Eleanor Finch
The Virginia Constitution is the fundamental governing document of the state of Virginia. It has been amended 15 times since 2006, with the most recent amendment approved by voters on November 5, 2021. Amendments to the Virginia Constitution can be proposed through two avenues: a legislative process or a constitutional convention. This process, known as legislative referral, requires amendments to begin as a resolution in the General Assembly, where they must be approved by a simple majority during two successive legislative sessions. Once an amendment passes both houses, a bill authorizing a referendum is passed, and the amendment is placed on the ballot for the next November general election.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 6 |
| Current constitution | Adopted in 1971 |
| Number of amendments to the current constitution | 15 |
| Last amendment | November 5, 2024 |
| Amendment process | Legislative process, constitutional convention |
| Legislative process | Majority vote in both houses during two separate sessions |
| Constitutional convention | Proposed by convention as established in Section 2 of Article XII |
| Ballot appearance | Amendments can only appear on the ballot in even years |
| Amendment requirements | Minimum 51 votes in the House of Delegates and 21 votes in the State Senate |
| Governor's signature | Not required |
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What You'll Learn
Legislative referral method
Virginia uses the "legislative referral" method as its primary mechanism for amending the state Constitution. This means that amendments must originate as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters.
The process begins with a resolution (the "first resolution" or "first reference") that must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. The resolution must be introduced again (the "second resolution" or "second reference") and approved by both houses in the session immediately following a House of Delegates election. For example, any resolution passed by the legislature in 2020 or 2021 must be passed a second time in 2022, as it immediately follows the 2021 election where delegates were elected. This ensures that amendments can only appear on the general election ballot in even-numbered years.
A simple majority vote is required during these two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Once the resolution has passed both houses, a bill authorizing a referendum, or ballot question, is placed on the ballot at the next November general election. As this is a "normal" bill and not a resolution, the governor must also approve the referendum bill. While it is presumed that the governor could veto the referendum bill, this has never occurred.
The legislative referral method allows for creative approaches to amending the Constitution. In the past, legislators have combined separate changes to the Constitution into a single resolution, requiring different ballot questions for approval. This has made it challenging to accurately count the number of amendments over time.
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Legislative process
The Virginia Constitution can be amended through two different paths: a legislative process and a constitutional convention. Here is an overview of the legislative process:
The legislative process is the sole avenue for amending the Virginia Constitution. This process begins with a resolution in the General Assembly. The resolution must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference".
Following this, the resolution must be introduced again in the session immediately following a House of Delegates election, and it must be approved by both houses. This is called the "second resolution" or "second reference". For example, a resolution passed in 2021 must be passed again in 2022 to move forward, as the latter year immediately follows a Delegate election year.
Once the resolution has been approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. This approval takes the form of a referendum, or ballot question, placed on the ballot at the next November general election. The Governor must also approve the referendum bill, though they could presumably veto it (this has never happened).
To summarise, a simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
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Constitutional convention
The Virginia Constitution can be amended through two different paths: a legislative process and a constitutional convention.
A constitutional convention is established in Section 2 of Article XII of the Virginia Constitution. Amendments to or revisions of the state's constitution can be proposed by a constitutional convention.
Virginia's constitutional history has seen several instances of constitutional conventions being used to make significant changes to the state's governing document. One notable example is the 1850-51 constitutional convention, which drafted a document to modernize Virginia's government, including provisions for universal white male suffrage and a more developed judicial system. This convention also served to further protect and entrench slavery into the state's electoral and governing systems.
Another instance of a constitutional convention occurred in response to the 1954 Brown v. Board of Education decision. In this case, white segregationists utilized a limited constitutional convention to amend specific sections of the Constitution concerning public education. The changes allowed public funds to be used for vouchers for white families and enabled the state to close public schools to avoid desegregation.
It is important to note that the 1867-68 convention, which included 24 Black men, drafted a constitution that included a Bill of Rights and free public education for all. This constitution was approved by voters via referendum, demonstrating a step towards inclusivity and equal rights in Virginia's constitutional history.
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Ballot measures
The Virginia Constitution can be amended through two avenues: a legislative process and a constitutional convention. However, it should be noted that Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.
Legislative Process
Amendments must begin as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. A simple majority vote is required during two successive legislative sessions for the Virginia General Assembly to place a constitutional amendment on the ballot. This amounts to a minimum of 51 votes in the Virginia House of Delegates and 21 votes in the Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Once an amendment has been approved by both legislative houses, a bill that authorizes a referendum, or ballot question, is placed on the ballot at the next November general election. The governor must also approve the referendum bill. If a majority of voters vote in favor of the amendment, it becomes part of the Constitution on the date prescribed by the General Assembly.
Constitutional Convention
Amendments to or revisions of the state's constitution can be proposed by a constitutional convention as established in Section 2 of Article XII.
Other Requirements
Section 30-13 of the Code of Virginia requires the Clerk of the House of Delegates to publish all proposed amendments to the Constitution of Virginia. Additionally, the clerk of the circuit court of each city and county must post one copy of each amendment at the front door of the courthouse and make a second copy available for inspection by any citizen.
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Ratification
The Virginia Constitution can be amended through two avenues: a legislative process and a constitutional convention.
Legislative Process
Amendments must begin as a resolution in the General Assembly. Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters.
Firstly, a resolution (the "first resolution" or "first reference") must be approved by a majority vote by both the state Senate and the House of Delegates during the same session. The resolution must be introduced again (the "second resolution" or "second reference") and approved by both houses in the session immediately following a House of Delegates election. For example, any resolution passed by the legislature in 2020 or 2021 must be passed a second time in 2022, as it immediately follows the 2021 election.
After the resolution has been approved by both houses, they pass a bill that authorises a referendum, or ballot question, to be placed on the ballot at the next November general election. The Governor must also approve the referendum bill.
Constitutional Convention
Amendments to or revisions of the state's constitution can be proposed by a constitutional convention as established in Section 2 of Article XII.
Once an amendment has been approved by the General Assembly, it must be submitted to the voters qualified to vote in elections by the people. If a majority of those voting vote in favour of any amendment, it shall become part of the Constitution on the date prescribed by the General Assembly in submitting the amendment to the voters.
Section 30-13 of the Code of Virginia requires the Clerk of the House of Delegates to publish all proposed amendments to the Constitution of Virginia. The clerk of the circuit court of each city and county must post one copy of each amendment at the front door of the courthouse and make a second copy available for inspection by any citizen.
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Frequently asked questions
The Virginia Constitution is the fundamental governing document of the state of Virginia. The current Virginia Constitution was adopted in 1971 and has been amended 15 times since 2006. Virginia has had six state constitutions.
The Virginia Constitution can be amended through two paths: a legislative process and a constitutional convention. Amendments must begin as a resolution in the General Assembly and must be approved by both legislative houses during two separate legislative sessions. After this, the amendment must be approved by a majority of voters.
Virginia uses the legislative referral method as its sole method of amending the state Constitution. This means that amendments must be approved by a majority vote by both the state Senate and the House of Delegates during the same session. The resolution must be introduced again and approved by both houses in the session immediately following a House of Delegates election.
