened to block the referendum again, creating ongoing legal uncertainty. Early voting was set to begin March 6 regardless of court proceedings. Republicans filed a separate challenge to the ballot language itself, arguing the word fairness is partisan framing that prejudices voters.
Republicans call the referendum a naked power grab that bypasses the bipartisan commission Virginia voters established in 2020. Virginia Attorney General Jason Miyares, a Republican, refused to defend the referendum in court — an unusual step for an AG whose office typically defends state laws and processes.
The Virginia redistricting fight is part of a national chess match over House control. Republicans project gains from new maps in Texas, Ohio, Missouri, and North Carolina totaling nine additional seats.
Democrats project gains from California and Utah totaling six seats. Virginia represents four more potential Democratic gains that could flip House control.
People, bills, and sources

Don Scott
Virginia House Speaker (Democrat)
Luke Torian
Virginia House Finance Committee Chairman, amendment sponsor
Jason Miyares
Virginia Attorney General (Republican)
Glenn Youngkin
Virginia Governor (Republican, term ended January 2026)
Abe Abrams
Virginia Governor (Democrat, took office January 2026)