Attorney General Jason Miyares has released an opinion addressing recent attempts by members of the Virginia General Assembly to amend the state’s redistricting process during an ongoing election. The opinion states that the process for amending the Virginia Constitution requires approval from the General Assembly on two separate occasions, with a general election occurring between those votes.
Miyares emphasized that this intervening election is crucial because it allows voters to hold their representatives accountable for their decisions regarding constitutional amendments. He stated, “Allowing an amendment to be proposed and approved while a general election is underway undermines the voice of Virginia voters and violates foundational principles of Virginia constitutional law.”
The opinion clarifies that political actors cannot bypass this requirement by using an election already in progress—during which about one million Virginians have already cast ballots—as the necessary intervening election.
The full opinion can be accessed online.
