If the Virginia General Assembly first agreed to a constitutional amendment on October 31, 2025, when does it have to vote on it again to send it to voters?

Plain-English summary

Virginia amends its constitution through a multi-step process spelled out in Article XII, § 1: the General Assembly first agrees to the amendment, then refers it to "the General Assembly at its first regular session held after the next general election of members of the House of Delegates." If the second General Assembly also agrees, the amendment goes to the voters.

In late 2024, the General Assembly passed House Joint Resolution 6007 (chapter 5 of the 2024 Special Session I Acts), proposing an amendment to Article II, § 6 of the Virginia Constitution. The Senate and the House of Delegates first agreed to that resolution on October 31, 2025. Delegate Marcus Simon asked Attorney General Jay Jones a sharp question: when must the General Assembly take the second-agreement vote?

Jones answered: at the 2026 regular session, which started January 14, 2026. The hinge of the analysis is what counts as "the next general election of members of the House of Delegates" after October 31, 2025. The Virginia Constitution itself sets the date in Article IV, § 3: House members are elected biennially "on the Tuesday succeeding the first Monday in November." In 2025, that date was November 4, 2025. So the next general election after October 31, 2025 was November 4, 2025, four days later.

Under Article XII, § 1, that means the second-agreement vote must occur at the first regular session held after November 4, 2025. The 2026 regular session began January 14, 2026 (the date set by Article IV, § 6). The amendment must therefore be referred to and voted on at the 2026 session.

Jones rejected any argument that absentee voting (which begins 45 days before election day) extends or moves the "general election" date for purposes of Article XII, § 1. The Virginia Supreme Court held in Moore v. Pullem (1928) that absentee voting laws do not change the constitutional date of the election. Citing Black v. Trower (1884), Jones noted that statutes cannot alter, redefine, or supersede a constitutional provision. Even if absentee voting started in late September 2025, the "general election" remained November 4, 2025.

The opinion is essentially a confirmation of the plain reading of Article IV, § 3 against any creative argument that pushing through the second-agreement vote at a later session would be appropriate.

What this means for you

If you are a Virginia legislator

The 2026 regular session is the deadline for the second-agreement vote on this proposed amendment. If the General Assembly does not pass HJ 6007 again at the 2026 session, the amendment fails the procedure and cannot proceed to voters without restarting the process. Plan committee schedules accordingly.

The 90-day waiting period under Article XII, § 3 applies between final passage at the 2026 session and submission to voters. So even if both chambers agree at the 2026 session, the actual ballot question cannot appear on a ballot earlier than 90 days after final passage. That arithmetic affects whether the amendment could appear on the November 2026 ballot or a later election.

If you are advocating for or against the amendment

Your window for legislative engagement is the 2026 regular session. If the second-agreement vote fails or does not occur, the amendment dies and the process restarts from scratch. If you favor the amendment, your political case has to land within the 2026 session's timeline. If you oppose, the same window matters for your defeat strategy.

After 2026 session passage and the 90-day waiting period, the political contest moves to the voter-approval ballot question. Plan resources accordingly.

If you are a constitutional law attorney

The opinion is short but it forecloses some creative arguments worth knowing. First, "general election of the House of Delegates" is fixed by constitutional text in Article IV, § 3, not by statute. The General Assembly cannot move that date. Second, absentee voting does not change the constitutional date of the general election (Moore v. Pullem). Third, the "first regular session held after" the next general election language is mandatory, not directory. The Virginia Supreme Court in Coleman v. Pross (1978) held that strict compliance with Article XII, § 1's mandatory provisions is required.

Failure to comply with the publication requirement in § 30-13 does not invalidate an amendment because the 1971 Constitution dropped the publication requirement and substituted the 90-day waiting period; § 30-13 is a statutory vestige whose noncompliance no longer has constitutional consequence. The AG noted this in a footnote citing 2 Howard at 1175.

If you are a journalist covering the General Assembly

Track the second-agreement vote at the 2026 session as a hard deadline. If the chambers fail to agree at the 2026 session, the amendment dies and the process restarts (re-pass at one session, intervening House election, re-pass at the next session, voter approval).

The intermediate steps that come up: passage at the 2026 session, the 90-day waiting period under Article XII, § 3, and either inclusion on the November 2026 ballot or a later one depending on timing.

If you are a Virginia voter

You will not be asked to vote on this amendment until the General Assembly passes it at the 2026 session and at least 90 days have elapsed. If the General Assembly does not pass it in 2026, the amendment will not reach a ballot at all without restarting the process from scratch. When and whether it reaches a ballot depends on the legislative calendar.

If you are a Virginia public records or law librarian

The publication requirement in § 30-13 (Clerk of the House publishes amendments and circuit court clerks post copies on courthouse doors at least three months prior to the next general election) is a statutory vestige. The 1971 Constitution removed publication as a constitutional requirement and substituted the 90-day waiting period in Article XII, § 3. So while compliance with § 30-13 remains the practice, noncompliance does not invalidate an amendment.

Common questions

Q: Why did this opinion come out in January 2026 if the question is about timing dating to October 2025?
A: Delegate Simon submitted the request to clarify what the General Assembly had to do at the 2026 session, which began January 14, 2026. The opinion was issued three days later (January 17, 2026), in time for the session's first weeks of work.

Q: Could the General Assembly vote on the amendment again at a special session before the regular session?
A: Article XII, § 1 says "first regular session" specifically. A special session does not count for purposes of the second-agreement requirement. The amendment must be referred to a regular session.

Q: What if the amendment is voted on but loses?
A: The constitutional process requires two successive General Assembly agreements separated by a House election. If either vote fails, the amendment dies and a new resolution must restart the process.

Q: Does this opinion say anything about what the amendment itself does?
A: No. The AG addressed only the timing of the second-agreement vote. The substance of the proposed amendment to Article II, § 6 (which generally relates to voting qualifications) is not analyzed.

Q: Why doesn't absentee voting count?
A: The Virginia Supreme Court in Moore v. Pullem (1928) held that absentee voting laws cannot alter, redefine, or supersede the constitutional date of the election. The constitutional date is fixed in Article IV, § 3 as the Tuesday after the first Monday in November. Absentee voting expands the practical opportunity to cast a ballot but does not move the election date.

Q: When could this amendment appear on the ballot?
A: It depends on when (and whether) the 2026 General Assembly passes the second-agreement vote, plus the 90-day waiting period. Earliest plausible inclusion is the November 2026 election if final passage happens by early August 2026.

Background and statutory framework

Article XII, § 1 of the Virginia Constitution sets out the amendment process: any amendment must be agreed to by the Senate and House, with each member's vote recorded on the journals. The amendment is then referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates. If that next session (or any subsequent special session of that General Assembly) also agrees, the General Assembly must submit the amendment to the voters, in such manner as it prescribes, "not sooner than ninety days after final passage by the General Assembly."

Article IV, § 3 fixes the House of Delegates election date: members are elected biennially "by the voters of the several house districts on the Tuesday succeeding the first Monday in November." This is the date the AG keys off of for the "next general election" determination.

Article IV, § 6 sets the General Assembly's regular session at January.

The Virginia Supreme Court has emphasized that Article XII, § 1's requirements are mandatory. In Coleman v. Pross (1978), the Court held that "strict compliance with these mandatory provisions is required in order that all proposed constitutional amendments shall receive the deliberate consideration and careful scrutiny that they deserve."

The 1971 Constitution dropped a prior three-month publication requirement (formerly in § 196 of the 1902 Constitution) and substituted the 90-day waiting period in Article XII, § 3. Statutory § 30-13 still references publication procedures involving the Clerk of the House and circuit court clerks, but the AG noted that these statutory provisions are a vestige with no current constitutional consequence; non-compliance with § 30-13 cannot serve as a basis for challenging the legitimacy of a constitutional amendment.

The opinion confirms longstanding AG practice, citing prior 1981-82 and 1993 AG opinions that reached the same plain-text conclusion about House election dates and the timing of constitutional amendments.

Citations and references

Constitutional and statutory provisions:
- Va. Const. art. XII, § 1 (amendment process)
- Va. Const. art. IV, § 3 (House election date)
- § 24.2-215, Va. Code Ann. (election year for House of Delegates)
- § 30-13, Va. Code Ann. (publication of amendments)

Cases:
- Coleman v. Pross, 219 Va. 143 (1978) (mandatory compliance with Article XII, § 1)
- Scott v. Commonwealth, 247 Va. 379 (1994) (plain-meaning canon for unambiguous constitutional language)
- Moore v. Pullem, 150 Va. 174 (1928) (absentee voting does not alter constitutional election date)
- Black v. Trower, 79 Va. 123 (1884) (statutes cannot supersede constitutional provisions)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2026/26-003-Simon_issued.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

COMMONWEALTH of VIRGINIA

Office of the Attorney General

Jay Jones
Attorney General

202 North 9th Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120

January 17, 2026

The Honorable Marcus B. Simon
Thirteenth District
Virginia House of Delegates
201 North 9th Street
General Assembly Building
Richmond, Virginia 23219

Dear Delegate Simon:

I am responding to your request for an official advisory Opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You inquire when the proposed constitutional amendment to Article II, § 6 of the Constitution of Virginia first agreed to by the Senate and House of Delegates on October 31, 2025, should next be considered by the General Assembly. Specifically, you ask when did or will the next general election of members of the House of Delegates take place after the proposed constitutional amendment was agreed to on October 31, 2025, in accordance with the requirement in Article XII, § 1 of the Constitution of Virginia that, after being agreed to by the General Assembly, a proposed constitutional amendment must be "referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates."

Response

It is my opinion that the plain language of the Constitution of Virginia definitively answers your question, and the next general election of members of the House of Delegates held after October 31, 2025, occurred on November 4, 2025. That means, for purposes of Article XII, § 1 of the Constitution of Virginia, the proposed amendment must be referred to the 2026 regular session of the General Assembly.

Applicable Law and Discussion

Article XII, § 1 of the Constitution of Virginia sets out the process for how constitutional amendments must be adopted by the General Assembly in order for such amendments to be submitted to the voters of the Commonwealth for approval.

Any amendment or amendments to this Constitution may be proposed in the Senate or House of Delegates, and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, the name of each member and how he voted to be recorded, and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates. If at such regular session or any subsequent special session of that General Assembly the proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the General Assembly to submit such proposed amendment or amendments to the voters qualified to vote in elections by the people, in such manner as it shall prescribe and not sooner than ninety days after final passage by the General Assembly. 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 requirements set out in Article XII, § 1 of the Constitution of Virginia are mandatory. Further, the Supreme Court of Virginia has held that "strict compliance with these mandatory provisions is required in order that all proposed constitutional amendments shall receive the deliberate consideration and careful scrutiny that they deserve."

The answer to whether the proposed constitutional amendment agreed to on October 31, 2025, must be referred to the 2026 regular session of the General Assembly turns on the phrase "next general election of members of the House of Delegates" as used in Article XII, § 1 of the Constitution of Virginia. That is, what is the date of the next general election held after the proposed amendment was agreed to on October 31, 2025.

We need look no further than the provisions of the Virginia Constitution to answer this question. Article IV, § 3 of the Constitution of Virginia definitively fixes the date of the general election of members of the House of Delegates.

The House of Delegates shall consist of not more than one hundred and not less than ninety members, who shall be elected biennially by the voters of the several house districts on the Tuesday succeeding the first Monday in November.

Article IV, § 3 of the Constitution of Virginia unequivocally establishes that House members are elected every two years "on" the Tuesday succeeding the first Monday in November. In the context of Article IV, § 3 of the Constitution of Virginia, "on" is preposition "used as a function word to indicate a time frame during which something takes place". Thus, according to the Constitution of Virginia, the general election of members of the House of Delegates takes place on the Tuesday succeeding the first Monday in November, and at no other time.

"When constitutional language is clear and unambiguous, a court must give the language its plain meaning and is not allowed to resort to legislative history or other extrinsic evidence." It is difficult to conceive of a provision clearer and more unambiguous as the one setting the date of the election of members of the House of Delegates contained in Article IV, § 3 of the Constitution of Virginia.

Therefore, in accordance with the plain language of the Constitution of Virginia, the next general election of members of the House of Delegates occurring after the proposed constitutional amendment was agreed to on October 31, 2025, was held on November 4, 2025. Under the terms of Article XII, § 1, the proposed amendment must now be referred to the "first regular session" held after such election, i.e., the 2026 regular session of the General Assembly.

It would violate the basic canons of constitutional construction to interpret the "general election of members of the House of Delegates" language used in Article XII, § 1 without giving due consideration to all the related provisions in the Constitution of Virginia. "The constitution must be viewed and construed as a whole, and every section, phrase and word given effect and harmonized if possible." Hence, the term "general election of members of the House of Delegates" used in Article XII, § 1 cannot be read in a vacuum to manufacture ambiguity where none exists. Instead, it necessarily must be read in conjunction with provisions in Article IV, § 3 that definitively fix the date of the House election.

Conclusion

Accordingly, it is my opinion that, in accordance with requirement in Article XII, § 1 of the Constitution of Virginia that a proposed constitutional amendment must be referred to the "first regular session held after the next general election of members of the House of Delegates," the proposed constitutional amendment agreed to by the General Assembly on October 31, 2025, must be referred to the 2026 regular session of the General Assembly since next general election of members of the House of Delegates occurring after October 31, 2025, took place on November 4, 2025, i.e., the Tuesday after the first Monday in November 2025 as provided for in Article IV, § 3 of the Constitution of Virginia.

Sincerely,

Jay Jones
Attorney General