It's one week out from Election Day here in Virginia, and the political fun and games are well and truly underway.
As RedState previously reported, Virginia Democrats, who hold the majority in both of the commonwealth's legislative houses, decided last week that the waning days of election season were the perfect time to call the legislature back into session to discuss redistricting.
The goal of the special session, of course, is for Democrats to wrest away congressional seats from Republicans, plus there's the added bonus of Lt. Gov. Winsome Earle-Sears, the Republican candidate for governor who also serves as president of the Senate, being forbidden from campaigning and fundraising while the legislature is in session. The same goes for Republican Attorney General Jason Miyares, who's running for reelection against that now-infamous and decidedly-odious Democrat, Jay Jones. No campaigning or fundraising for Miyares for as long as the legislature is in session.
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That special legislative session began on Monday afternoon. Democrats hope, through their legislative majority, to repeal and replace an amendment to the state constitution that set up a bipartisan redistricting commission and stripped from the General Assembly the ability to set legislative and congressional districts. It's important to note here that this constitutional amendment was approved by voters in 2020, so Democrats are looking to undo the will of the people.
The big sticking point here is that Democrats may have missed their opportunity to pass a new constitutional amendment, which would invalidate the old amendment and restore their redistricting duties, before “the next general election," as is required by the state constitution. It could be argued that the next general election is already underway, as early in-person voting began September 19 and hundreds of thousands of votes have already been cast.
And that's exactly what Attorney General Miyares argues is the case in a new legal opinion issued Tuesday.
My office just issued an official opinion explaining that the constitutionally required process to amend the Virginia Constitution cannot be short-circuited by a last-minute vote of the General Assembly taken during an ongoing election. pic.twitter.com/vKWweCbKSp
— Jason Miyares (@JasonMiyaresVA) October 28, 2025
From Miyares' opinion:
A regular session of the General Assembly will commence January 14, 2026. Although November 4, 2025 is an election day in the Commonwealth it, standing alone, does not constitute the "next general election" under Article XII, § 1. Under current Virginia law, the election voting process in Virginia spans 45 days. The closing of the polls on November 4, 2025 will be the culmination of the ongoing election process, which commenced September 19, 2025.
The attorney general concluded, "Accordingly, because a general election of delegates is already underway, the November 4th culmination of this 2025 election cannot be deemed to be the 'next general election.' It is the current general election."
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Miyares' opinion was directed to Delegate Terry Kilgore, the House Republican Leader. Kilgore said in response, "Today's opinion from Attorney General Miyares gives legal weight to the obvious, common-sense reading of Virginia law. Hundreds of thousands of Virginians have already cast their ballots in this election, as the 45 day early voting period sought by Democrats is ongoing." Kilgore noted, "The effort to ram through a constitutional amendment during an election flies in the face of Virginia's Constitution and code mandated public notice requirements."
Case closed? Probably not. Democrats are looking to seize two or three of the five congressional seats currently held by Republicans, and the midterms are just one short year away. RedState will, of course, keep you updated on this attempted power grab by the left.
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