How does Virgina consttuion change
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Executive summary
Virginia’s Constitution can be amended only through the General Assembly and a voter referendum: a proposed amendment must pass both the House and Senate in one session, pass them again in the next session after a House election, and then win a majority vote of citizens on the ballot [1] [2]. In 2025 lawmakers advanced high‑profile amendments on reproductive freedom, same‑sex marriage repeal, and felon voting‑rights restoration; each now faces the state’s two‑session rule and a public vote in 2026 if reapproved [3] [4] [2].
1. How an amendment starts — lawmaker sponsorship and journal entry
Any amendment to the Virginia Constitution begins in either the House of Delegates or the Senate as a resolution. It must be agreed to by a majority of the members elected to that chamber, recorded in the journal with each member’s vote, and then communicated to the other chamber for consideration [1] [5]. That procedural step is mandatory and creates a public record of legislative support and opposition [1].
2. The two‑session rule — why one year’s vote isn’t enough
Virginia requires a proposed amendment to clear both legislative chambers in two successive sessions, with an intervening general election for the House of Delegates, before it can go to voters [2]. Ballot placement therefore depends not only on votes in Richmond but also on the outcome of House elections between sessions; party control can change the fate of an amendment introduced in year one [2] [6].
3. Voter approval is the final — simple majority at the ballot
Once the General Assembly completes the two‑session requirement it must submit the amendment to the voters “not sooner than ninety days after final passage,” and the amendment becomes part of the Constitution if a majority of those voting approve it [1] [5]. This makes the people the ultimate arbiters — legislative approval sends a question to the ballot, but citizens decide the result [1].
4. Recent practice: three consequential amendments moving through the process
In 2025 the General Assembly advanced resolutions that would enshrine reproductive freedom (including abortion), repeal the state’s 2006 ban on same‑sex marriage, and restore voting rights to people with felony convictions after release. Those resolutions cleared legislative votes in 2025 and must pass again in 2026 to reach the 2026 ballot [3] [4] [7]. Advocacy groups such as the ACLU of Virginia framed these as protections against shifting federal precedents; proponents cite polling and civil‑rights arguments for codification [3] [7].
5. Politics and timing matter — the hidden leverage of the election cycle
Because the two‑session rule inserts an intervening House election, campaigns and turnout between the first and second passage can flip the legislature and derail or propel amendments [2] [6]. Ballotpedia and local analyses explicitly warn that House races in 2025 could determine whether the 2025‑passed measures reach Virginians’ ballots in 2026 [2] [6].
6. Legal and practical nuances — what the text and statute require
The constitutional text (Article XII) and parallel state code set the procedural framework: resolutions must be prepared in prescribed form, spread at length on the journal, require recorded roll‑call votes, and — after successive legislative approvals — be enacted into the public submission bill or resolution for voters [1] [5]. These formalities can become tactical tools in debates over notice, transparency, and the legality of timing [5].
7. Competing viewpoints and stakes — rights protection versus caution
Supporters argue enshrining rights (reproductive choice, marriage equality, voting restoration) secures them against future federal reversals and removes ambiguity in state law [7] [3]. Opponents — and some analysts — worry that rushing constitutional changes or changing them through partisan legislatures rather than broader consensus risks politicizing the state charter [2] [8]. Reporting shows the votes on these measures were often along party lines, though a few cross‑party votes occurred on specific items [4] [9].
8. What to watch next — the 2026 re‑vote and the ballot campaign
The near‑term determinant is whether each resolution is passed again in the 2026 legislative session; if so, the amendments will appear on a statewide ballot where simple majority rules [2] [5]. Expect sustained lobbying, voter education efforts, polling citations from proponents (e.g., ACLU citing 61% support for the reproductive amendment), and intensified House races that could change legislative math [3] [7].
Limitations: available sources summarize procedures and 2025 developments but do not include final 2026 outcomes, detailed amendment language beyond subject summaries, or in‑depth legal challenges that may arise after ballot certification (not found in current reporting).