Draft Bill: Amending the Constitution of Virginia for Citizen Initiatives.
Proposing an amendment to the Constitution of Virginia by adding in Article II a section numbered 21 and amending Section 1 of Article XII, relating to the establishment of the People’s Legislative Initiative.
RESOLVED by the Senate, the House of Delegates concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence, as provided by Section 1 of Article XII of the Constitution of Virginia, namely:
ARTICLE II. FRANCHISE AND OFFICERS. Section 21. The People’s Legislative Initiative and Referendum.
(a) Power Reserved to the People. The legislative power of the Commonwealth shall be vested in a General Assembly, but the people reserve to themselves the power to propose laws and amendments to this Constitution, and to adopt or reject the same at the polls, independent of the General Assembly. The legislative power reserved to the people by this section shall be equal in dignity and authority to that exercised by the General Assembly. This power includes the authority to enact measures tailored to the distinct needs of specific regions, recognizing that legislation with direct and primary impact upon a defined geographic area or political subdivision shall have priority in governance over provisions imposed by voters or officials in distant areas unaffected by such impacts, thereby promoting equitable and responsive self-determination.
(b) Initiative Petition Requirements.
Signature Threshold. To propose a law or a constitutional amendment, a petition shall be filed with the State Board of Elections signed by qualified voters equal in number to at least five percent (5%) of the total votes cast for Governor in the last preceding gubernatorial election.
Geographic Distribution. Signatures must be collected from at least two-thirds (2/3) of the congressional districts of the Commonwealth to ensure broad statewide support.
Signature Validity and Digital Integrity. A petition may be circulated for signatures at any time. A signature shall be valid for a period of one thousand four hundred sixty-one (1,461) days from the date it was affixed. For signatures collected electronically, the date "affixed" shall be the date and time of the secure digital timestamp recorded at the moment of signing. Signatures shall not expire upon the election of a new Governor or the commencement of a new General Assembly session. Proponents may file verified signatures at any time; however, all signatures submitted for the qualification of a single measure must have been collected within the same one thousand four hundred sixty-one (1,461) day period. The General Assembly may provide by law for the secure collection of electronic signatures, provided such methods do not materially burden the exercise of this power. For purposes of this section, a requirement materially burdens the initiative or referendum power if it significantly increases the cost, time, or difficulty of qualifying or passing a measure beyond what is necessary to ensure administrative integrity and fraud prevention.
Localized Measures. Notwithstanding subsections (b)(1) and (b)(2), for any initiative measure whose text expressly declares and demonstrates that its direct and primary effects are confined to a specific geographic area or one or more political subdivisions (such as counties, cities, or towns), the signature threshold and geographic distribution requirements shall be satisfied solely by qualified voters residing within that defined area. In such cases: a. Signatures shall equal at least five percent (5%) of the total votes cast for Governor in the last preceding gubernatorial election within the affected area; b. The measure shall be placed on the ballot only in the affected area, with statewide notice provided for informational purposes; c. Approval in the affected area shall require two-thirds (2/3) approval within the affected area; and d. Such measures shall govern within the defined geographic area consistent with this Constitution and the Constitution of the United States, and shall be construed to avoid direct conflict with general laws unless the General Assembly, by a two-thirds (2/3) vote, determines otherwise.
Localized Measure Expenditures. No localized measure under this subsection may be certified for the ballot if the State Board of Elections, in consultation with the Department of Planning and Budget, determines that, based on objective accounting standards, its implementation would result in a net reduction of state revenues or increase in state expenditures exceeding one-tenth of one percent (0.1%) of the prior fiscal year's general fund appropriation, unless the measure includes a dedicated local funding mechanism or offsetting revenue source.
(c) Voting Threshold.
Statutory Measures. No statutory measure proposed by initiative shall become law unless it receives the affirmative vote of at least two-thirds (2/3) of those voting on the measure.
Constitutional Amendments. A proposed amendment to this Constitution shall only be ratified if approved by two-thirds (2/3) of those voting on the measure at two successive even-year general elections held at least twenty-two (22) months apart. Upon receiving the required approval at the first such election, the measure shall automatically be placed on the ballot for the second successive election without the need for further petition or signature collection.
Resubmission of Failed Amendments. If a proposed constitutional amendment fails to receive the required approval at either election, it may be resubmitted by filing a new initiative petition that meets all requirements of subsection (b), including the collection of new signatures. There shall be no restriction on the number of times or the timing for resubmitting a substantially similar measure, provided the full petition process is repeated.
(d) Limitation on Legislative Interference.
No Veto. A law or constitutional amendment approved by the people under this section shall not be subject to the veto power of the Governor.
Initial Protection (Years 1–7). For a period of seven (7) years following the effective date of a measure enacted under this section, the General Assembly shall have no power to repeal the measure. The General Assembly may amend the measure during this period only by an affirmative vote of seven-eighths (7/8) of the members elected to each house, and only if such amendment furthers the purpose of the original initiative. Technical or clarifying amendments that do not alter the substantive policy of the measure may be passed by a two-thirds (2/3) vote during this period.
Long-term Adjustment (After Year 7). After seven (7) years have elapsed, the General Assembly may amend or repeal a law enacted under this section by an affirmative vote of two-thirds (2/3) of the members elected to each house. Any such amendment or repeal must still receive the Governor’s signature or be passed over a veto as provided in Article IV, Section 6.
Localized Measure Protections. For measures enacted under subsection (b)(4), the General Assembly shall have no power to interfere with their implementation within the affected area for the initial seven (7) years, except by a seven-eighths (7/8) vote of the members of the General Assembly whose districts overlap the affected area.
Legislative Referral Option. Notwithstanding the limitations in subsections (d)(1) through (d)(3), the General Assembly may, by an affirmative vote of two-thirds (2/3) of the members elected to each house, refer any measure adopted under this section back to the voters for approval of a repeal or amendment. Such referral may be made for any general election, and the measure shall appear on the ballot with a clear, neutral summary prepared by the State Board of Elections. Voter approval shall require the same voting threshold as the original measure (two-thirds (2/3) for statutes or constitutional amendments). If approved by voters, the repeal or amendment takes effect as specified; if rejected, the original measure remains in force.
(e) The People's Veto (Popular Referendum).
Power to Reject. The people reserve the power to approve or reject at the polls any act of statutory law or part of an act passed by the General Assembly.
Petition and Suspension. If a petition signed by qualified voters equal to five percent (5%) of the total votes cast for Governor is filed within 90 days of the adjournment of the legislative session, the law in question shall be suspended from taking effect. The State Board of Elections must certify that the petition has reached at least twenty-five percent (25%) of the required signatures before the suspension takes effect.
Geographic Distribution. Signatures must be collected from at least two-thirds (2/3) congressional districts.
Final Decision. The law shall remain suspended until it is submitted to the voters at the next general election. The law shall take effect unless two-thirds (2/3) of those voting on the referendum vote to reject it. If two-thirds (2/3) of those voting vote to reject the law, the law shall be void and of no effect.
Localized Referendums. For laws or parts of laws with direct and primary impact confined to a specific geographic area or political subdivision, a referendum may be initiated and decided solely by voters in that area using the localized thresholds in subsection (b)(4), with the rejection voiding the law's application therein.
(f) Effective Date. Any measure adopted by the people shall take effect 90 days after certification unless the measure provides otherwise.
(g) Supremacy of Popular Law. Any law or constitutional amendment adopted by the people under this section shall have equal dignity and force with acts of the General Assembly and shall supersede any conflicting act of the General Assembly unless such act is approved by the people at a subsequent election. Localized measures under subsection (b)(4) shall supplement general laws within the defined area and shall be construed harmoniously with general laws unless the General Assembly, by a two-thirds (2/3) vote, determines that the localized measure creates substantial harm to the Commonwealth as a whole or violates federal law.
(h) Mandatory Implementation. All officers and agencies of the Commonwealth shall faithfully implement and enforce laws adopted by the people. Failure to do so may be challenged in court by any qualified voter, and courts shall compel compliance through appropriate orders and remedies.
(i) Appropriations, Implementation, and Citizen Oversight.
Power to Appropriate and Direct. The people reserve the power to approve laws that appropriate public funds, require expenditures, levy or reduce taxes, or otherwise direct the fiscal, contractual, or administrative actions of the Commonwealth of Virginia. To ensure fiscal stability, any measure involving a net increase in state expenditure exceeding one percent (1%) of the general fund must include a non-binding recommendation for a revenue source.
Funding Mandate. No measure shall be invalidated for failing to specify a funding source; however, the General Assembly is encouraged to fund the measure from available revenues in the next budget cycle consistent with the balanced-budget requirement. Failure to fund may be challenged in court for arbitrary refusal, and courts shall liberally construe appropriations to effectuate the intent of the measure without mandating deficit spending.
Citizens’ Implementation Oversight Board. For any measure adopted under this section that expressly establishes a Citizens’ Implementation Oversight Board in its text, such Board shall be convened and operate as provided in this subsection to monitor, review, and report on the implementation and enforcement of the measure. The Board shall consist of sixteen (16) members selected as follows: a. Eight Legislative Members. The four legislative leaders (the Majority Leader and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Delegates) shall each appoint two members from their respective caucuses, for a total of eight legislative members. Appointments shall be made within thirty (30) days of the effective date of the measure. b. Eight Citizen Members. A Citizens’ Implementation Oversight Board Selection Committee of five retired circuit court judges shall be formed to select the citizen members. Each of the four legislative leaders shall appoint one judge from a list of qualified retired judges provided by the Chief Justice of the Supreme Court of Virginia; the four appointed judges shall then select a fifth judge by majority vote to serve as chair of the Selection Committee. The Selection Committee shall oversee an open application process for registered voters of the Commonwealth. Applicants must meet qualifications including no recent partisan officeholding, no lobbying or certain political roles in the prior five years, and no conflicts of interest related to the measure. The Committee shall select a pool of at least sixteen qualified candidates and forward the list to the legislative leaders. Each legislative leader may strike up to two candidates (one from the opposite party and one unaffiliated or minor party candidate per leader). The remaining candidates shall constitute the eight citizen members. c. Chair. One of the citizen members shall serve as Chair, selected by majority vote of the full Board. d. Qualifications and Terms. All members shall be qualified voters of the Commonwealth. Citizen members shall serve staggered terms of four years (with initial terms adjusted for staggering), subject to removal only for cause by a two-thirds (2/3) vote of the Board. Legislative members serve at the pleasure of their appointing leader. e. Powers of Oversight. The Board shall have the authority to:
Obtain and inspect public records and other non-privileged information;
Conduct public hearings and receive testimony;
Issue public reports and findings regarding compliance or noncompliance; and
Refer evidence of noncompliance to the Attorney General or to a court of competent jurisdiction for enforcement. f. Legal Effect of Findings. A formal finding of noncompliance issued by the Board shall constitute prima facie evidence in any judicial proceeding brought to enforce the measure. g. No Exercise of Executive Power. The Board shall not exercise executive power and shall not directly administer programs, execute contracts, or compel executive action except through judicial enforcement as provided by this section. h. Procedures and Transparency. The Board shall adopt rules of procedure by majority vote, including open meetings, public notice, and record-keeping requirements consistent with the Virginia Freedom of Information Act. Meetings shall be public unless closed for specific statutory exemptions. i. Funding. The General Assembly shall appropriate funds for the Board’s operations in the next budget cycle following the measure’s effective date, or the Board may request reimbursement from available revenues as provided by law. j. Preservation of the People’s Intent. Courts shall liberally construe the powers and findings of the Board to effectuate and protect the intent of the people as expressed in the adopted measure. k. Evidence and Findings. Findings of the Board shall be admissible in any judicial proceeding as persuasive evidence of the facts contained therein, subject to the Rules of Evidence as determined by the Supreme Court of Virginia. l. Multiple Boards. If multiple measures establish separate Boards, each shall operate independently unless the measures provide for consolidation. m. Dissolution of the Board. The Board may, by an affirmative vote of two-thirds (2/3) of its total membership, vote to dissolve itself at any time after the first twelve (12) months following its formation. Such a vote shall be taken only after public notice of at least thirty (30) days and at a public meeting. Upon dissolution:
The Board shall issue a final public report summarizing its findings, activities, and any unresolved compliance issues;
All records shall be transferred to the State Board of Elections for permanent public archiving;
Any ongoing judicial referrals or proceedings shall continue unaffected; and
The Board shall cease all operations, and no successor board shall be automatically formed unless the General Assembly enacts legislation to reestablish oversight for the measure or a new measure expressly provides for one.
(j) Standing. Any qualified voter who is a taxpayer of the Commonwealth shall have standing to bring suit to enforce any provision of this section or any measure adopted under it. Only a prevailing plaintiff in any action to enforce this section shall be entitled to recover reasonable attorney fees and costs from the Commonwealth consistent with judicial case-or-controversy requirements.
(k) Protection of Process. The General Assembly shall not impose requirements that materially burden, restrict, or impair the exercise of initiative or referendum powers. For purposes of this section, a requirement materially burdens the initiative or referendum power if it significantly increases the cost, time, or difficulty of qualifying or passing a measure beyond what is necessary to ensure administrative integrity and fraud prevention.
(l) Retroactive Authority. The people may amend or repeal any existing law or constitutional provision.
(m) Administrative Duty and Truth in Balloting.
Truth in Balloting (Non-Partisan Summary). For every measure placed on the ballot, the State Board of Elections shall prepare a concise, non-partisan, and plain-language summary of the measure’s chief purpose. This summary, along with a statement of the measure's fiscal impact, shall be printed on the ballot directly above the voting options. The statement of fiscal impact shall be neutral, based on objective data, and prepared by the State Board of Elections in consultation with relevant agencies. If the proponents of a measure provide an independent fiscal impact study prepared by a qualified professional, the State Board of Elections shall print a summary of both the official estimate and the proponents' estimate on the ballot. Any official estimate found by the Supreme Court of Virginia to be arbitrary, capricious, or intended to prejudice the voters shall be ordered revised or removed.
Integrity of the People's Choice. In the event of conflicting measures appearing on the same ballot (citizen or legislative), the one receiving the highest number of affirmative votes shall prevail, with citizen-initiated measures given interpretive preference in case of ties.
Ministerial Nature. The General Assembly shall provide by law for the procedures for the filing, verification, and ballot placement of such measures. Such procedures shall be purely ministerial in nature. The General Assembly, the Governor, and the State Board of Elections are hereby prohibited from using fiscal impact estimates, ballot titling, administrative timelines, or unresolved contingencies to delay, prejudice, or frustrate the people's exercise of these powers.
Failure to Act. If the General Assembly fails to provide such implementing procedures, the State Board of Elections shall immediately implement the least restrictive existing standards used for candidate petitions to ensure the people’s right to initiative and referendum is not impaired.
(n) Self-Execution and Judicial Priority. This section shall be self-executing. The Supreme Court of Virginia shall have original and exclusive jurisdiction over all challenges to the validity or placement of an initiative. To protect the People’s fundamental right to the franchise, the Court shall afford such proceedings the highest priority over all other civil matters. A final ruling shall be rendered within one hundred eighty (180) days of filing; courts are encouraged to resolve challenges before the ballot printing deadline, but retain full equitable authority consistent with due process. In reviewing challenges to localized measures, the Court shall give substantial deference to the State Board of Elections' certification decisions under subsection (b)(4) regarding geographic confinement and fiscal impact.
(o) Sovereign Authority of the People. The powers reserved in this section are fundamental and shall be liberally construed in favor of the people's exercise thereof.
(p) Severability. If any provision of this section or its application is held invalid, such invalidity shall not affect the remaining provisions or applications of this section, which shall remain in full force and effect.
(q) Direct Legislative Authority. Laws adopted by the people under this section shall not require further legislative action to become effective and shall be fully operative upon their effective date.
(r) Localized Governance. To advance the principles of localized priority in subsection (a), initiatives under this section may include provisions for the administrative alignment of political subdivisions, service districts, or local agencies with neighboring jurisdictions. This power includes the authority for a defined geographic area to enter into voluntary local cooperation agreements to provide for the joint exercise of powers, shared infrastructure, educational services, or the unification of administrative functions. Such measures must be confined in direct effect to the defined geographic area under subsection (b)(4) and shall be construed liberally to promote the efficient, responsive, and locally-directed delivery of public services in coordination with affected jurisdictions.
This amendment shall become effective on the first day of July following its ratification by the voters of the Commonwealth.
What this means for Virginia
Constitutional amendment to Article II.
Legislative power reserved to the people.
Supermajority voting requirement for ballot measures.
Non-partisan Virginia government reform.
Core Purpose:
Amends the Virginia Constitution to create a citizen-initiated legislative process (initiative and referendum), allowing Virginians to directly propose and vote on laws and constitutional amendments, bypassing the General Assembly when needed.
Initiative Process:
Citizens collect signatures equal to 5% of the last gubernatorial vote, spread across 2/3 of congressional districts.
Valid for 1,461 days (about 4 years), with secure electronic signatures permitted.
Localized measures (affecting only specific regions) require only local signatures and local 67% approval, with statewide notice.
High Approval Threshold:
Statutory measures: 67% of votes cast.
Constitutional amendments: 67% approval in two successive even-year general elections (at least 22 months apart).
People’s Veto (Referendum):
Citizens can challenge General Assembly laws with a 5% petition within 90 days, suspending them until voters decide (requires 67% to reject).
Legislative Limits:
No gubernatorial veto on citizen measures.
7-year protection from repeal; amendments during this period need 7/8 vote (if furthering purpose) or 2/3 for technical fixes.
After 7 years: Legislature can amend/repeal with 2/3 vote.
Legislature can refer measures back to voters for repeal/amendment with 2/3 vote in both chambers.
Fiscal Safeguards:
Measures with >1% general fund cost must include non-binding revenue suggestions.
No invalidation for missing funding; legislature is encouraged to fund from available revenues.
Localized measures blocked if state cost >0.1% without local funding offset.
Citizen Oversight Board (optional per measure):
Hybrid 16-member board (8 legislative + 8 citizen members via judge-led selection).
Monitors implementation, issues reports, refers noncompliance to AG/courts.
No executive power; findings are prima facie evidence in court.
Board can dissolve itself after 12 months with 2/3 vote.
Other Key Protections:
Self-executing; Supreme Court has original jurisdiction over challenges (180-day ruling goal).
Broad taxpayer standing to enforce; prevailing plaintiffs recover fees.
Legislature barred from materially burdening the process.
Truth-in-balloting: non-partisan summaries and fiscal impacts on ballot.
Effective Date:
The amendment becomes effective on the first day of July following its ratification by the voters of the Commonwealth.
last revised 2026-02-19