Virginia Attorney General Jason Miyares has declared that recent attempts by state Democrats to gerrymander congressional districts ahead of the 2026 midterm elections violate the Virginia Constitution. Miyares issued this legal opinion in response to a query from a Republican delegate regarding the legality of the Democrats' proposed redistricting amendment.
Democratic leaders in the General Assembly are pushing to pass a constitutional amendment that would allow them to redraw congressional districts, potentially benefiting their party. Currently, Democrats hold narrow majorities in both the House of Delegates (51-49) and the Senate (21-19), and they control six of Virginia's eleven congressional districts.
Under Virginia law, any proposed constitutional amendment must be approved by both chambers of the General Assembly in two consecutive sessions. Following this, the amendment must be presented to voters at least ninety days after final passage. Miyares emphasized that the upcoming November 4 election does not constitute the "next general election" for the purposes of amending the state constitution.
"Although November 4, 2025 is an election day in the Commonwealth, it does not constitute the ‘next general election’ under the Virginia Constitution," Miyares stated. He explained that the election process in Virginia spans 45 days, and the current general election began on September 19, 2025, meaning that the next general election for the House of Delegates will not occur until 2027.
The attorney general's opinion indicates that any proposed amendments approved after September 19, 2025, cannot be referred to the General Assembly's regular session in January 2026. This effectively blocks Democrats from implementing a new redistricting map before the midterms.
Miyares noted that the Democrats' strategy appears to be to pass the proposed amendment before the November election and again once the new General Assembly convenes in January. However, he clarified that this plan does not align with the constitutional requirements for amending the state constitution.
In a broader context, similar efforts to alter redistricting processes are occurring in other states. In California, Democrats are advocating for Proposition 50, which would allow the state to temporarily bypass its redistricting commission to implement a new congressional map aimed at countering Republican gains.
As political analysts observe, Democrats face challenges in redistricting due to existing gerrymanders in states they control. According to Mollie Hemingway of The Federalist, "Democrats don’t really have much room to operate" in states where they have already maximized their advantages.
The legal opinion from Miyares underscores the complexities of redistricting and the legal frameworks that govern it, particularly as both parties prepare for the upcoming midterm elections.
Why it matters
- Primary documents and sources are linked for verification.
- Virginia AG Miyares asserts Democrats' redistricting efforts violate state constitution, impacting their strategy for 2026 midterms.
- His opinion blocks Democrats from amending congressional districts before the upcoming elections, preserving GOP advantages.
- The ruling highlights ongoing national debates over gerrymandering and redistricting processes in various states.
What’s next
- Democrats must navigate constitutional requirements to amend redistricting laws before the 2026 elections.
- Upcoming sessions of the General Assembly will be critical for any proposed amendments to be considered.
- Voters will not see any new redistricting proposals until at least 2027, following Miyares' interpretation.