Amending Virginia's Constitution: A Guide

The process of amending the Virginia Constitution can be initiated through two methods: a legislative process or a constitutional convention. Notably, Virginia does not allow for the use of the initiative power for proposing amendments. The legislative referral method requires amendments to originate as a resolution in the General Assembly, where it must be approved by both the state Senate and the House of Delegates during two separate legislative sessions. Subsequently, the amendment is put before the voters, who must approve it by a majority vote for it to become part of the Constitution. This process ensures that any changes to the Constitution reflect the will of the people of Virginia and protects their fundamental rights, such as reproductive freedom, by placing the final decision in their hands.

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The legislative referral method

The Virginia Constitution can be amended through two different paths: a legislative process and a constitutional convention. However, Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes. Thus, Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution.

The resolution must then be introduced again during the session immediately following a House of Delegates election and approved by both houses. This is known as the "second resolution" or "second reference". For example, any resolution passed by the legislature in either the 2020 or 2021 session must be passed a second time in the 2022 session, as it immediately follows the 2021 election where delegates were elected.

Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. 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.

If a majority of those voting vote in favor 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.

The legislative process

The Virginia Constitution can be amended through two different avenues: a legislative process and a constitutional convention.

For the resolution to pass, it must be approved by a simple 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". The resolution must then be introduced and approved again by both houses in the session immediately following a House of Delegates election. This is called the "second resolution" or "second reference". For example, a resolution passed in 2020 or 2021 must be passed a second time in 2022, as it follows the 2021 election where delegates were elected.

Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be submitted to the voters. If a majority of those voting approve the amendment, it becomes part of the Constitution on a date prescribed by the General Assembly. It is important to note that amendments do not require the governor's signature to be referred to the ballot.

The constitutional convention method

The Virginia Constitution outlines the mechanism for future changes to the constitution in Article XII, titled "Future Changes". This article consists of two sections, with Section 1 covering amendments and Section 2 covering constitutional conventions.

To amend the Virginia Constitution through the constitutional convention method, a resolution must first be approved by a majority vote by both the state Senate and the House of Delegates during the same session. This is known as the "first resolution" or "first reference". The resolution must then be introduced and approved again 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 since it immediately follows the 2021 election where delegates were elected.

Once the resolution is approved by both legislative houses during two separate legislative sessions, the amendment must be approved by a majority of voters. 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. It is important to note that amendments do not require the governor's signature to be referred to the ballot.

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The General Assembly

For example, a resolution passed in 2020 or 2021 would need to be passed a second time in 2022, as this is the session immediately following the 2021 election. This amounts to a minimum of 51 votes in the House of Delegates and 21 votes in the State Senate, assuming no vacancies.

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. The General Assembly submits the proposed amendment to the voters, no sooner than 90 days after final passage by the General Assembly. If a majority of those voting vote in favor of the amendment, it becomes part of the Constitution on the date prescribed by the General Assembly.

Majority vote

The Virginia Constitution can be amended through two paths: a legislative process and a constitutional convention. However, Virginia does not have the power of initiative for either initiated constitutional amendments or initiated state statutes.

Legislative Process

The legislative referral method is the sole avenue for amending the state Constitution in Virginia. This means that amendments must first be proposed as a resolution in the General Assembly. The Virginia General Assembly consists of the Virginia State Senate and the Virginia House of Delegates, which together hold the legislative power of the state.

For an amendment to be approved, it must pass through two legislative sessions, gaining a majority vote in both the Senate and the House of Delegates during each session. This amounts to a minimum of 51 votes in the House of Delegates and 21 in the State Senate, assuming no vacancies. The amendment does not require the governor's signature to be referred to the ballot.

Once the resolution has passed both houses during two separate legislative sessions, it must then be approved by a majority of voters. If a majority of those voting vote in favor of the amendment, it becomes part of the Constitution.

Constitutional Convention

Amendments to the state's constitution can also be proposed by a constitutional convention, as established in Section 2 of Article XII.

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