What A Virginia GOP Majority Looks Like

This is my last column before the November 7^th general election, where all 140 members of the General Assembly are on the ballot across Virginia. In 2019, I used this column to try to help readers imagine how much better Virginia could be if we managed to take control of both the House and Senate with a Democratic Governor already two years into his term. 

A year later, I used this column to reflect on how much of what I’d predicted had come to pass.

We’d passed seven common sense gun violence prevention bills, expanded voter access to the polls, instituted meaningful criminal justice reform, repealed the death penalty, expanded anti-discrimination laws, passed the Equal Rights Amendment, and continued the minimum wage increase.

Although we lost our House majority by less than 300 total votes in 2021, with the Democrats holding the State Senate, the GOP failed in their efforts to roll back or repeal most of these laws over the last two years, but not for a lack of trying.

We know what can happen if we have the majority.

In 2023, this column is about what happens if the Virginia GOP takes control of the Senate and the House in addition to the top three state-wide offices.

Let's Travel to the 2024 Session

I can tell you it won’t be pretty. Everything that the Republicans have failed to do legislatively, they will do. There will be nothing to stop them.

The Governor has already said repeatedly that he will “gleefully” sign any abortion restriction bill that reaches his desk. I know Halloween is right around the corner, but don’t be tricked by the Governor’s efforts to mask his true intentions. Given the opportunity, the Virginia GOP would pass legislation banning abortion.

This is in spite of the fact that a recently released poll from Christopher Newport University found that more than 70% of Virginians think our abortion laws should stay the same or become less restrictive than they are now.

Speaking of masquerading as something you aren’t, we’ve watching the Governor funding a PR campaign to encourage Republican voters to set aside their concerns about early voting. At the same time, the Virginia House GOP passed bills that would have all but eliminated early voting, reduced the number of early voting days, banned ballot drop boxes, and require even more aggressive purging of voter rolls. They will certainly never pass a Constitutional Amendment on the Right to Vote and restoration of rights will become even less of a priority.

And all the budget surpluses accumulated under Democratic leadership? Look for sweeping corporate tax cuts. Every economic advantage that the Governor wanted for big corporations in the recent state budget, Republicans will push for at the expense of individual taxpayers.

Criminal justice reform and gun violence prevention programs will take a hard hit. They’ll put a stop to any true reform like earned sentence credits. Getting a concealed carry permit will get even easier as will purchasing any kind of firearm. Plus, you’ll see the end of “gun free” zones as firearms will be permitted anywhere.

While it’s possible they won’t come outright with a banned book list, they will institute tighter control over what our public schools and public libraries have access to, and what our kids can read.

And that’s not the only aspect of our kids’ education that will come under attack. We saw their response to COVID-19 protocols. There is already a teacher shortage and Republicans seeming distrust of teachers will only make this worse.

You should expect to see weakening of protections for the LGBTQ+ community from discrimination at schools or in employment under the guise of so-called “religious freedom” exceptions.

The Governor’s withdrawing from the Regional Greenhouse Gas Initiative (RGGI) will have only been the first step in their plan to reduce environmental protections and to continue to deny the extent or even the existence of climate change.

Public employees will likely lose their right to form unions and collectively bargain for better pay and working conditions.

Frankly, I’d rather not find out if these predictions come true. And I’d rather not be writing a March column that points to all the bad bills the Republicans passed during the 2024 Session that the Governor will gleefully sign into law.

This election is so important, and we owe it to ourselves, to those we love, and to our community to ensure that Virginia remains an inclusive place to live, work, and raise a family.

Conspiracy Theories ≠ Good Policy

As the parent of two very young adults who are coming of age at a time when social media is often their primary source of news about current events, I’ve had to spend a lot of effort teaching my kids how to be smart and discerning consumers of quality information. How to tell facts from fiction and identify intentional disinformation campaigns.

Unfortunately, that skill set doesn’t seem to be a prerequisite for employment in Virginia Governor Glenn Youngkin's Administration.

Officials are increasingly relying on fact-free notions from the depths of social media and the internet to shape policy, endangering our democracy and undermining the credibility of our decision-making processes.  

Most recently, Virginia Elections Commissioner Susan Beals quietly announced the state's withdrawal from the Electronic Registration Information Center (ERIC). Founded in 2012, ERIC aims to ensure accurate voter rolls, enhance voter registration accessibility, improve efficiency, and reduce election costs. Sadly, ERIC has become a target of conspiracy theories propagated by the same groups responsible for baselessly perpetuating "The Big Lie" that Donald Trump won the 2020 presidential election, which was supposedly stolen from him. Succumbing to pressure from MAGA election deniers, states like Alabama, Florida, Louisiana, West Virginia, and Texas have recently severed ties with ERIC, and Virginia is now following suit.

Undermining Our Elections

During a press conference, I accused Governor Youngkin of directing Beals to withdraw from ERIC based on unfounded conspiracy theories surrounding its governance and allegations of external manipulation or influence.  

When confronted with my assertions, the Governor's spokesperson chose not to deny them, a silence that speaks volumes. If Youngkin refuses to reject conspiracy theories, he proves himself unfit for the role of governor.  

Joined by Senate Caucus Chair Mamie Locke and House Minority Leader Don Scott at the press conference, I also emphasized the legal implications of withdrawing from ERIC and condemned the ongoing conspiracy theories perpetuated by the Virginia GOP.

Virginia law mandates the comparison of voter registration data with neighboring states as a critical measure to ensure accuracy. However, abandoning ERIC would necessitate the creation of an entirely new system and somehow coordinating with neighboring states in time for future elections. This alternative approach involves negotiating individual agreements with each state, leading to less accuracy and consuming valuable time. Unsurprisingly, this follows the Republican pattern of undermining the election system, only to shift blame and assert that the system itself failed when issues arise.

Moreover, Beals' resignation letter citing increased costs as the primary reason for withdrawal strains credulity.  

Mere months before pulling Virginia out of ERIC, Beals sang the programs praises in her annual report to the Chairs of House and Senate Privileges and Elections Committees, noting:

“The ERIC program membership fee from July 1, 2021 to June 30, 2022 was $37, 644. The data quality from the ERIC program is significantly better than other interstate exchange programs and any program that ELECT could operate in-house with existing resources.  The ERIC membership costs are less than the costs incurred if ELECT were required to create and manage an in-house program resulting in the same quality of data.”

Conspiracy Theories Are Not Policy

It is evident that collaborative programs like ERIC are cost-effective, as expenses are shared among multiple states. Venturing down this path alone would undoubtedly burden Virginia with significantly higher costs.

Republicans in Virginia have repeatedly made baseless claims of voter fraud but have failed to produce any evidence to support their assertions. Nonetheless, they persist in pushing legislation that aims to hinder people's voting rights, particularly those who are likely to vote for Democrats. It is a clear attempt to suppress the vote and disenfranchise voters.

The 2020 election was not stolen. It stood as one of the most secure elections in American history, devoid of widespread voter fraud or any evidence of manipulated votes impacting the outcome. The claims of voter fraud propagated by Republicans are simply false.
 

The decision of the Virginia GOP to withdraw from the Election Assistance Commission (ERIC) serves as a smokescreen. ERIC, a nonpartisan organization, provides technical assistance to states in improving their election systems. There is no evidence linking ERIC to voter fraud, and withdrawing from the organization will not enhance election security.

 

The Virginia GOP's decision to withdraw from ERIC stems from baseless conspiracy theories regarding voter fraud. These theories lack supporting evidence and should not guide policy-making.

The right to vote is the bedrock of our democracy. We must safeguard this right and ensure ease of access for all. The Virginia GOP's attempts to suppress the right to vote are a threat to our democracy, and we must stand up to them.

Reconvene & Restoration of Rights

I have some major news to share with you this month. Last week, my colleague, Kaye Kory, announced her retirement after many years of dedicated service to the people of the Commonwealth. I want to take a moment to express my gratitude to Kaye for her service and leadership. Kaye has been a tireless advocate for her constituents and a fierce defender of progressive values in Richmond. Her leadership and contributions to the Virginia House of Delegates will be greatly missed.

As you may know, both of our homes were drawn into the new 13th District by the Redistricting Commission and we would have had to face each other in a primary on June 20th. However, with Kaye’s decision to retire, I am now the official Democratic nominee for the district. I am honored to have the opportunity to continue to serve the people of the 13th District and to build on the progress we've made together. 

Reconvene Session

In other big news, the Virginia General Assembly Session and Reconvened Session have both wrapped up, with more than 800 new bills becoming law this year. We reviewed 78 recommendations and 3 vetoes from the Governor during Reconvene – while we upheld his vetoes, we did not accept all of his recommendations, sending 16 bills back to him to reconsider. He now has until May 12th to either sign or veto those remaining bills. You can view all the legislation from that day online at lis.virginia.gov.

One issue that drew a lot of attention during the Reconvene Session was the Governor's attempt to amend legislation to prohibit Virginians from exercising their first amendment rights by making it a crime to picket near the homes of Supreme Court Justices. Thankfully, this measure failed, and Virginians can continue to exercise their constitutional right to protest peacefully.

However, there is still some unfinished business in the Commonwealth. Despite a revenue surplus of $3.6 billion, we still don't have a supplemental budget bill to allocate this money to support public education and unmet needs for mental health services. Unfortunately, the Governor insists on using the surplus to cut taxes for giant, wealthy corporations, while Democrats are advocating for investing in the well-being of our citizens. It's crucial to prioritize the needs of our community, and I'm hopeful that we can reach a bipartisan agreement to use this surplus in a way that benefits all Virginians. 

Restoration of Rights

Finally, I want to draw your attention to an important issue that affects the rights of thousands of Virginians - the restoration of voting rights for former felons who have completed their terms of incarceration. The day before Reconvene Session, I participated in a news conference at the Bell Tower in Richmond, calling on the Governor to resume his predecessor's practice of automatically restoring these rights. We had a big crowd, including Senators Dick Saslaw and Maime Locke, House Democratic Leader Don Scott, himself a former felon whose rights were restored by Governor Bob McDonnell, and dozens of advocates and other legislators.

It was heartening to see the strong turnout and support for this cause, especially from those who, like Delegate Scott, have experienced the challenges and barriers that come with having a criminal record and have worked so hard to overcome them.

The Governor recently changed the policy to individually review each case, with no clear process for applying for restoration of rights. This new policy creates significant obstacles for many individuals who are trying to move forward with their lives and once again engage in their communities, exercising their right to vote as citizens of the Commonwealth.

I am deeply troubled by this change in policy and the lack of transparency and fairness in the current process. It's time for the Governor to live up to his values of forgiveness, mercy, and second chances and restore the rights of these individuals who have completed their sentences and are ready to fully participate in our democracy.

I urge the Governor to return to the automatic restoration of voting rights, as it's a crucial step in promoting a more inclusive and just society. As always, I am committed to representing the interests of the people of the 13th District and to working hard to create a better future for all Virginians.

Redistricting, Retirements, and the 2023 Election

When the Virginia General Assembly meets next January, it will be a much different body than the one that adjourned last month. In addition to the retirement of giants like Senator Dick Saslaw and Delegate Ken Plum, dozens of other members are not seeking reelection, are running for a different office, or are paired with another incumbent in a seat that only one of them can represent next year.

It’s mathematically certain that at least 30 or close to a full third of the 100 member House of Delegates will be brand new members when they take the oath in January of 2024.

Why such a major shift? Some of it is just timing. Saslaw and Plum are both in their 80s, plus Senate Finance Chair Janet Howell had always planned for this to be her final term. A much larger portion of the turnover is a result of the redistricting fiasco brought on by the ill-considered Constitutional Amendment which left the task to a bi-partisan, bi-cameral hybrid legislative/citizen commission.

Despite my every effort to offer a palatable compromise to the GOP members, the Commission deadlocked, meaning the Supreme Court of Virginia and their two special masters took over. The Special Masters looked at the General Assembly’s legal criteria establishing guidelines for drafting their new map and did not find any authority to consider incumbent addresses or to avoid incumbent pairs when creating new districts.

As a result, nearly half the House and Senate members initially found themselves paired with another incumbent. Some of those pairings resolved themselves when one incumbent moved to an adjacent district. Others involved members of the House running for Senate, either to avoid an incumbent pairing or because the newly created Senate Districts appear more favorable than their new House Districts. In some cases, a paired incumbent elected not to run at all.

Some people may not be bothered by the massive loss of experience and institutional knowledge this round of redistricting has wrought. I can understand those who might argue that turnover and fresh faces are a feature rather than a bug of redistricting reform.

However, we’re often told that the real goal of redistricting reform is to reduce the political polarization plaguing state houses caused by gerrymandering — the practice of drawing odd shaped and seemingly illogical districts crossing various city and county lines, dividing communities of interest in order to gain political advantage for the party in charge. If you banned the practice, we were promised, the districts would naturally be less partisan and politicians running in them would once again be incentivized to tailor a message to appeal to centrist voters.

Only that’s not what happened.

Even if you think the large amount of turnover is a good thing, the new faces will almost all be coming from even more politically polarized districts than the ones these experienced legislators are vacating.

By packing us all into nice, geometrically pretty districts, we’ve created 46 or 47 safely Democratic districts where you can win without a single Republican or independent vote, and about 42 or 43 on the Republican side. This leaves maybe 10 -12 competitive seats up for grabs in November.

Senator Howell said in an interview with the Richmond Times Dispatch that she “does not look back on her 32-year legislative career with many regrets, but one of them was her vote on the 2021 redistricting.” She goes on to say she “didn’t see the long-term implications” and that she “never bought the idea that incumbency doesn’t mean anything.”

One thing is clear. Those of us that return will have a much heavier load than usual to carry. In addition to having to work with the political neophyte who currently occupies the Governor’s mansion, we’ll have 30+ brand new Delegates with differing levels of experience and knowledge of the legislative process.

We will need our delegates and senators to not be afraid to be a bit partisan, to fight for our shared progressive values that got us the majority in 2019 and hopefully again later this year. That’s what won those elections and enabled us to pass legislation that made the Commonwealth more inclusive, our communities safer, voting more accessible, and criminal justice more attainable. We best represent our districts when we speak out against injustices and lift up policies that truly make a difference in our constituents’ lives.

What are you willing to do?

Protecting rights to abortion care is the reason I am in the General Assembly today.   

When I got married, although my wife shared my political leanings and admired my involvement in the community on the various boards and commissions for which I volunteered, she had no interest in being the spouse of an elected official. And she certainly didn’t want the demands of elected office taking me away from our young family. 

Something changed, though, one night when we were watching late night TV in 2012.  Virginia was in the headlines for passing a bill requiring anyone seeking abortion care to be subjected to an invasive transvaginal ultrasound regardless of whether it was deemed medically necessary or not.  

That was when we decided that it was worth our family making those sacrifices to fight to protect abortion rights. I ran for the seat of my retiring mentor in 2013 and took office in 2014. Our small little Democratic minority, barely able to prevent a Governor’s veto from being overridden, fought to win seats, one election at a time, until finally in November 2019, we were able to take the majority. And then, in 2020 we were finally able to repeal that transvaginal ultrasound mandate in Virginia.  

We used that majority to fight for other rights too. We protected the right to vote by increasing voter access, moving Virginia’s ranking up 37 spots for ease of voting. 

We fought to protect human rights, creating a comprehensive anti-discrimination law, the Virginia Values Act, to prevent discrimination in housing, employment and public accommodations.  

We worked to protect the rights of all kids to feel safe and respected in their schools, creating model policies for the treatment of transgender students, allowing them to focus on learning in an environment free from bullying, bigotry and fear.  

Workers’ rights to earn a living wage for an honest day’s work were strengthened through our efforts to promote collective bargaining and raise the minimum wage.  

Our right to be able to enter public spaces free from the fear of gun violence was respected with common-sense gun violence prevention laws, including empowering localities like Fairfax County and Falls Church City to restrict firearms from public buildings and parks.  

We accomplished so much in those two years. Now, we’re dealing with a very different Administration that is intent on rolling back this progress, much like we’re seeing in other states and in Congress. 

Last week, I attended the Spring Conference of the DLCC in Annapolis Maryland where I had a chance to meet and talk with Democratic state legislators from around the country. When they saw Virginia on my name tag there were like “oh, Virginia” – and gave me a knowing sigh or nod.  

In all our Virginia odd-year election cycles we say that the country is watching Virginia.  As often as I’ve said it - I never knew if it was really true or not. Turns out it is true.  

In spite of the fact that more than 6 in 10 Loudoun County voters went Democratic, what people saw on the national news was the noise a small minority was able to generate there. 

Legislators from New Mexico have developed talking points about Critical Race Theory and are working on a strategy for making sure parents know how much they matter and how important they are in making educational policy.  Folks from Florida see our Governor trying to out DeSantis their Governor and told us just how damaging their new “don’t say gay” law is turning out to be.  

The Governor knows he’s being watched too. We Virginians, particularly those of us here in Northern Virginia, are no longer his target audience.  

The regular session is over. Reconvened session, the one-day session where we vote on whether or not to override Governor’s vetoes and adopt his recommended changes to our bills, has come and gone. All without a budget for the Commonwealth.  

During our veto session I made some headlines comparing the Governor’s plan to force the entire Loudoun County School Board to stand for reelection a year early (and two years in a row) to something a dictator like Vladimir Putin might do.   

Was that over the top? Or was it an apt comparison?  

We’ve all been impressed watching ordinary Ukrainians going to extraordinary lengths to fight for their country and their right to self-determination.  

What are we willing to do to protect our rights?