Virginia’s so-called “sore loser” law is supposed to ensure that when a candidate is defeated in a Republican or Democratic primary, they can’t drop their party affiliation and appear on the general election ballot next to the person who beat them.

As the state’s closely watched election season, which will determine control of all 140 seats in the General Assembly, ramps up, the letter and spirit of that law are being tested. A handful of unsuccessful primary candidates have tried to keep their campaigns alive after defeat while attacking their own parties for allegedly corrupting the process.

Makya Little, a Northern Virginia House of Delegates candidate who narrowly lost a Democratic primary in June, went as far as filing a lawsuit that seeks to have her primary loss overturned. The suit, which has not yet been resolved in Richmond City Circuit Court, also seeks to have Little’s name appear on ballots as an independent candidate despite the fact that she, like all primary candidates, signed a form acknowledging her name couldn’t be on the ballot if she lost her primary.

In occasionally blunt language, attorneys representing state election officials argued Little’s case should be thrown out because she and her supporters are “trying to convert their disappointment into a lawsuit.”

“This case is about an attempt by a defeated politician to overturn the results of an election,” wrote the state’s attorneys.

The state is also seeking to add Rozia Henson — the Democrat who defeated Little in the primary by just 49 votes — as a party to the lawsuit, saying the case has ramifications for him as the primary winner. Henson is the only candidate on the ballot in the heavily Democratic 19th House District, made up of parts of Fairfax and Prince William counties.

In an interview, Little acknowledged her attempts to appear on the ballot failed since the ballots were printed weeks ago, and early voting got underway last Friday. However, she said she intends to continue the lawsuit and keep arguing the state needs a better mechanism to resolve disputes over whether primaries were conducted fairly. Little now identifies as an independent but said she still supports many Democratic priorities.

“It’s disappointing that the party of inclusion can be so exclusionary,” Little said. “And what they call vetting is actually gatekeeping.”

Sen. Amanda Chase, R-Chesterfield, one of Virginia’s most prominent purveyors of unfounded election fraud claims, explored the idea of running a write-in campaign after losing a suburban Richmond primary battle against former state Sen. Glen Sturtevant. Chase told supporters in a Sept. 13 email she was dropping that plan because write-in campaigns involve “far too much work with little return.” She also floated the possibility of a statewide campaign next year without identifying a specific office.

In a more politically significant development, Matt Strickland, an anti-establishment conservative who sought the GOP nomination in a Fredericksburg-area Virginia Senate district, is encouraging supporters to write his name on their November ballots despite losing a June primary to Del. Tara Durant, R-Fredericksburg.

Durant is facing Democrat Joel Griffin and independent Monica Gary in a battleground district being heavily contested by both parties, and the prospect of Strickland drawing conservative votes away from Durant adds another complication for Republicans hoping to win full control of the legislature. Democrats currently have a 22-18 majority in the Senate.

“The only way that the Republican Party will change is we withhold our vote from them for winning these primaries via corruption,” said Strickland, who also accused Gov. Glenn Youngkin of supporting a “globalist agenda.” Youngkin endorsed Durant in the primary.

Republicans have downplayed Strickland’s impact on the race.

“I just don’t think there’s a whole lot of wind beneath their sails, so to speak,” Durant said Tuesday. “You take everything seriously, but you’ve got to focus on those who are on the ballot.”

Griffin, the Democrat who stands to benefit from a split GOP vote, took a different view of Strickland’s role as a potential spoiler.

“We’ve seen a number of voters who are frustrated with the lack of performance from Tara,” he said. “I think there’s a lot of people in the region that do support him.”

Virginia’s sore loser law only prohibits candidates from appearing on the ballot after losing a primary, but candidates can theoretically win if they can educate enough supporters about the need to look past the official list of candidates, fill in the write-in box, and spell the name (mostly) correctly. State Del. Nick Freitas, R-Culpeper, pulled off that feat in 2019 after paperwork errors left him off the ballot in his strongly Republican district, but he received a $500,000 donation from a Republican donor to fund the extraordinary outreach effort.

In court filings portraying Little’s lawsuit as legally meritless, attorneys for the state emphasized that Little could technically still win as a write-in candidate under Virginia’s system.

The sore loser law Little is targeting serves a valid democratic purpose, the state argued, by preventing party infighting, minimizing voter confusion, and ensuring that primary elections don’t become “meaningless.” Little’s allegations that various Democratic officials tilted the primary against her, the state’s filing contends, have nothing to do with official election functions and the laws that govern them.

Little has been claimed. Democratic leaders in Prince William and Fairfax counties manipulated the primary process by allowing party officials to be involved with other candidates’ campaigns, deleting her social media posts from party pages, canceling a “bilingual voter drive,” and steering endorsements to her opponent.

Little, who says she’s representing herself in the lawsuit because no lawyers would take the case, insisted her post-primary efforts are about standing up for the voters in her district.

“It’s bigger than just my campaign. It’s bigger than just this one race. It’s bigger than just this one election cycle,” she said. “This has become a pattern and practice of the parties to control who has access to the ballot.”

The 2023 primary season has also drawn attention to a possible loophole in the sore loser law.

In a local race in Roanoke County, a candidate dropped out of a Republican contest just days before the June 20 primaries but then filed to run as an independent. That candidate, Tom McCracken, also abandoned his independent run last month, according to WDBJ7.

In a Sept. 14 advisory opinion on a hypothetical scenario that matches what happened in Roanoke County, Attorney General Jason Miyares said that, as written, the law allows primary candidates to avoid triggering the sore loser restriction by dropping out of a primary at the last minute. Even if it occurs after voting has started with the candidate’s name printed on primary ballots, a formal withdrawal from the race doesn’t count as being “defeated” in the primary, Miyares wrote.

Theoretically, Miyares opined, a primary candidate could evade the sore loser law by dropping out “at any point prior to the closing of the polls on the day of the primary election.”

Staff reporter Charlie Paullin contributed to this report.

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RICHMOND, Va. — Gov. Glenn Youngkin recently issued an executive directive that emphasized the looming impact of artificial intelligence, though higher education is only beginning to grapple with how to utilize AI.

Youngkin’s order is to ensure AI is used responsibly, ethically, and transparently in state government, job creation, and education.

A survey released earlier this year found that 60% of college students polled have not been taught how to use AI tools ethically or responsibly by higher education instructors. The same percentage of students also think AI tools will become the new normal, according to the BestColleges survey.

A U.S. Department of Education policy report published in May stated support for using AI to improve teaching and learning. The department stated the need to develop clear policy for AI use and that the anticipated risks and unintended consequences must be addressed.

ChatGPT was released to the public less than a year ago. The chatbot uses language models to mimic human writing and dialogue. It can respond to questions and generate various written content, including emails, prompts, and articles. The chatbot is a form of generative AI that can also create images, videos, songs, and code.

Educators at every level are now faced with how to appropriately address the new technology.

Like many universities, Virginia Commonwealth University faculty and staff continue to discuss AI’s role and how to guide professors moving forward, according to Mangala Subramaniam, the university’s senior vice provost of faculty affairs.

VCU will solicit feedback from faculty on Sept. 26 to learn how AI has impacted their classrooms. The university will create an advisory council of faculty who are familiar with AI and who can provide updated guidance for professors.

Faculty at VCU are either fearful of the technology or they’re willing to experiment with it, according to Subramaniam.

The university held two forums earlier this year focused on the potential challenges and opportunities of AI, including ChatGPT. Professors have the freedom to decide if they want to use AI in their classroom and are advised to make expectations clear in the syllabus about its use, according to Subramaniam.

Educators may face problems with AI, including plagiarism and how to detect if a student uses AI. Students may face uncertainty about acceptable and allowed use. VCU describes AI plagiarism and copyright as a “difficult topic” and advises that it should be made clear to students they will be punished if they submit AI-generated work as original content, according to the VCU learning tool guide.

Educators and businesses need clear ways to detect AI-generated work, which has driven an industry response.

The software Turnitin allows educators to detect originality and plagiarism. It can now detect 97% of ChatGPT and GPT3 writing, according to its website.

VerifiedHuman is a relatively new company that seeks to differentiate human-made media from AI-generated media, according to its founder, Micah Voraritskul.

VerifiedHuman is conducting a study where the company will collect a thousand writing samples from college and high school students across the globe to see what is written by a human, written by AI, or put through an AI scrubber, according to Voraritskul. A scrubber is intended to modify AI-generated text and make it appear more human.

“I think what we’re trying to do is help institutions of higher learning have some kind of policy,” Voraritskul said.

Teachers are nervous about AI because their job is to assess student learning, he said.

“It’s hard to assess student learning … if 90% of assessment is done in writing and you can’t determine whether or not the student wrote that, you don’t know what the student has actually learned,” Voraritskul said.

Student and faculty reaction to AI use depends on the assignment, the outcome, and the standards of learning. Arielle Andrews is a VCU interdisciplinary studies student with a focus on media studies, sociology, and creative writing. She is a contributing writer for the independent student newspaper, The Commonwealth Times.

“I think the best thing to do for students is instead of teaching them to fear, or like have a disdain for AI, is to more teach them how to work alongside it and use it ethically,” Andrews said.

AI can be a beneficial tool and better used for things that are not “super impactful to the learning process,” Andrews said.

“If an assignment can easily be completed by AI, then it’s not testing those human traits of writing that it should,” Andrews said.

Voraritskul is “pro AI.” The tools can help students do better work in the future, he said. However, he sees the potential danger of AI’s influence on critical thinking and understanding difficult concepts.

“When teachers are asking students to figure hard things out, they want them to use their brains,” Voraritskul said. “They want them to exercise their brain muscle so they can figure out what’s going on in this problem.”

Although the BestColleges survey found students were concerned about AI’s impact on their education, more students were concerned about the impact of AI on society at large.

Voraritskul recalled that math teachers all over the world were concerned students would not learn how to add or subtract when Texas Instruments mass-produced the first affordable calculators.

“Well, that wasn’t true,” Voraritskul said. “And what are you going to do? Stop the calculator? Stop the computer? Stop the internet? Stop AI? No, you can’t. You have to adjust.”

By Nicole Staab
Capital News Service

Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

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Following criticism by Gov. Glenn Youngkin’s administration, Virginia’s Department of Education will begin to develop a new system for tracking public schools’ and students’ performance.

A June report from Virginia Secretary of Education Aimee Guidera and Superintendent of Public Instruction Lisa Coons to the General Assembly noted that most states have both an accreditation system, which assesses whether schools are meeting all requirements laid out in state laws and regulations, and an accountability system, which provides “timely and transparent information on student and school performance.”

President Grace Creasey listening to a presentation at the Board of Education’s business meeting on Sept. 14, 2023. (Nathaniel Cline/Virginia Mercury)

“Virginia’s current accreditation system combines these two systems into one system as a single accreditation system, limiting transparency into how schools maintain compliance and recognize student achievement independent of each other,” the report found. It went on to recommend that Virginia develop “a distinct, stand-alone accountability system” that provides information about how each K-12 school is preparing students.

Virginia’s current system focuses on accreditation and measures schools based on not only academic achievement, performance gaps, student attendance, and graduation and dropout rates but also factors like building safety, student-teacher ratios, and licensure. Schools are then labeled “accredited,” “accredited with conditions,” or not accredited.

The Virginia Department of Education has said the current system is unclear and should be revised to address recent declines in student performance in core subjects such as math and reading.

“This is an important move to show transparently how schools are growing children, how they’re meeting achievement measures, and how they’re readying kids for the future,” said Coons.

On Thursday, the Board of Education voted to direct the department to develop two different measures to track academic performance: an achievement index and an overall school rating.

The index measure would provide a picture of a school’s achievement level based on students’ performance on assessments, with different levels of performance, like basic, proficient, or advanced, receiving different weights.

Scott Brabrand, executive director of the Virginia Association of School Superintendents, said Thursday the index “allows schools to count the achievement of every child, and it also allows teachers to focus on every child in their classroom, not just focusing on those on the bubble for proficiency.”

The former John B. Cary Elementary School in Richmond was renamed Lois Harrison-Jones Elementary School in 2023. (Mechelle Hankerson/Virginia Mercury)

A second or “summative” measure would provide a school rating based on nine factors that would include not only student performance but also graduation completion and dropout rates. That metric would be similar to those used in states like North Carolina and Maryland and could take the form of A-F grades, stars, or another ranking.

While the superintendent’s association is also supporting the summative measure, the Virginia School Boards Association expressed concern that it could negatively impact a school division’s ability to recruit teachers or obtain needed resources.

“Whether it is at A-F, a series of stars or descriptive labels, VSBA is concerned that unless the rating system is used to drive resources and supports students and schools in challenging environments, the label will do more harm to schools and increase the likelihood of a school not making needed strides and academic achievement,” said JoWanda Rollins-Fells, a member of the group’s board.

Board member Anne Holton, an appointee of Gov. Terry McAuliffe, said she needed more information about whether the summative measure would contribute to residential segregation before supporting the proposed accountability rating system. Some researchers have argued that poor school ratings increase the likelihood of parents moving their children to private or charter schools, leading to decreased funding a public school receives from the state.

“I think that would be an important factor for us to consider as we move forward,” Holton said.

Last fall, the previous board began reviewing the state’s current accountability system to address Virginia students’ declining scores on state and national assessments.

Since then, Youngkin, who has been vocal in his criticism of the state’s current accreditation system, has appointed three new board members. Currently, eight of its nine seats are filled with his appointees.

Board President Grace Creasey, one of Youngkin’s appointees, on Thursday, said the board had discussed accreditation and accountability for a year because of the “complexity” and “lack of transparency” of the state systems, which she said don’t effectively measure student performance.

“We’re really starting to put the skeleton of this project together in order to get to a very robust end goal, and so I’m very happy [with] the guardrails that we’ve created today to inform our work further as we move forward,” she said after the meeting.

Kimberly Bridges, an assistant professor of educational leadership at Virginia Commonwealth University, said the new approach to accountability “will be helpful to schools, teachers, leaders, students, as well as parents.”

Bridges, who served on the working group that helped craft the June recommendations, said she had hoped the board would have considered in more depth the degree to which achievement measures should prioritize proficiency or growth. The working group had urged the board to include both factors in any measures.

Creasey said growth measures may not be informative for parents, while proficiency measures would allow direct conversations about achievement between administrators, teachers, and parents.

On Thursday, the Virginia Association of School Superintendents and Virginia School Boards Association requested the board delay voting on any of the new accountability measures to give the public time to review the options.

Creasey, however, said the development process will last a year and allow public comment and stakeholder input opportunities.

“The process had to start somewhere,” she said.

An updated timeline calls for VDOE to collect data on the indicators included in the new accountability system from August 2024 to July 2025 and implement the system in August 2025. The board would vote again on the proposal next summer.

by Nathaniel Cline, Virginia Mercury

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

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A Fresh Wave of Protectors for the Commonwealth.

In the heart of Richmond this past Friday, the 15th of September, the Virginia State Police Academy proudly celebrated a pivotal moment. The 139th generation of Virginia State Troopers, a diverse and rigorously trained group, was handed their diplomas in a ceremony filled with pride and hope.

Colonel Gary T. Settle, the Virginia State Police Superintendent, shared his admiration and belief in this new generation, commenting, “For 91 years, the Virginia State Police has stood as a beacon of security, ensuring safety for every individual residing, working, or merely passing through the great Commonwealth of Virginia. The dedication we’ve observed from these graduates reassures us that they are more than ready to uphold the lofty standards that come with our emblem.” His words resonated with the promise that the legacy of service and dedication the State Police embodies will continue.

These fresh troopers have undergone an extensive and comprehensive training regime. Their preparation involved a grueling 1,300 hours spanning a vast array of topics. Not only were they schooled in the expected areas like constitutional law and emergency medical care, but also in more sensitive and essential subjects such as de-escalation techniques, strategies for assisting individuals experiencing mental health crises, and promoting fairness and impartiality in policing. Starting their journey on February 27th, earlier this year, these recruits were immersed in 28 weeks of academic, physical, and hands-on training, proving their dedication and resilience.

Illustrating the appeal and prestige of the Virginia State Police, the 139th Basic Session witnessed a rich tapestry of backgrounds. Recruits hailed from all across the Commonwealth and from states such as Arkansas and Texas. Furthermore, international representation was seen from places like the Dominican Republic, Haiti, and Saipan. Such diversity is a testament to the universal desire to serve and protect communities.

As they transition into their roles, the week of September 18 will see these troopers disperse across Virginia to their designated duty assignments. But the learning doesn’t stop here; each trooper will undergo an additional six-week intensive with a Field Training Officer, familiarizing themselves with their new patrol regions and ensuring they’re best equipped to serve their communities.

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Unprecedented Tax Relief and Strong Commitments to Education, Safety, and Economic Growth.

In an era where political division often seems the norm, Virginia Governor Glenn Youngkin struck a chord of unity and progress on Thursday, September 14, 2023. Standing on the Capitol steps, Youngkin put pen to paper and sealed his promise of change, officially signing the Virginia State Budget.

Pledging his commitment to all Virginians, Governor Youngkin’s new budget has been touted as a beacon of conservative commonsense, prioritizing lower living costs, strengthened education, and unwavering support for law enforcement.

The highlight? A whopping $1 billion in tax relief, supplementing last year’s significant $4 billion cut. This initiative will notably return up to $200 to single taxpayers and double that for married couples. Moreover, small businesses will benefit from a tax relief that promises to save them an estimated $10.3 million annually by 2024.

In the realm of education, Youngkin and his team have earmarked $653.3 million for K-12 education and schools. The fund will combat learning losses, bolster support staff, and further extend the Virginia Literacy Act. In addition, the budget allocates a well-deserved 2% raise for teachers and school staff from January 1, 2024, enhancing their previous 10% raise proposal.

Our communities’ safety isn’t overlooked either. The budget presents a thoughtful $155.6 million new allocation targeting a gamut of mental health services, from crisis centers to psychiatric programs in hospitals. This initiative acknowledges the urgent need to address mental health challenges, especially in today’s complex societal landscape.

Economic growth remains a centerpiece of Youngkin’s vision. Investments in infrastructure, such as the $150 million set aside for the Interstate 64 expansion between Richmond and Williamsburg, coupled with the establishment of the Virginia Power Innovation Fund, signal a forward-looking strategy. The budget also earmarks funds for flood victims, stormwater management, and more, underscoring the administration’s commitment to a resilient and sustainable future.

Delegate Barry Knight and Senators Janet Howell and George Barker lauded the budget, emphasizing its bipartisan nature and its robust support for public schools, law enforcement, and mental healthcare.

Governor Glenn Youngkin’s signing of the Virginia State Budget sets a promising precedent for the future. While the budget’s figures are impressive, it’s the underlying message that resonates the most: a pledge to work across divides, prioritize citizens, and create a thriving Commonwealth for all.

Highlights:

Cutting Costs For Virginians

• $1 billion in tax cuts. On top of last year’s cuts, which totaled $4 billion, Governor Youngkin has signed over $5 billion in tax relief.

• Reinstates the state-wide sales tax holiday for school supplies, clothing, and footwear.

• Sends taxpayers back their money, up to $200 for single filers and $400 for married couples filing jointly.

• Increases the standard deduction to $8,500 for single filers and $17,000 for married filers.

• Provides tax relief to more veterans by eliminating the age restriction on military retirement income tax relief.

• Increases the business interest deduction from 30% to 50%, which will save small businesses and employers $10.3 million annually in tax year 2024.

Restoring Excellence In Education

• $653.3 million in aid for K-12 education and schools divisions.

• $418.3 million of that is one-time General Funds targeted to fight learning loss and chronic absenteeism.

• $152.3 million is to hire more support staff for students and teachers.

• $6.7 million in federal Elementary and Secondary School Emergency Relief Fund dollars devoted to expanding the Virginia Literacy Act to grades 4 through 8.

• $54.6 million from the General Fund to give teachers and other school staff a 2% raise starting on January 1, 2024. This is on top of the 10% raise for teachers that the Governor proposed last year.

Keeping Our Communities Safe

• $155.6 million in new spending for mental health services, including:

• $58.0 million to create crisis receiving centers and crisis stabilization units

• $34.0 million for permanent supportive housing and housing for individuals with serious mental illness

• $18.0 million for a targeted pay raise of an average of 5% for all Community Service Board staff

• $11.7 million for school and community-based children’s mental health services

• $10.0 million for 15 additional mobile crisis teams

• $10.0 million to contract for psychiatric emergency programs in hospitals

• $4.4 million to increase funding for the first three steps of STEP-VA

• $4.0 million for the Virginia Mental Health Access Program

• $15.0 million to increase support for the Operation Ceasefire Grant Program

• $9.5 million for healthcare workforce initiatives to close the nursing and behavioral health workforce shortage.

• $10.0 million to establish the Safer Communities Program.

• $5.1 million to support TDO/ECO transportation activities and local law enforcement agencies.

• $1.2 million for the Internet Crimes Against Children Task Force to backfill reduced fine and fee revenue receipts.

Reinvigorating Economic Growth And Making Government Work for You

• $150 million devoted to widening Interstate 64 between Richmond and Williamsburg.

• $125 million devoted to the Virginia Business Ready Sites Fund, plus $75 million to empower the Commonwealth to procure sites and make them ready for large employers.

• $18 million devoted to the victims of the Southwest Virginia floods that occurred in 2022.

• $17.0 million for managing stormwater encroachment in the City of Virginia Beach.

• $12.3 million devoted to closing the remainder of the unemployment insurance appeal backlog.

• $10 million devoted toward developing an inland port in Southwest Virginia.

• $4 million will go toward launching the Virginia Power Innovation Fund to make Virginia the landing ground for future energy technologies and supply chains.

• $6 million devoted toward economic development activities related to the Partnership for Petersburg.

• $700,000 for the Dairy Producer Margin Coverage Premium Assistance to support Virginia’s dairy farmers.

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The U.S. Food and Drug Administration on Monday approved the latest round of COVID-19 boosters as public health officials brace for another cold and flu season.

by Jennifer Shutt, Virginia Mercury

Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

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