
Citizens of Virginia will be voting in a special election on April 21, 2026, on a referendum to amend the Constitution of Virginia. Early voting begins on March 6.
Under Article XII, Section 1, of the state constitution, the process requires a proposed amendment to pass both houses of the General Assembly in two sessions with an intervening general election for the House of Delegates, after which it is presented to the voters in a referendum. If approved, the state constitution is modified, and the change can only be reversed by another amendment.
The Virginia General Assembly violated voters’ civil rights to equal protection under the law during the adoption and scheduling processes for this proposed amendment. The first passage occurred during (not before) the 2025 general election, so the proposed amendment cannot be considered for a second passage until after the 2027 general election. Additionally, early voting is scheduled to begin only forty-nine days after the purported second passage; the state constitution requires an interval of at least ninety days.
This referendum is therefore unconstitutional, and it is void regardless of the result. But there is no guarantee that the Supreme Court of Virginia will do the right thing and invalidate it, so I will offer my usual endorsement. I strongly encourage voters to participate so their will is reflected if the court refuses to do its duty.



