National headlines have stolen the limelight for much of the last few months, but Virginia’s General Assembly is currently mulling several impactful changes to the Commonwealth’s constitution and laws during its annual legislative session. The 60-day meeting began on January 14th and will conclude near the end of March. Democrats are at the helm of this year’s session after Abigail Spanberger secured the Governor’s office in a historic win this past November. The party holds a narrow majority in the Senate, along with 64 of the 100 seats in the House of Delegates — the highest ratio in Democratic control this century. A simple majority in both houses and the Governor’s approval is all that’s needed to pass bills, making this session a statement moment for Democrats.
On the docket are a range of amendments and bills, including healthcare reform, immigration measures, data center bills, and more. Delegate Katrina Callsen, the Democratic representative for Charlottesville and parts of Albemarle County, is the lead sponsor for an immigration related initiative. According to the text of House Bill 650 (“HB650”), it would be a crime for immigration authorities without an official warrant to carry out civil arrests in “any place or facility that is owned or operated by the Commonwealth,” including hospitals, courthouses, schools, or other sub-units of the state government.
When asked for comment, Delegate Callsen’s office stated that the idea for legislation was born when two immigrants were arrested at an Albemarle Courthouse last year. “Since then, immigrants have been afraid to speak up about crimes committed against themselves or others,” remarked Delegate Callsen. National attention surrounding ICE operations has made immigration policies a focal point of federal and state legislation across the country.
Meanwhile, HB483 is one of the most significant healthcare-related bills currently up for consideration. Sponsored by Democratic Delegate Karrie Delany, it passed both houses on its way to former Governor Glenn Youngkin before being vetoed the previous two years. Section A of HB483 would create an extensive new system meant for “the purpose of protecting citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products,” but faces concerns about stifling pharmaceutical investment in the state. Its primary mechanism of enforcement would be the creation of a five-person Prescription Drug Affordability Board capable of setting upper price caps on prescription drugs in the state. It was passed in the House of Delegates by a vote of 61-33, and is on its way to the Senate.
The Democratic caucus is also focusing on a slew of other topics, including access to contraceptives with HB6, eliminating mandatory minimum sentences for repeat violent crime with HB863, and allowing mail-in ballots to be counted up to a week after elections with HB773. However, bipartisan support is growing for the issue of data center expansion in the state.
A 2023 study by the Joint Legislative Audit and Review Commission found that allowing unfettered energy demand would lead to a 183% increase in average monthly energy usage for the state. While data centers are excellent tax sources for municipalities, a Bloomberg study found that energy prices had increased by 257% per month compared to 5 years ago in areas close to data centers. Bills such as HB253 and HB1515 would attempt to temporarily stop data center construction altogether, or compel primary energy users to pay for construction of the additional power stations their energy demand would require.
In addition to potentially new laws, Democratic control of the government has opened the door for the party to push through several constitutional amendments. In Virginia, a constitutional amendment has to be passed by a simple majority of both houses in consecutive years before being put to a vote by referendum to the people of Virginia. Simple majority approval by the voters would then enshrine the change in the state constitution.
Four amendments have successfully passed two years in a row, meaning they’ll likely be voted on during the general election in November. The amendments include the elimination of now-defunct language outlawing same-sex marriage in the state constitution, the enshrining of extensive abortion rights in the constitution, automatic extension of voting rights to felons who finished their sentences, and the suspension of Virginia’s bicentennial federal districting committee.
The enshrining of abortion rights in HB781 and Democratic efforts at gerrymandering in House Joint Resolution 4 (“HJ4”) are among the more controversial measures. The amendment suspending VA’s voter-approved bipartisan districting committee, which was passed after overwhelming support from both parties and 65% approval from voters in 2020, may be up for a vote as soon as April 21st — in time for the Democrats to pass their preferred redistricting maps before the November mid-term elections. Proposed maps would favor Democrats as much as 10 to 1, swinging four federal House districts toward Democratic control.
Delegate Callsen’s office argues that “Virginia cannot and will not sit back and allow Trump and his cronies to rig the midterms and steal our voice in Congress,” and that the measure would be temporary. The move reflects similar gerrymandering efforts across the country in states such as Texas and California that hope to better position controlling parties for the contentious midterm elections.
However, strong opposition exists from organizations such as Virginia for Fair Maps. When asked for comment, the Managing Director of Virginia for Fair Maps, Fin Lee, argued that the amendment creates a dangerous precedent, and once “that precedent is set, any future majority — left, right, or otherwise — can use the same logic to manipulate the system for its own benefit.” His organization is collecting petitions in an effort to raise awareness about the upcoming referendum vote. Yet the amendment is facing a snag in Virginia’s Supreme Court. According to the challenge, the amendment shouldn’t be allowed to reach voters until 2027, meaning the Court’s decision in early March will have a significant effect on the direction of November’s federal elections.
The HJ1 abortion amendment, slated for a referendum vote on November 3, 2026, will also face intense resistance from anti-abortion groups. HJ1 effectively prevents all regulation of first and second-trimester abortions. The text of the bill also states that third-trimester abortions are protected in cases to “protect the life or physical or mental health of the pregnant individual” or “when in the professional judgment of a physician the fetus is not viable.” While Democratic candidates argue that less than 1% of abortions happen past 21 weeks of pregnancy, a study by Americans United for Life claims that “the amendment attempts to disguise unregulated access to elective abortion through all nine months of pregnancy as healthcare,” making the issue impossible to legislate on, given the broad exceptions provided for even third-trimester abortions.
All potential bills will have to be acted on by February 20th, two days before the General Assembly adjourns. Governor Spanberger will then have until March 24th to sign them into law. The outcomes will have effects on national election outcomes, enfranchisement, healthcare policy, data center development, and countless other issues in the Commonwealth. Virginians can contact their representatives with their thoughts and show up to vote for the potential April 23rd referendum and November midterms.
Leave a Reply