Finding Light in Darkness

The winter solstice marks the darkest day of the year, when the sun seems furthest from our reach. Yet, it is also the turning point—when the days slowly begin to grow longer, and light begins its steady return. This natural cycle of darkness giving way to light feels particularly poignant right now for many Democrats as we process the disappointment of the recent presidential election.

There is no sugarcoating the loss: it is a setback, and it stings. But just as the winter solstice reminds us that light will return, history teaches us that progress, though often delayed, is never defeated.

Recent Virginia local election results tell a different story from the national picture. As recently as last year Democrats flipped the House of Delegates and maintained our Senate majority. Those victories mean we’ll continue to protect fundamental rights, like reproductive freedom, voting access, and support for public education—priorities that define who we are.

There’s another bright spot: Young people showed up in this election, and many of them took advantage of same-day registration and voting. That’s not just encouraging—it’s proof that when we remove barriers and meet voters where they are, they will participate.

We also don’t have to wait four years, or even two, to start changing the narrative. Virginia’s odd-year election cycle gives us an incredible opportunity to elect a Democratic governor and continue building on the progress we’ve fought so hard to achieve. This momentum is real, and it’s ours to carry forward.

Looking Ahead to 2025

One of the very first things that we’ll see on the House Floor will be three amendments to Virginia’s Constitution, to enshrine a right to reproductive freedom, the right to vote, and the right to marry, as I detailed in last month’s column.

This year I’ll once again serve as Chairman of the House Committee on Public Safety, working on issues ranging from gun violence prevention to prison oversight.

Earlier this week, the Committee met to address deeply troubling reports of self-harm incidents in Virginia’s correctional facilities. These reports raise urgent questions about the well-being of those entrusted to our care and the systemic conditions that may contribute to these tragedies.

We heard from the Virginia Department of Corrections (VADOC), the ACLU, The Humanization Project, the Virginia Interfaith Center for Public Policy, and members of the public.

The hearing had two primary goals. First, it provided the VADOC an opportunity to offer transparency, share the facts of these incidents, and explain the measures already in place or plans to address them. Second, it allowed the Committee to exercise its critical oversight role by digging deeper into the root causes.

I was particularly interested in examining the role that restorative housing and isolation may play in these incidents. Studies consistently link prolonged isolation with severe psychological distress, and it is imperative that we consider whether current practices are exacerbating these issues. By listening to voices from both within the Department and from advocacy organizations working on prison reform, we can focus on how we can better ensure the safety, dignity, and rehabilitation of those in our correctional system.

We were also able to meet the recently hired Ombudsman for the Department of Corrections, a newly created position housed within the Virginia Office of the Inspector General (OISG). This office is tasked with improving transparency and accessibility by investigating complaints from inmates and providing information regarding their rights. They are in the process of hiring five additional employees for this office, allowing them to efficiently and effectively address complaints.

Ultimately, the meeting was a productive first step, bringing different parties together for a constructive conversation. The Director of the Department of Corrections asserted that he and his staff are committed to the well-being of those they are responsible for while advocates remain committed to acting as “watchdogs,” ensuring that promises are kept. While the loved ones of those incarcerated shared their skepticism about the process, the existence of the Ombudsman office offers some hope going forward.

My hope is that we’ll work together to focus on rehabilitation, a safe environment for inmates and staff as well as reduce the rate of recidivism. As I said earlier, this is not a time for despair but for reflection, recalibration, and resolve. Even in the darkest of seasons, we can be the light for one another, for our communities, and for the principles we hold dear. Democracy, justice, equity - these are not seasonal values; they are enduring commitments.

 

 

The Election is over. What's Next?

If you’ve made it this far, you are still reading some news. And I’m glad my Richmond Report column has made the cut for you!  

In my family, it remains difficult to consume news from mass media sources as we are bombarded with breaking news alerts that would be shockingly atrocious if we hadn’t been told exactly what to expect.  

The silver lining, and I’ll concede it is the thinnest of thin silver linings, is that the party that wins the White House tends to suffer from a backlash in Virginia’s odd year elections the following cycle. 

So, the good news is we don’t have to wait two or four years to register our feelings about the incoming Administration and the policies they are likely to implement. We have an election in 2025 that will allow us to elect leaders that want Virginia to remain a safe haven for abortion rights in the south, a leader on voting rights, and a place that protects workers and their paychecks while maintaining an excellent business environment.  

Although the national results weren’t what most of us voted for, the state and local level results begin to tell us the story of what matters to Virginians. 

Election Statistics 

Perhaps because Virginia is considered safely blue, neither campaign devoted massive resources here. The result was that overall turnout fell off a bit from prior presidential years. Virginia had 69.8% voter turnout in 2024, below the 75% we saw in 2020 and 72% in 2016. 

The City of Falls Church saw a 76% voter turnout rate, with just under 80% of those votes case going to the Harris-Walz ticket. Not quite as high as 2020 or 2016, which indicates to me that many folks willing to vote for the GOP nominee in 2016 and 2020 couldn’t bring themselves to cast a vote after what they witnessed on January 6, 2021. 

What’s Next? 

As desperate as things may seem at the national level, we have an opportunity in 2025 to send a message that our values in Virginia haven’t changed. All three statewide offices – Governor, Lieutenant Governor, and Attorney General – are up for election as well as all 100 members of the House of Delegates.  

We currently have the slimmest possible majority in the House and Senate, but Tim Kaine won 59 of Virginia’s 100 House of Delegates districts, and Harris-Walz won 58. That means we have a real opportunity to expand our House majority. 

Proposed Constitutional Amendments  

Starting in January, one of the very first things the 2025 General Assembly will take up will be three major constitutional amendments – codifying a right to an abortion (HJ 1), voting rights restoration (HJ 2), and repealing the same-sex marriage ban that is still on the books in Virginia (HJ 9). 

Last week, the House Privileges and Elections Committee voted to advance these amendments, first introduced during the 2024 Session and carried over, to the House Floor for 2025. 

HJ 1 enshrines the fundamental right to reproductive freedom, prohibiting the Commonwealth from penalizing or prosecuting an individual for exercising this right. Since Roe v. Wade was overturned, we’ve seen how conservative states have severely reduced or eliminated abortion access.  

HJ 2 restores voting rights for those who have been released from incarceration after a felony conviction. This amendment restores their rights automatically upon their release. Currently, only the Governor has the power to restore voting rights once an individual has applied for restoration. As a result, the process is very opaque and applied sporadically without providing details for a denial.  

HJ 9 repeals the current constitutional amendment that prohibits same-sex marriage and affirms the right to marry. The only reason that same-sex couples can get married in Virginia right now is because of the 2015 US Supreme Court case, Obergefell v. Hodges, which made this legal across the country. If that is ever overturned, then we will revert to the marriage prohibition that still exists. 

For these three constitutional amendments to appear on the ballot, we must pass the amendments during the 2025 Session, have the intervening 2025 November election, and then pass them again in the exact same format in 2026. Then, the amendments go to the voters in November 2026. This means Democrats must maintain control of the House in the 2025 election. If the Virginia GOP takes over again, none of these amendments will survive.  

You can view the full text of these proposed constitutional amendments by visiting lis.virginia.gov.

A Lame Duck

In a recent CNN interview, Governor Youngkin embarrassed himself and Virginia when he failed to firmly reject former President Trump's remarks about using the military to combat so-called "radical-left lunatics" on Election Day. Instead of distancing himself from the dangerous rhetoric, Youngkin deflected the question by focusing on border issues. He tried to sidestep the core issue - Trump's suggestion that the National Guard or military should target political opponents like Rep. Adam Schiff. 

Youngkin's inability to directly address this clear attack on democratic norms is deeply troubling. Rather than standing up for the integrity of our electoral process and rejecting the use of military force against American citizens, he covered for Trump’s divisive rhetoric, missing an opportunity to uphold the values of democracy and civil discourse. 

While this year is unquestionably a big election year for the country, next year will be a big one for Virginia as all the House members (including me!) and the three statewide offices (Governor, Lt. Governor, and Attorney General) will be up for election.  

Which also means we’re officially entering lame duck season. But I can’t say I’m sorry to see the light at the end of the long dark tunnel that has been Governor Youngkin’s one term in office. 

Which begs the question – where does the term “lame duck” come from? 

The term first made its debut in 18th-century London, referring to stockbrokers on the London Stock Exchange who defaulted on their debts or failed to meet their financial obligations. These brokers were described as "lame ducks" because, like a lame duck that could not keep up with the flock, they were unable to fulfill their commitments. 

“Lame duck” made its way into American politics in the 19th century, where it began to refer to politicians who were still in office after having lost an election or reached the end of their term but before their successor had taken office. Such politicians were seen as having diminished power or influence because they were no longer accountable to the voters and could not be re-elected. 

With performances like what we saw on CNN, it’s difficult to imagine Youngkin being anything but a lame duck during the upcoming session. He not only suffers from the diminished leverage of an executive nearing the end of his run, but also lacks any of the credibility needed to reach across the aisle to build the trust necessary to work with Democrats who control the House and Senate.  

The 2025 General Assembly Session 

Along with the Governor’s lame duck status and his new reputation as a glib MAGA apologist, opportunities to make major strides forward during the upcoming 2025 Session will also be limited by the session’s duration - a mere 46 days. There are also bill limits in both chambers and there are generally only minor tweaks to the second year of the biennial state budget.  

As you know from previous columns, the General Assembly Session is always fast-paced and jam-packed. We often struggle to finish on time, which is why short sessions are not known for showcasing complicated or overly controversial legislation. What you can mostly expect to see is clean-up legislation and updates to existing laws. 

That said, 2025 is still an election year for everyone in the House, so expect to see some hallmark legislation from both sides that can be touted in campaign mailers – whether they actually pass or not.  

It is unlikely that Youngkin will be able to break his already record-setting 201 vetoes from the 2024 Session, but that doesn’t mean he won’t try to keep his name in the press. I suspect that the Governor will do whatever he can to maintain relevance in the last year of his term.  

This week’s CNN debacle is not the first time Youngkin has fallen short of his commitments to Virginians. Throughout his term, he’s been more focused on bolstering his national profile -campaigning for losing far-right candidates in other states - than addressing the real concerns of our Commonwealth. Youngkin's ambitions seem to have always been elsewhere. 

While he can’t be held directly accountable by voters, since Virginia governors cannot seek consecutive terms, his party can. Next November, Virginians have the power to hold Youngkin’s Republican Party accountable by maintaining the Democratic majority in the House of Delegates and electing Democrats to key statewide offices. Doing so would set the stage for major legislative progress in the 2026 Session, ensuring that Virginia continues to move forward, despite the distractions and diversions of the current leadership.

Boards, Councils and Commissions Season

September is the beginning of several different seasons. It’s football season (as you may remember from my last column, we dropped my son off at Virginia Tech last month, so Go Hokies!), its back-to-school season, in Virginia it’s election season (early Voting starts this week) and in Richmond, it’s “Boards, Councils and Commissions Season” – at least that’s what I’m calling it.  

Virginia has a very short legislative session - 60 days in the even years and an even more concise 45 days in the odd years. As we get ready for the 2025 Session, the pace of commission work picks up in September, October and November.  

I currently serve as Chairman of the Virginia Code Commission as well as a member of the Joint Legislative Audit Review Commission (JLARC), the Virginia Military Advisory Council, the Secure and Resilient Commonwealth Panel (SRCP), the Judicial Conference of Virginia District Courts, the House Select Committee on Maintaining Campus Safety and First Amendment Expression, and the Virginia Tribes Commission. I also Chair the Virginia Freedom of Information Advisory Council (FOIA Council). 

In my time on the FOIA Council, I have come to appreciate the issues surrounding FOIA requests in Virginia. Now that I am the Chair, I am eager to take a closer look at this process.  

What is FOIA? 

The Freedom of Information Act (FOIA) was enacted in 1966, empowering the public to request access to federal agency records, ensuring that citizens, journalists, and watchdog organizations can monitor government activities. FOIA plays a crucial role in upholding democratic values by shedding light on the workings of public institutions, preventing corruption, and fostering informed public debate. By making government actions visible, FOIA strengthens trust between citizens and their representatives, reinforcing the principle that government should serve the people with integrity and openness. 

Virginia FOIA Council 

The Virginia Freedom of Information Advisory Council brings this transparency to the state-level. The Council helps resolve FOIA-related disputes by answering questions from private citizens, public officials, and the media about access to public records and meetings. Under Virginia law, the presumption is that all public officials’ documents and all meetings of state and local public bodies are open to the public. However, there are exceptions, which often lead to good faith disagreements between interested parties. 

The Council has the authority to issue advisory opinions with the intent to resolve disputes by clarifying what the law requires and to guide future practices. That said, it has no authority to mediate disagreements but can serve as a resource, conduct training seminars, and publish educational materials.  

As Chair, I’ve been working on how best to increase transparency in the FOIA process. During our July meeting, I asked Council members to share their concerns and what improvements could be made.  

If increasing public access and government transparency is the goal, how do we best accomplish that while balancing the need to keep some documents confidential? Well, that’s the crux of the issue right there.  

Ripped From the Headlines 

As a case study, let’s look at the recently released policy body camera footage involving Tyreek Hill in Florida. This footage has been in the news and on social media in spite of the fact that the investigation is ongoing and the officers involved are on administrative leave.  

In Virginia, body camera footage may be withheld from the public and the press. It would only have to be released once the case was no longer ongoing pursuant to current law. 

"Ongoing" refers to a case in which the prosecution has not been finally adjudicated, the investigation continues to gather evidence for a possible future criminal case, and such case would be jeopardized by the premature release of evidence.  

Once a case is closed, the list of those individuals who would have a “right” to the footage is short – the victim, the victim’s immediate family if the victim is deceased, the victim’s parent or guardian if they are a minor, and an attorney representing a petitioner in certain legal cases.  

Even under these provisions there are additional procedures such as notification of the victim and allowing the victim the opportunity to file an injunction against release. Other exemptions may still be used to redact records due to the conflict resolution clause in this section of the Code of Virginia. 

Nowhere does it state that the public or the press has a right to access this material whether the case is ongoing or closed.  

While it pains me to say that Florida is doing something better than the Commonwealth, we should be able to at least be able to do as well as them when it comes to transparency.

Back to School

The end of August is back to school time. For Rachel and I, it’s a particularly poignant back to school season as we are about to be empty nesters as we send our youngest off to Virginia Tech in the coming weeks. Seems like only yesterday I was exploiting their youthful cuteness to get constituents to open their doors as I campaigned for office.  

Parents and caregivers of kids of all ages are getting their kids ready for the new school year, buying supplies, picking out the first day outfit, figuring out the new schedules. There is always a mix of excitement and anxiety as we drop our little ones off into the care of their teachers and administrators, whether it’s for a semester or just until later in the afternoon.  

Sadly, a pressing concern for many parents when we drop our children off at school is their safety from gun violence. Schools, which ought to be sanctuaries of learning and growth, are increasingly seen as places fraught with potential danger. 

In response, many schools have implemented a range of security measures, from metal detectors to armed guards. While these steps can offer a semblance of safety, they are not a substitute for comprehensive legislative action. The conversation around gun violence prevention must evolve beyond reactive measures and focus on proactive, preventative strategies that address the root causes of this crisis. 

Gun Violence Prevention Legislation & the 2024 Session

In 2024 I had the honor to serve as Chair of the House of Delegates Public Safety Committee, and I am proud of the great work we did this past session. On the House side alone, we passed nearly 20 bills that would have made our kids at school and our communities safer. Unfortunately, Governor Youngkin vetoed all of them. 

While some of these bills introduced significant policy changes, others were more administrative, aimed at enhancing efficiency and effectiveness. The House Democratic majority would have mandated that fingerprints be included in concealed carry permit applications, required handgun competency training to include live fire at a shooting range, established a five-day waiting period between the initiation of a background check and the purchase of a firearm and ended blanket concealed carry permit reciprocity with states whose permit requirements do not meet Virginia's standards. 

We passed legislation to ban assault weapons, to ban carrying assault weapons in public spaces, and to prohibit anyone under the age of 21 from purchasing an assault weapon. 

Common sense bills designed to enhance safety requirements for firearm storage met the same fate. My bill required firearms to be stored in a locked container when minors were present. Another bill required the purchase of a firearm locking device in homes where minors live. A third bill prohibited leaving firearms unattended in a motor vehicle.  

To prevent those who shouldn’t have firearms from purchasing or possessing one, we passed bills to establish standards of reasonable conduct for firearm industry members as well as a civil penalty for violation. Intimate partners who were convicted of assault or battery were prohibited from purchasing or possessing a firearm. Legislation passed to tighten up laws related to transferring a firearm from one individual to another, to require the Virginia State Police to establish a Substantial Risk Order Reporting System to track these orders by locality, and to prohibit anyone from bringing a firearm into a mental health facility. I’ve introduced a bill to ban “ghost guns” for several years now – plastic firearms that do not have a serial number and are untraceable.  Because they are sold as parts, a background check isn’t required.   

The Governor vetoed every one of these bills. His veto explanation for each one was a variation of the same theme - these bills placed an undue burden on gun owners because of the associated expense, because of the time required to lock or unlock a storage device, because of the delayed time from when a purchase was made and the firearm was received, because the legislation went too far, and because it infringed on the Second Amendment. 

As we send our kids back to school, the focus should not only be on academic readiness but also on ensuring their safety. In the 2025 General Assembly Session, we will again have a chance to focus our energy on meaningful action. By advocating for sensible gun laws and investing in preventive measures, we can take significant strides toward a safer, more secure educational environment (and community) for all students.