Democratic leaders in the Virginia Senate thought they could go their own way on the scheduling and policy agenda for a rare June special session. But things didn’t go according to plan Tuesday as the Senate spent a whole day in Richmond without taking up a single bill.

Supporters of the Virginia Military Survivors and Dependents Education Program watch lawmakers from the Senate gallery. (Graham Moomaw/Virginia Mercury)

Supporters of bills to legalize skill games and reverse recent cost-cutting measures imposed on a program that allows some military families to get tuition-free college filled a meeting room Tuesday morning to see the Senate act on the two hot-button issues that were expected to be on the agenda.

Virginia Senate set to take up military tuition program, skill games

The Senate committee that was supposed to get the day rolling Tuesday morning gaveled in an hour late as senators repeatedly ducked in and out of backroom huddles. And when the Senate Finance and Appropriations Committee meeting got underway, Chair Louise Lucas, D-Portsmouth, announced the committee wouldn’t be voting on either topic after all.

When that committee meeting ended, Democrats leaders hinted they had a backup plan in the works as they headed to the Senate floor. When that plan also failed to gain traction, the Senate wrapped up its day without much of anything happening except speeches.

“I’m livid. It’s ridiculous,” said Norfolk military wife Suzanne Wheatley. “I took a day out of my life, I took a day out of my child’s life, to be here.”

The lack of action left both issues in limbo as the Senate left town again with a vague agreement to reconvene by July 1.

Wheatley and several other people who traveled to Richmond Tuesday expressed disgust over what they saw as a round of political sniping over veteran benefits that went nowhere and gave them no clarity on what the state intends to do about the Virginia Military Survivors and Dependents Education Program, or VMSDEP.

“It’s a move-the-goalposts exercise,” said Stafford County military veteran and advocate Caitlin Goodale-Porter.

VMSDEP waives public higher education for spouses and children of military members killed or severely disabled as a result of their service. Alarmed by a spike in the numbers of students using the benefit and the associated costs for state colleges, policymakers recently changed the rules of the program to make fewer families eligible for it.

A bipartisan budget deal approved last month imposed a stricter Virginia residency requirement, prevents the waivers from being used for advanced degrees or a second undergraduate degree and requires participants to first pursue other forms of financial aid and only use VMSDEP for remaining costs.

Though Democrats have pointed out many Republicans backed the VMSDEP changes before demanding that they be reversed, Democrats are split over whether they should go along with Gov. Glenn Youngkin’s call to immediately repeal the VMSDEP reforms. The inaction Tuesday gave Republicans an easier opening to argue dysfunction in the Democratic-controlled legislature was preventing a policy misstep from being fixed.

Lucas refused to docket a bill backed by the Senate Republicans and at least four Senate Democrats, numbers that could’ve given the legislation enough votes to pass in a chamber where Democrats hold a slim 21-19 majority.

“I stand with our military heroes, first responders, and their families today who are stunned that Senate Democrat leadership failed to even consider a simple bill, supported by a bipartisan majority of Senators, to reverse the changes to VMSDEP by fully repealing the language, and addressing this in the full light of day,” Youngkin said in a statement late Tuesday afternoon. “These men and women deserve so much better.”

Two Democratic lawmakers — Sens. Jennifer Boysko, D-Fairfax and Suhas Subramanyam, D-Loudoun — were absent from the Capitol Tuesday as they both competed in a congressional primary election the same day. Given the lack of votes in the Senate, it’s unclear if their absence affected Democrats’ decision to not bring any bills to the floor. All 19 Republicans were present, giving the GOP equal voting strength to Democrats with Republican Lt. Gov. Winsome Earle-Sears acting as the tie-breaker.

Both parties in the House of Delegates have expressed support for passing a complete repeal bill like the one Lucas blocked when the House returns to the Capitol on June 28.

Democratic leaders in the Senate said it was Republicans who were being intransigent by refusing to work with the majority party.

“The Republican caucus wouldn’t cooperate with us on any of the two solutions we proposed,” Senate Majority Leader Scott Surovell, D-Fairfax, told reporters after the Senate finished for the day.

Lucas had filed a bill partially rolling back the VMSDEP changes by ensuring that anyone using VMSDEP to enroll in classes this fall wouldn’t be impacted by the eligibility changes and exempting the families of veterans killed or wounded in combat with a 90% disability rating. Democrats have said that proposal would reduce the disruption to college plans military families say they’ve experienced since the budget was passed, while also moving the program closer to its original purpose of helping families impacted by war instead of being a more open-ended benefit.

At the committee meeting, Lucas faulted the governor as she explained the decision to not take up her own bill. On Monday, Youngkin’s office had said the governor would not act on a skill game bill until the General Assembly had fully repealed the VMSDEP changes.

“Yesterday the governor seemed to indicate that he wouldn’t sign a skill game bill until after the VMSDEP changes are repealed,” Lucas said. “I’m not going to pit constituents against each other. We care about all of you. We need solutions on both issues. And we’ll have to continue working in both.”

Lucas announced that she was creating a legislative work group to study VMSDEP and directing the Joint Legislative Audit and Review Commission to take a deeper look at data showing how the program is or isn’t working as intended. Youngkin has already convened his own task force to study the program.

Democrats proposed another VMSDEP fix: simply delaying the effective date of the changes until Oct. 1 while the work group conducted its research. That idea went nowhere, Surovell said, because Republicans wouldn’t agree to help Democrats with procedural votes to get it onto the floor Tuesday.

Virginia House and Senate will take up military tuition benefit on different days

When questioned by reporters as she left the Capitol, Lucas didn’t give a clear answer on what she would do if the House sends the Senate a VMSDEP bill like the one she blocked Tuesday.

“I’ll make up my mind then,” she said.

In floor speeches, several Republicans senators blasted the process as fundamentally undemocratic, suggesting Lucas’s rule over her committee shouldn’t outweigh the majority opinion of the 40-person Senate.

The bill to fully repeal the VMSDEP changes, said Sen. Glen Sturtevant, R-Chesterfield, has “majority support in the Senate.”

“And yet despite these folks getting up early today and driving here, they didn’t get to have that bill heard,” he said.

Republicans could have attempted to bring the full repeal bill to the floor over Lucas’s objections, a little-used parliamentary move that effectively lets the full body override the wishes of a committee chair. Sen. Bryce Reeves, R-Spotsylvania, said the GOP chose not to use that “nuclear option” out of deference to Senate tradition. But he took exception to Lucas’ decision not to docket the repeal bill he co-sponsored and said he’s unsure what might happen when the House sends over its version.

“I’m not confident of anything right now to be honest with you,” Reeves said. “Other than we wasted a bunch of taxpayers’ money coming down here with our thumbs up our butt getting nothing done.”

Sen. Mamie Locke, D-Hampton, accused Republicans of politicizing the issue and taking a “my way or the highway” approach to the conversation.

“It has become more of a political discussion than a policy discussion,” Locke said.

Surovell told reporters the criticism of how Lucas is wielding her power is overstated, because committee chairs frequently have to decide to docket some bills and not others in the compressed time frame of a special session.

“I don’t know why it should be any different now that there’s a Black woman chairing the committee,” he said.

Friends of VMSDEP, the main advocacy group opposing the recent eligibility changes, blasted Lucas for her actions Tuesday. In a statement, the group said Lucas and other skill game supporters had “hijacked” the day to “try to unleash an unprecedented expansion of gambling across the commonwealth” instead of addressing the needs of veterans.

Advocates for legalizing skill games were also left wondering what the Senate’s decisions Tuesday meant. In a statement, the pro-skill game Virginia Merchants and Amusements Coalition said it hopes lawmakers “will come together on a resolution when they reconvene.”

by Graham Moomaw, Virginia Mercury

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

Researchers found that some complex toll roads in Northern Virginia are “less understandable” for people who drive high occupancy vehicles and that inconsistent toll signage in Virginia may also cause driver confusion. The findings come after a months-long study into easing vehicle traffic congestion, specifically on popular Interstates 81 and 95, and possible ways to stop rising toll costs.

Cost concerns

According to the Joint Legislative Audit and Review Commission, which conducts analysis and provides oversight of state agencies on behalf of the General Assembly, 7% of EZ-Pass users from Northern Virginia surveyed said they don’t use the toll routes because of their design and layout.

However, 72% of respondents said they refrained due to costs ranging from $2 to more than $20, depending on the travel length and congestion.

“72% of the people polled said the high cost of the tolls was preventing them from using the toll lanes, and to us, this confirms a major flaw in the private toll lane concept,” said Stewart Schwartz, executive director of the Coalition for Smarter Growth, which advocates for walking, cycling and using public transportation as sustainable, equitable alternatives to driving.

On June 5, researchers presented their results to state lawmakers. The findings also included a review of the state’s public-private transportation partnerships, which are agreements between the state and private entities to develop and operate toll roads.

NoVa tolls and highway congestion

According to the report, five toll operators manage over 100 miles of road in Northern Virginia alone.

Sen. Jeremy McPike, D-Prince William, whose district encompasses toll lanes, said on June 5 that the state’s review of contracts with toll operators is key to addressing the costs for drivers. Researchers said the contracts allow operators to determine access and are rated based on several factors including a vehicle’s weight, type and number of axles.

McPike hopes the Department of Transportation will focus on standardizing the contract provisions with toll operators to ensure they’re applied “fairly and equitably across all around the system.”

Research staff also found that some drivers had trouble navigating express lanes because of the “complex nature of facilities and tolling,” such as limited entry and exit ramps and dynamic toll pricing, which can vary based on the traffic conditions to maintain a free-flowing level.

Just 44% of drivers in Northern Virginia understood the requirements to use high occupancy vehicle or HOV lanes, the report revealed.

Researchers said most Northern Virginia drivers correctly identified the toll price when shown a static image of a toll sign, compared to others who were less likely to understand toll price when shown a video approaching a toll sign.

Researchers recommended that the Virginia Department of Transportation require toll operators to use signage consistent with existing signage, especially for state roads.

According to researchers from the Joint Legislative Review and Audit Commission, inconsistent signage about access and rates may create further confusion for larger vehicle drivers. (Courtesy of JLARC)

While researchers found some benefits to the toll operator partnerships, they also found contractual restrictions complicate attempts to alleviate congestion around Northern Virginia’s Occoquan, one of the most congested traffic areas in the Commonwealth.

Adding more lanes on I-95 may not be a cost-effective long-term solution to congestion, according to VDOT, which researchers cited in their report.

McPike said there are other plans to help address congestion in the region, such as expanding rail services, “but the long-lasting growth projections still have failing infrastructure that needs to be addressed by Virginia. It’s gotta start soon, or else we’re going to continue to be decades behind.”

Researchers said a 2012 toll operator contract requires the state to pay penalties if a project in the region diverts traffic away from I-95 and the express lanes, decreasing revenue.

According to the contract, Virginia would be required to pay the toll operator if it adds general lanes on I-95, on the Occoquan Bridge on Route 1 or if it expands Route 1 from Lorton Road in Fairfax County to Garrisonville Road in Stafford.

What the study said about I-81

State officials have considered using a public-private partnership toll system to improve the 325-mile Interstate 81, which runs north to south through the western part of the commonwealth. However, researchers told lawmakers the concept would not be suitable given the “substantial” state contribution required. The measure would have cost up to $13 billion for a car-only tolled lane.

I-81 does not have enough congestion to warrant creating a toll system on the corridor, researchers said, despite its daily use by freight truck drivers and other travelers who use it to connect to dozens of communities, colleges, and businesses. The area’s traveling terrain and the trucks make delays less predictable compared to other interstates in Virginia, and they are likely due to random incidents.

Kim Sandum, an Alliance for the Shenandoah Valley coordinator and transportation lead, said she hoped researchers would have focused more on addressing the safety issues instead of congestion on I-81.

In December 2018, the Commonwealth Transportation Board adopted findings from an I-81 Corridor Improvement Plan, which she said focused on addressing the corridor’s safety issues, which stem from its constrained configuration, and lack of capacity and reliable detour routes.

“That whole process had to do with fixing the safety issues so that you wouldn’t have the six-mile traffic back up when a truck crashes,” Sandum said. “Secondarily [it] addressed congestion, but the focus of the fixes was safety,”

She added “congestion isn’t the issue on 81 like it is on 95. Safety is the issue on 81 that leads to congestion when an incident happens.”

Virginia is expediting plans to widen I-81 in the Salem area. Last month, lawmakers agreed on a budget that appropriates $70 million in fiscal year 2025 for the project and up to $175 million from year-end revenue surpluses for the next three fiscal years.

The commonwealth is also expected to receive $42 million from the federal government for I-81 corridor improvements, but additional funding would be needed to complete them. Staff said increasing the regional fuel tax by one cent per gallon is the most feasible path to raising the money, with a potential annual revenue of $10 million.

Other funding options could include adding a regional surcharge to the state’s highway use fee or considering a user fee and other taxes for electric and fuel-efficient vehicles, including heavy EV vehicles.

by Nathaniel Cline, Virginia Mercury

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

In a significant development, Attorney General Jason Miyares has announced a $1.3 million settlement with Pro-Football LLC, the current owner of the Washington Commanders, to address the team’s failure to return ticket deposits to season ticket holders. This settlement comes after a detailed investigation on April 25, 2022, uncovering that the Commanders had unlawfully retained security deposits from their fans.

Over $600,000 in security deposits have been returned to approximately 475 season ticket holders, thanks to the Attorney General’s efforts. In addition, the team has agreed to pay $700,000 in penalties and costs to resolve the investigation.

“I am pleased that we were able to reach a fair and reasonable agreement with the Washington Commanders that requires restitution of unlawfully retained security deposits to consumers,” said Attorney General Miyares. “Our investigation found that the Commanders’ prior ownership unlawfully retained security deposits for years after they should have been returned to consumers. I thank the team’s current ownership for cooperating with this investigation and working to rectify the consumer harm we identified.”

The investigation revealed that since at least 1997, the Washington Commanders had entered long-term contracts with season ticket holders, which required some to pay refundable security deposits. However, despite contractual obligations to return these deposits within thirty days of the contract’s expiration, the team unlawfully retained significant sums, often imposing additional conditions on consumers seeking refunds.

In a further revelation, it was found that in 2014, the team had sent approximately 650 form letters to former season ticket holders with unrefunded security deposits on file, claiming it would remit unclaimed funds to state unclaimed property offices. Despite this commitment, no such remittance occurred until at least 2023.

The settlement outlines several measures to protect consumers:

• Compliance with the Virginia Consumer Protection Act to ensure future protections in consumer transactions.
• Efforts to refund all remaining security deposits on dormant accounts to consumers or remit them to state unclaimed property departments per state law.
• For all security deposits presently on file related to active accounts, the Commanders agree to refund these deposits within thirty days of contract expiration and to send yearly reminders to consumers about their existing security deposits.
• Payment of $600,000 in civil penalties to the Commonwealth.
• Reimbursement of $100,000 to the Virginia Office of the Attorney General for investigation costs.

As an assurance of voluntary compliance, the Loudoun County Circuit Court has filed the settlement for approval. This agreement marks a significant step towards ensuring that the rights and funds of consumers are protected, setting a precedent for similar cases in the future.

This year, the Virginia Department of Transportation (VDOT) will introduce 135 new acres of pollinator habitats as part of its ongoing initiative to safeguard ecosystems that support vital pollinators like bees, birds, butterflies, bats, beetles, and flies.

Since its inception in 2014, VDOT’s Pollinator Habitat Program has been developing areas of native plants along state roads and properties to provide crucial habitats for threatened and declining pollinator species. The program began with four plots in Northern Virginia and has grown significantly.

Five-Year Milestone for Monarch Butterfly Conservation

This year also marks five years since VDOT joined the Monarch Butterfly Candidate Conservation Agreement with Assurances. This is a voluntary agreement among energy and transportation partners and the University of Illinois-Chicago, aiming to support the monarch butterfly. Initially, VDOT aimed to create pollinator habitats on approximately 3,100 acres of roadside. Five years later, they have far exceeded this goal, establishing around 8,000 acres of pollinator-friendly habitats. VDOT monitors these areas each spring to track the presence of milkweed and nectar-producing flowers, which are essential for the butterflies’ survival.

“Supporting pollinator conservation is a win-win for VDOT because the agency can save money and improve efficiencies, and pollinators gain thousands of acres of habitat,” said Chris Swanson, director of VDOT’s Environmental Division. “We value being good stewards of the environment, which is why, throughout the Commonwealth, we’re working to provide safe habitats for pollinators to ensure a healthy and sustainable future.”

New Pollinator Habitats Across Virginia

This year, VDOT plans to add 107 acres of pollinator habitats in Hampton Roads, 22 acres in the Greater Richmond region, and about six acres in Southern Virginia. Last year, VDOT successfully planted 82 new acres across the state.

Pollinator corridors are crucial in helping VDOT deliver a safe and efficient transportation system. Roadside vegetation helps reduce erosion and stormwater runoff and provides sediment control. By planting more flowers and vegetation, VDOT beautifies the roadsides and reduces maintenance costs by minimizing the frequency of mowing. Additionally, these vegetated areas are more resistant to invasive plants, reducing herbicide need.

Recognizing Virginia Pollinator Week

Governor Glenn Youngkin has declared June 17-23 as Virginia Pollinator Week to highlight pollinators’ vital role in the state’s environment and agricultural economy. This week is an opportunity to raise awareness about the importance of protecting these essential creatures.

Funding Through Special License Plates

VDOT has partnered with the Department of Motor Vehicles to support the Pollinator Habitat Program by offering Wildflower and Protect Pollinators license plates. Proceeds from these plates help fund the creation and maintenance of pollinator habitats.

Looking Ahead

VDOT’s commitment to creating and maintaining pollinator habitats demonstrates the agency’s dedication to environmental stewardship and sustainability. By expanding these habitats, VDOT contributes to a healthier ecosystem and ensures a bright future for pollinators and the environment.

In Virginia’s congressional primaries Tuesday, Republicans will be picking a nominee to run against U.S. Sen. Tim Kaine, while Democrats will be picking would-be successors for two Northern Virginia congresswomen who aren’t running for reelection.

Recent polls have pointed to a close presidential race in Virginia between President Joe Biden and former President Donald Trump. Those early polls indicate there could be several hard-fought congressional contests further down the ballot, particularly in three suburban districts — the 2nd, the 7th and the 10th — that Democrats and Republicans battled over in 2022.

This week’s primaries will set the table for those races and settle a hard-right grudge match between warring MAGA factions in central Virginia’s Republican-leaning 5th District.

Here’s what to watch on primary night:

A referendum on Rep. Bob Good

Incumbent Rep. Bob Good, R-Va., is facing primary challenger Sen. John McGuire, R-Goochland, in a contest that’s been attracting national attention. In a safe Republican district, the winner of this week’s GOP primary will be a strong favorite to win the seat in the fall.

Good is a two-term congressman first elected in 2020. He spent nearly 20 years working in finance before becoming an associate director in Liberty University’s athletics department. He also served as a member of Campbell County’s board of supervisors and led efforts to declare it a “Second Amendment Sanctuary” in 2019.

McGuire, who declared his candidacy against Good days after being elected to the state senate, has previously run for the 7th Congressional District and spent three terms in Virginia’s House of Delegates. He’s a former Navy SEAL and owns a physical training business. 

Both men have traveled around the 5th district — which sprawls from Albemarle County westward towards Richmond and down to Danville near the North Carolina border — connecting with voters. Sometimes they’ve been flanked by high-profile Republicans in the national spotlight.

Georgia congresswoman Marjorie Taylor Greene joined McGuire at a few events in the district and posted videos of her support for him on social media. Former President Donald Trump has also endorsed McGuire.

Meanwhile, Steve Bannon, Trump’s former chief strategist, headlined an event for Good recently. Texas congressman Chip Roy and Florida congressman Matt Gaetz have also joined Good on the campaign trail.

While each candidate shares similar stances on several conservative Republican issues, it’s Trump’s backing that is a litmus test in the race.

Though Good has been a longtime cheerleader of the once-and-possibly-future president, his brief endorsement of Florida Gov. Ron DeSantis last summer before he dropped out of the race has haunted him.

Trump’s campaign has since endorsed McGuire and sent a cease and desist letter to Good’s campaign for signs that include Trump’s name that imply an endorsement he doesn’t have.

McGuire, meanwhile, attended January’s Iowa caucuses to support Trump — and missed some presentations and votes during this year’s General Assembly session to do so.

While Good and his allies assert McGuire doesn’t have what it takes to serve on the House Freedom Caucus — Congress’ most conservative group that Good chairs — McGuire and his allies call Good a “liar” who is a “Republican In Name Only.”

A scramble to replace two departing Northern Virginia congresswomen

After being diagnosed with a severe and incurable brain disorder, incumbent U.S. Rep Jennifer Wexton announced she wouldn’t run again for the 10th District seat she first won in 2018.

With her eyes on Virginia’s 2025 race for governor, U.S. Rep. Abigail Spanberger also isn’t running for another term in the neighboring 7th District.

That left two competitive Northern Virginia districts without incumbents and set off a surge of candidates hoping to succeed Wexton and Spanberger.

In the 10th District — based mostly in Loudoun, Prince William and Fauquier counties — the biggest names in a field of a dozen Democratic primary contenders are Sen. Suhas Subramanyam, Del. Dan Helmer, Sen. Jennifer Boysko and former House of Delegates Speaker Eileen Filler-Corn.

Wexton, who defeated a well-funded Republican challenger by more than six percentage points in 2022, has endorsed Subramanyam for the seat.

Also in the Democratic mix are Del. David Reid, Del. Michelle Maldonado and former Virginia Secretary of Education Atif Qarni, who served under former Gov. Ralph Northam.

The winner of the 10th District Democratic primary will face whomever emerges victorious from a four-person Republican primary happening Tuesday.

The GOP field in the 10th includes attorney and technology executive Mike Clancy, Marine Corps veteran and former Youngkin administration official Aliscia Andrews, retired military officer Alex Isaac and defense contractor Manga Anantatmula.

In the 7th District, seven Democrats and six Republicans are competing for the chance to replace Spanberger, who’s currently the only candidate from either party actively running a 2025 gubernatorial campaign.

The top Republican contenders in the 7th are Derrick Anderson, a former Green Beret turned lawyer who worked in the Office of National Drug Control Policy during the Trump administration, and Cameron Hamilton, a former Navy SEAL who more recently worked at the U.S. Department of Homeland Security. Despite their remarkably similar profiles, Anderson and Hamilton have traded blows over who gives the GOP the best chance to flip a seat that’s winnable for the party under the right conditions.

Democrats in the district are facing a choice between experience in state and local politics and national star power.

Eugene Vindman — a career military officer who rose to fame during the Trump era when he and his twin brother, Alex Vindman, raised alarms about a phone call Trump made to Ukrainian officials — has raised more than $5 million to run in the district as a Democrat. His fundraising has dwarfed the other six Democratic candidates he’s competing against, many of whom have longer backgrounds in Virginia politics.

Competing against Vindman are Dels. Elizabeth Guzman and Briana Sewell, as well as Prince William county supervisors Margaret Angela Franklin and Andrea Bailey.

The 7th District, based largely in Prince William, Spotsylvania and Stafford counties, covers a big enough swath of rural central Virginia that it’s seen as more competitive for the GOP than the 10th. In 2022, Spanberger defeated Prince William supervisor Yesli Vega by 4.6 percentage points.

GOP picks a statewide challenger for Kaine

Kaine has a long history in electoral politics, serving in local, state and federal office before being tapped as Hillary Clinton’s vice presidential running mate in 2016. Facing challengers is nothing new for Kaine, but running for office is new to some of his five would-be challengers competing in the Republican U.S. Senate primary.

While they overlap on various policy stances, it’s the resume and personal flair of the GOP candidates that make each stand out for different reasons.

After challenging Wexton in 2022 and coming up short, Navy veteran Hung Cao appears to be a top contender in the GOP’s crowded U.S. Senate primary after winning Trump’s endorsement. Cao’s political action committee, Unleash America, has come under scrutiny for not supporting other Republican candidates as he’d initially announced the PAC was created to do.

Former Florida Gov. Ron DeSantis staffer Scott Parkinson also has a fundraising background as a senior official at the Club For Growth political action committee. Additionally, he’s worked for various representatives on Capitol Hill.

Lawyer and Navy veteran Chuck Smith has mounted unsuccessful campaigns to include Virginia Beach city council and a run for attorney general. He also spent time as the local chair of Virginia Beach’s Republican Party chapter.

Lawyer Jonathan Emord represented Alex Jones when the conspiratorial radio host was ordered to stop selling products that claimed to cure COVID-19. Previously, he worked for the Federal Communications Commission during President Ronald Reagan’s term.

Eddie Garcia touts his background as the “son of a ranch hand” in Texas who went on to serve in the Army for over 20 years and be a congressional liaison for the Army.

The candidates share a desire to “retire” Kaine from office and overlap on many policy stances — such as being fiscally conservative and supporting tighter security at the U.S – Mexico border. They dislike abortion and some refer to themselves as “pro-life,” but several have said they won’t implement a national ban on the procedure.

The Cook Political Report ranks Kaine’s senate seat as a “Solid D” — meaning he would likely be able to fend off whoever emerges from the primary when they face him in November. But given the polls showing a close presidential race in Virginia, a stronger showing of Trump voters in November could translate to higher support for whomever Republicans pick to run against Kaine.

Democratic leaders look to lock in pick against Kiggans

As she prepares to defend the Hampton Roads-based 2nd District for the first time, Rep. Jen Kiggans, R-Virginia Beach, is considered a top target for Democrats who want to flip back a seat they lost in 2022.

The Democratic Congressional Campaign Committee is backing Missy Cotter Smasal, a Navy veteran who now serves as the executive director of a veteran-focused nonprofit. The DCCC named  Smasal to its “Red to Blue” program, which focuses resources on districts where Democrats have the greatest chance to knock off a Republican incumbent.

Smasal is facing competition in a Democratic primary from Jake Denton, an attorney who focuses on civil rights and constitutional law.

Denton trails in fundraising, and  Smasal has notched big endorsements from U.S. House Democratic Leader Hakeem Jeffries, all six of Virginia’s Democratic representatives in the U.S. House and former Govs. Ralph Northam and Terry McAuliffe.

Kiggans, a former state senator and Navy veteran herself, defeated former congresswoman Elaine Luria two years ago by 3.4 percentage points. The district has alternated between Democratic and Republican representatives over the years.

A Democratic primary with a Unite the Right angle

In the 1st District, two Democrats competing in a primary have been sparring over the violent Unite the Right rally that took place in Charlottesville during the summer of 2017.

Attorney Leslie Mehta — seen as the frontrunner to win the Democratic nomination against GOP Rep. Rob Wittman — worked for the American Civil Liberties Union of Virginia when the organization lent legal representation to Unite the Right organizers as they battled Charlottesville officials over the terms of a rally permit.

A federal judge sided with the ACLU, ruling that the city didn’t have a legal basis to move the rally to a more distant location and allowed the rally to proceed in a park in the heart of the city.

Mehta, endorsed in the primary by Spanberger and other prominent elected Democrats, says she and the ACLU stood up for the principle that people should be free to peacefully express unpopular political beliefs without government interference.

Her primary opponent, former New Kent County treasurer Herb Jones, has argued she and the ACLU should have been more clear-eyed about threats of violence that day and has warned Democrats against nominating someone with a connection to the infamous event.

The district represented by Wittman leans Republican and runs from the Richmond suburbs to the Northern Neck, Middle Peninsula and outskirts of Hampton Roads.

by Graham Moomaw, Virginia Mercury

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

A handful of Virginia school boards are exiting the Virginia School Board Association, the longest-running organization dedicated to supporting school boards in the commonwealth, over claims that it has failed to meet their needs and doesn’t align with their conservative values.

Gina Patterson, executive director of VSBA, established in 1906, said she would not comment on the claims made by the few boards but instead responded that the association’s decisions are based on the school boards’ priorities, not staff’s.

“What we do is based on the decisions of the majority of our members, based on legislative positions and how they want us to lobby for or against something at the General Assembly,” Patterson told the Mercury.

VSBA offers school boards networking opportunities, professional development sessions, optional add-on policy and legal services, governance training, and can assist with superintendent searches.

Conservative and some newly elected board members, including those from Warren and Orange counties, said the organization wasn’t incorporating their legislative priorities and providing training that mirrors their principles.

Before they were elected, some of those school boards’ members campaigned on certain parents’ frustration with how school boards operated by allowing “divisive concepts” in schools, endangering students, adopting controversial policies around transgender students and books, and renaming schools and mascots connected to the racist ideals of the Confederacy. Gov. Glenn Youngkin focused his campaign on many of the same issues.

Tiffany Van Der Hyde, executive director of We The People, a 501(c)(4) nonprofit organization tracking shifts in school board memberships, said Gov. Youngkin rallying with parents over education issues in 2021 contributed to some Virginia school boards’ political polarization and the exodus of many of their members.

Youngkin’s election “empowered a lot of far-right candidates to seek office in this space, and we saw a lot of really great conservative, local school board members across the state decide not to run again,” Hyde said.“ They just didn’t want to be a part of it and when they left, the more extreme candidates filled those gaps.”

Boards exit from VSBA

Some school board members claimed that VSBA, which the boards pay through agreements, has failed to prove its value to their communities.

Warren County Board Member Ralph Rinaldi said during a Sept. 6 vote to leave the VSBA that he believed the school staff and board could govern themselves and implement policies relating to issues like school discipline without the association.

“They do provide some services that are worthwhile, but I look at the return for what we’re putting in and what we’re getting, then I look at our geographic location, and there are other counties here in the [Shenandoah Valley] that sort of get snubbed by them,” McFadden said.

The Warren County School Board became one of the earliest to decline to renew its membership with VSBA, followed most recently by boards in Orange County and Rockingham County. Rockingham voted to begin its membership with the alternative School Board Member Alliance, but keep VSBA’s policy services.

On May 20, board members in Orange County voted not to renew their agreements with VSBA, citing thousands of dollars in costs and saying they could find resources elsewhere. Members are also only attending some training sessions, which carry additional fees.

Orange County board member Darlene Dawson claimed that the VSBA has been a “monopoly” for a long time.

“They self-identify as a lobbying organization, and they lobby for many things that I, on principle, stand against, and I’m not interested in supporting them,” Dawson said in May. “I prefer to take my training from someone who supports my values.”

A controversial alternative

The School Board Member Alliance of Virginia, a conservative-leaning group and nonprofit organization, has emerged as a popular alternative for some of VSBA’s former school board members in the past year.

As of June 12, the association represents five percent of Virginia’s school boards members and supports parental rights, educational freedom for families and traditional academics. Unlike the VSBA, the Alliance offers individual memberships.

“Our professional development is based on the powers and duties afforded to school board members under Virginia law,” said Shelly Norden, spokesperson for SBMA. “We believe every child deserves a quality education in a safe and disruption-free environment. School boards have the legal authority to ensure this is happening.”

Alliance members and leaders have reportedly threatened a board member in York County (which the SBMA refutes) and rebranded two schools with Confederate names in Shenandoah County.

Norden said the alliance’s members were elected to local school boards to serve their constituents.

“SBMA launched to give school board members a choice when it comes to professional development,” Norden said in an email to the Mercury. “Our goal is to continue adding professional development opportunities and services that will enable our members to serve their communities effectively.”

Keeping the agreement

Some board members have been unsuccessful in swaying their colleagues to retain their membership with VSBA, despite the organization’s long history and track record of advocacy. Others remain optimistic.

“I think you get out of these organizations, what you put into them, and if you choose to attend the professional development conferences and sessions that each organization offers, I think you will get more out of it than you think,” said Robert Hundley Jr., a Hanover County school board member and former VSBA board president, at a June 11 Hanover County School Board meeting.

Other members across the commonwealth expressed concern that leaving VSBA could impact whether their school’s policies and procedures would be updated to ensure the division’s compliance with state laws.

“That’s what it does,” said Orange County Board Member Jack Rickett, who voted against leading VSBA. “Can other people do that? Yes, they can … Lawyers are going to cost money, and we will have extensive legal fees when we remove ourselves from the VSBA.”

In Rockingham County, board member Jackie Lohr pointed out that VSBA’s position as a lobbyist for school boards gives members a way to influence policymakers that they wouldn’t otherwise have.

“When we’re no longer members, we no longer have a voice, we no longer have a vote,” Lohr said at the June 10 Rockingham school board meeting. “They are a big, big machine and they will continue to lobby, and they have the ears of a lot of politicians and if we’re not there to provide the conservative voice, no one else will be.”

by Nathaniel Cline, Virginia Mercury

Correction: This story inadvertently published that Warren County Board Member Tom McFadden Jr. voted against renewing the membership instead of Ralph Rinaldi. 

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