Jonah Patel
The Commonwealth of Virginia has had six major overhauls of its constitution since its first enactment in 1776, along with numerous amendments. The Virginia Constitution can be amended through two avenues: a legislative process and a constitutional convention. The legislative referral method, the sole legislative avenue, requires amendments to begin as a resolution in the General Assembly, which consists of the Virginia State Senate and the Virginia House of Delegates. The resolution must be approved by both legislative houses in two separate sessions before being approved by a majority of voters. Amendments can also be proposed by a constitutional convention, as established in Section 2 of Article XII.
| Characteristics | Values |
|---|---|
| Method | legislative referral |
| Starting point | resolution in the General Assembly |
| First step | approval by majority vote in the state Senate and House of Delegates |
| Second step | re-approval by both houses in the session following a House of Delegates election |
| Third step | approval by majority of voters |
| Publication | Clerk of the House of Delegates publishes all proposed amendments |
| Display | Clerk of the circuit court of each city and county displays copy of each amendment at courthouse |
| Online publication | copy of each amendment published on public government website of the locality served by the court or the website of the circuit court clerk |
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What You'll Learn
The legislative referral method
Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly. The General Assembly is where the legislative power of the state is vested, consisting of the Virginia State Senate and the Virginia House of Delegates.
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. This is the first step of the legislative referral method. 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 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. This ensures that amendments can only appear on the general election ballot in even years.
Once the resolution is approved by both legislative houses during these 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 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 directs the Clerk of the House of Delegates to have all proposed amendments to the Constitution of Virginia published. 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 citizen inspection.
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Resolutions in the General Assembly
The process of amending the Constitution of Virginia begins with a resolution in the General Assembly. The General Assembly is the legislative body of the state of Virginia, consisting of the state Senate and the House of Delegates.
A resolution, or "first reference", must be approved by a majority vote in both the state Senate and the House of Delegates during the same session. This resolution must then be introduced again as a "second reference" and approved by both houses in the session immediately following a House of Delegates election. For example, a resolution passed in 2020 or 2021 must be passed a second time in 2022, as this is the session immediately following the 2021 election where delegates were elected.
Sometimes, there are separate resolutions in both the House and Senate with identical text. In these cases, legislators often approve both resolutions rather than choosing one.
Once the resolution has been approved by both legislative houses in two separate sessions, the amendment must be approved by a majority of voters. The General Assembly submits the proposed amendment to the voters in such a manner that it prescribes, and not sooner than 90 days after the 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.
Section 30-13 of the Code of Virginia directs the Clerk of the House of Delegates to publish all proposed amendments to the Constitution. The section also requires the clerk of the circuit court of each city and county to 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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Majority vote in both houses
The process of amending the Constitution of Virginia is outlined in Article XII of the constitution, which is entitled "Future Changes". Virginia uses the "legislative referral" method as its sole avenue of amending the state Constitution. This means that amendments must begin as a resolution in the General Assembly. The General Assembly consists of the Virginia State Senate and the Virginia House of Delegates.
For an amendment to be approved, it must be passed 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". The resolution must then be introduced again ("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 in either the 2020 or 2021 session must be passed a second time in the 2022 session, as it immediately follows 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. If a majority of those voting approve the amendment, it becomes part of the Constitution on the date prescribed by the General Assembly.
The process ensures that amendments can only appear on the general election ballot in even years. Sometimes, there are separate resolutions in both the House and Senate with identical text; rather than choosing one, legislators often approve both. Amendments begin their life as a resolution in the General Assembly, so it can be challenging to keep track of changes.
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Amendments on the ballot
The process of amending the Constitution of Virginia is referred to as the “legislative referral” method. This means that any proposed amendments must first be passed as a resolution by the General Assembly, which consists of the Virginia State Senate and the Virginia House of Delegates.
For an amendment to be approved and make it onto the ballot, it must pass two legislative sessions with a simple majority vote in both houses. This amounts to a minimum of 51 votes in the House of Delegates and 21 in the State Senate, assuming no vacancies. The resolution can be introduced in either the House or the Senate, and it must be passed by both houses during the same session.
Once a resolution has been passed by both houses in one session, it must be reintroduced and passed again in the session immediately following a House of Delegates election. For example, a resolution passed in 2020 or 2021 must be passed a second time in 2022, as this is the session following the 2021 election where delegates were elected. This ensures that amendments can only appear on the general election ballot in even-numbered years.
After successfully passing both houses in two separate sessions, the proposed amendment must then be approved by a majority of voters. This process does not require the governor's signature.
Virginia has had six major overhauls of its constitution, in 1830, 1851, 1864, 1870, 1902, and the current version, enacted in 1971. There have also been frequent amendments, including a 2001 amendment that added a section establishing hunting, fishing, and harvesting game as constitutional rights. Another example is the ongoing effort to add an amendment securing reproductive freedom and access to reproductive healthcare.
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Voters approve amendments
Voters play a crucial role in approving amendments to the Constitution of Virginia. The process of amending the Constitution in Virginia is known as the "'legislative referral' method, and it ensures that amendments can only appear on the general election ballot in even-numbered years.
The process begins with a resolution in the General Assembly, specifically in the House of Delegates. A resolution must 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 again during the next session, immediately following a House of Delegates election, and approved by both houses. This is called the "second resolution" or "second reference". For example, a resolution passed in the 2021 session must be passed again in the 2022 session to move forward, as it immediately follows the 2021 election where delegates were elected.
Once the resolution has been approved by both legislative houses during two separate legislative sessions, the amendment is then presented to the voters. The General Assembly is responsible for submitting the proposed amendment to the voters qualified to vote in elections by the people. This must be done no sooner than 90 days after the final passage of the resolution in the General Assembly.
The voters then have the power to approve or reject the amendment. If a majority of those voting vote in favor of the amendment, it becomes part of the Constitution of Virginia on the date prescribed by the General Assembly. This process ensures that the people of Virginia have a direct say in any changes made to their state's constitution.
Additionally, Section 30-13 of the Code of Virginia outlines specific requirements for proposing amendments. It mandates the Clerk of the House of Delegates to publish all proposed amendments. It also requires the clerk of the circuit court of each city and county to post a copy of each amendment at the courthouse and make another copy available for public inspection. These provisions ensure transparency and public engagement in the amendment process.
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Frequently asked questions
The Constitution of Virginia can be amended through two paths: a legislative process and a constitutional convention. Amendments must begin as a resolution in the General Assembly, which consists of the Virginia State Senate and the Virginia House of Delegates. Once approved by both houses in two separate sessions, the amendment must be approved by a majority of voters.
This is the sole method for amending the Constitution of Virginia. A resolution must be approved by a majority vote by both the State Senate and the House of Delegates during the same session. The resolution must then be approved again by both houses in the session immediately following a House of Delegates election.
Entitled "Future Changes", Article XII establishes the mechanism for future changes to the Constitution. It consists of two sections, one of which outlines the process for amending the Constitution.
The Clerk of the House of Delegates is responsible for publishing all proposed amendments to the Constitution of Virginia. They must also provide copies of each amendment to the clerk of the circuit court of each city and county, who will post one copy at the courthouse and make another available for citizen inspection.
