The GOP had an opportunity to force Abigail Spanberger into a no-win position on redistricting. They blew it.

by Paul Goldman

General Assembly Democrats hope to speed a measure through the legislature that would allow voters to approve a constitutional amendment providing for redistricting in time for the 2026 congressional election. Democratic nominee for Governor Abigail Spanberger has said she does not oppose those efforts. However, with the campaign still underway, she says, “I will let the General Assembly take this step, and then we’ll talk calendar issues later.”

Two successive legislatures must adopt a resolution to put before the voters. Time is tight — the 2026 elections are just one year away — and extraordinary measures are called for. If Dems have any chance to make redistricting a reality, Spanberger will have to get actively involved, assuming she gets elected.

Here is the key provision in the VA Constitution: 

“Article IV. Legislature
Section 13: Effective Date of Laws

All laws enacted at a regular session, including laws which are enacted by reason of actions taken during the reconvened session following a regular session, but excluding a general appropriation law, shall take effect on the first day of July following the adjournment of the session of the General Assembly at which it has been enacted; and all laws enacted at a special session, including laws which are enacted by reason of actions taken during the reconvened session following a special session but excluding a general appropriation law, shall take effect on the first day of the fourth month following the month of adjournment of the special session; unless in the case of an emergency (which emergency shall be expressed in the body of the bill) the General Assembly shall specify an earlier date by a vote of four-fifths of the members voting in each house, the name of each member voting and how he voted to be recorded in the journal, or unless a subsequent date is specified in the body of the bill or by general law.”

Spanberger is correct in saying a Virginia Governor has no direct role in the General Assembly passing a resolution proposing to add a new amendment to the Constitution. But to set the date of a special constitutional referendum, the G.A. would seemingly need to pass a law and get the governor to sign it. I wrote about this earlier in the week. 

Article IV, Section 13, controls the effective date of laws passed by the G.A. As you can see, the effective date is normally July 1 unless House Speaker Don Scott can get a 4/5 majority to fast forward the date. This isn’t going to happen.

Accordingly, as I read this constitutional provision, the only way to hold the constitutional referendum in late May of this year would be for Spanberger to call a Special Session almost immediately after being inaugurated. Which means, she will be the major player in the most partisan redistricting plan ever enacted.

Republicans have let her off the hook, treating her as someone who really isn’t involved in the redistricting process. Either the girl has got game or the GOP ain’t got any. 

So much for the brilliance of the incumbent GOP Attorney General. I guess his texting skills aren’t bad. But his constitutional abilities aren’t ready for prime time. Why? Throwing the spotlight on Spanberger would have given Republicans a great issue in the last week of this campaign, forcing her to either concede that she will join the move to replace Virginia’s nonpartisan districting process with a highly partisan one or to throw House Speaker Scott under the bus. She avoided that devil’s dilemma by playing cool, and the Republicans let her. 

Paul Goldman is former Chair of the VA Democratic Party, a former candidate for mayor of the City of Richmond, and author of “Remaking Virginia Politics.”