House passes floor substitute to send redistricting amendment, $5.5 million appropriation to special-election ballot

The Virginia House of Delegates on Jan. 23 adopted a floor substitute to House Bill 1384 that would place a constitutional amendment before voters in a special election asking whether the General Assembly — rather than the bipartisan Virginia Redistricting Commission — should draw congressional district lines for the 2026 and 2028 elections.

The substitute also contains appropriations intended to cover costs related to the special election. The clerk read language from a Williams floor amendment noting an estimated one-time state cost of $5,500,000 and explaining, "A yes vote means the general assembly will draw new congressional district lines for the 2026 and 2028 elections." The provision would not affect state legislative districts, and the clerk said the commission would resume its responsibilities after the 2030 census.

Supporters said the change clarifies who would draw congressional maps for the two cycles. "Mine discloses that $5,500,000 1 time will be spent on this special election that only you want," Delegate Williams said after the amendment passed, arguing his language was clearer and less "argumentative" than alternative wording. The Williams amendment was approved on a recorded vote of 61–34.

Opponents raised legal and fairness concerns about parts of the substitute that would apply to already-pending matters. Delegate Simon (Fairfax) described venue provisions as "procedural" and pointed to prior instances when the General Assembly addressed retroactive election rules; other members pressed whether moving pending litigation to the circuit court of the City of Richmond or other retroactive changes could run afoul of federal constitutional limits or principles of fundamental fairness. "If it violates fundamental fairness rules, then it will be improper even if it's procedural ex post facto," Delegate Griffin said.

The substitute includes language repealing Code of Virginia section 30-13 and adds a provision moving venue for any suit related to the constitutional amendment to the Richmond circuit court. The sponsor, Delegate Torian, described the package as an appropriation bill that also sets out the ballot question and related enactments; he and others emphasized the measures are contingent on a majority "yes" vote in the April 21 special election.

After votes on a block of five Kilgore amendments and other floor amendments that were handled as a group, the House agreed that the bill be engrossed and passed to third reading. The clerk announced the bill was the only live item on the calendar and that the House would return to the morning hours.

Next steps: HB 1384 was advanced to third reading; if it passes third reading and both houses as required, the language would appear on the ballot for the April 21 special election contingent on final enrollment and other procedural steps.

Actions recorded in the House on Jan. 23 include the rejection of an initial committee substitute earlier in the proceedings and the adoption of the floor substitute and related amendments that the clerk recorded as passing by voice and recorded roll votes, including the 61–34 tally on key amendments.