Virginia Politics On Demand - January 2011

Volume 2, Number 1. January, 2011

Virginia Showsthe NationHow toCreate JobsGuest Column byLt. Governor Bill Bolling

Bearing Drift’sLegislativeAgenda

Meet the NewMajority Leader

Our First Print Issue!

Ward’s 2010Year in Review

Health CareCheckup

TheIns and Outs

of Redistricting

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In this IssueBearing DriftVirginia Politics on Demand

J.R. Hoeft, [email protected]

Michael Fletcher, [email protected]

Contributors this issue:

Wade BrumettEve Marie Barner GleasonBrian W. SchoenemanWard SmytheJosh St. LouisKrystle D. Weeks

Guest Contributor

Lt. Governor Bill Bolling

© Copyright 2011

4 From the Publisher’s Desk

5 Bearing Drift's Legislative Agenda

6 Virginia Shows the Nation How to Create JobsGuest Column by Lt. Governor Bill Bolling

12 Meet the New Majority LeaderJ.R. Hoeft interviews Delegate Kirk Cox

16 A Glance at the Governor's Budget ProposalsKrystle D. Weeks

17 Can Northern Virginia Jeopardize GOP Control of the State Senate?

Josh St. Louis

18 Checkup on Health CareEve Marie Barner Gleason

22 Redistricting in Virginia - The Ins and OutsBrian W. Schoeneman

27 The Final Ward: 2010 in ReviewWard Smythe

Cover Photo: Jane Dudley

Volume 2, Number 1 / January 2011

From the Publisher’s DeskVirginia’s legislature is unique.

Virginia’s General Assembly, born fromthe House of Burgesses, is the "oldestcontinuous law-making body in theNew World." It is scheduled to meetonly once a year, or, under specialcircumstances, when the governorreconvenes them for a specificpurpose. In 2011, legislators will havejust 45 days to determine howgovernment is funded and its corecommitments are addressed.

That’s not a lot of time, but it’s enoughto do both good and ill.

Therefore, in this issue, we look atsome of the items they will beconsidering, such as job creation andhealthcare. We also make somerecommendations of our own.

Our feature story is written byLieutenant Governor Bill Bolling. TheLieutenant Governor is certainlyredefining his job description withinthe administration as an activemember of Governor Bob McDonnell’scabinet. The LG is responsible forcreating jobs and improving thevibrancy of the Virginia economy. Noeasy task.

Also in this issue we profile the newmajority leader in the House ofDelegates, Del. Kirk Cox, to find outwhat, in his view, are the corepriorities of government and get aglimpse as to what might be theRepublican playbook for this GeneralAssembly session.

We also provide a primer onredistricting and preview some of thechanges being considered forhealthcare, from a Virginia perspective.

This is also our first print issue.

Why print?

First, and perhaps most importantly,there’s a void in Virginia for a politicalpublication that’s smart, savvy, andinformative. We hope that we can fitthe bill, and provide you the bestconservative commentary andinformation in the Commonwealth.

Second, a print article is different froman online post. Not only can a readerphysically put the magazine down, butcan pick right up where they left offwithout repowering, logging in again,searching for the website, etc. All youneed to do is grab the magazine sittingon your table, which is already open tothe article being read. Just as you left it.

Third, imagery matters. In magazineformat, we can get more creative withimagery, graphics, fonts, colors, etc. –all for effect to help tell the story –much more so than online.

I could go on, but I think you get thepoint. Print has some real advantagesover online.

If advertisers and sponsors also see theadvantage to print, then we will beable to continue. We certainly hopethat is the case because we’re excitedto be bringing you “Virginia Politics OnDemand” right to your doorstep!

J.R. HoeftPublisher

In 2011, legislators will havejust 45 days to determine

how government is fundedand its core commitments

are addressed.

That’s not a lot of time,but it’s enough to do

both good and ill.

Bearing DriftLegislative AgendaWe support:

The State Police entering into an agreement withImmigration and Customs Enforcement (HB 1420 – Albo)

Requiring abortion clinics to be licensed by the Board ofHealth (HB 1428 – Bell)

Capping the interest rate on payday lending to 36%(HB 1441 – Oder)

Requiring all firms doing contract work with theCommonwealth to vet employee citizenship status throughE-Verify (Anderson*)

Changing the burden of proof fromthe taxpayer to the assessor when a taxpayer appeals theassessment of real property to a board of equalization orto a circuit court (Iaquinto*)

Approving most of the Governor’s amendments to thebudget (HB 1500 – Putney; SB 800 - Colgan)

Specifically:

� $54 million for Job Creation and Economic Development� $150 million for the Virginia Transportation

Infrastructure Bank.� $50 Million for Higher Education·� $191 million in Cuts, Savings and Reappropriations·� Reforming Virginia’s Retirement System (VRS)

(not necessarily as proposed by the governor)

Making application to the Congress of the United States tocall an amendment convention pursuant to Article V of theUnited States Constitution for the purpose of proposing aconstitutional amendment that permits the repeal of anyfederal law or regulation by vote of two-thirds of thestate legislatures (HJ 542 – LeMunyon; SJ 280 – McDougle)

We absolutely oppose:

Setting the gas tax as a percentage of the price per gallonvice flat rate (HB 1413 - Scott)

* - Number not yet assigned


Virginia Shows The NationHow To Create Jobs

Special GuestColumn

byLieutenantGovernorBill Bolling

Photo credit: Jane Dudley

During the 2009 statewide campaigns, GovernorMcDonnell and I made clear that our top priority wasgetting Virginia’s economy growing again and creating jobs.“Bobs For Jobs” was more than a campaign slogan - wemeant it, and since taking office we have worked hard tokeep that promise.

Shortly after taking the oath of office on January 16th,Governor McDonnell signed Executive Order #1, whichdesignated the Lieutenant Governor as Virginia’s Chief JobsCreation Officer. In this role, I am responsible foroverseeing our state’s economic development efforts andcoordinating those efforts across numerous state agencies.

During the past year, I have worked closely with theGovernor and our economic development team toshepherd our Jobs and Opportunity Agenda through theGeneral Assembly, met with dozens of CEOs to talk aboutwhat we can do to help their businesses grow and expand,helped negotiate economic development deals to bringnew business and industry to our state, and visited withcountless business groups to talk about our economicevelopment efforts.

Serving as Virginia’s Chief Jobs Creation Officer has beenone of the most rewarding experiences of my political orprofessional career. Given the impact that the recessionhas had on families and businesses, nothing could be morerewarding than helping create jobs, and we have made agreat deal of progress over the past year.

Our job creation efforts are based on a clear understandingthat it is the private sector that creates jobs, not thegovernment. It is the role of government to pursuepolicies that help the private sector create jobs.

First and foremost, we have worked to make certain thatVirginia remains a great place to do business. By keepingtaxes low, eliminating overly burdensome regulations,maintaining a favorable litigation environment andprotecting our right to work law, we can position Virginiato take full advantage of the future economic recovery.

Earlier this year we asked the General Assembly to join usin promoting economic development by passing our Jobsand Opportunity Agenda, which was designed to give usmore tools to recruit new business and industry to ourstate and help existing businesses grow and expand; andmore resources to help us tell the Virginia storydomestically and internationally.

The General Assembly accepted our challenge, approving36 of our 39 legislative initiatives. As a result, we now have

Our job creation efforts are basedon a clear understanding that it is

the private sector that creates jobs,not the government.

more tax credits for businesses creating jobs in Virginia,more flexibility in administering important programs likethe Governor’s Opportunity Fund and a more competitiveworkforce training program.

In addition, the General Assembly invested $57M in newfunding for proven economic development and jobcreation programs. With this new funding, we havesignificantly expanded our domestic and internationalmarketing programs, and we will be opening neweconomic development and trade offices in China, Indiaand the United Kingdom.

Armed with these new tools and resources, we have beenvery aggressive with our business recruitment and businessdevelopment efforts. It is safe to say that we are doingeverything we can to send the message far and wide thatVirginia is open for business!

I’m pleased to report that our efforts to date have beenvery successful. Here are a few of the accomplishments wehave achieved during our first year in office:

� Since January 16, 2010 Virginia has closed 240economic development deals, which will result in15,886 new jobs and over $2.4B in capital investment.

� Since February 1, 2010 Virginia has added 67,900 netnew jobs. This is the 3rd highest number of new jobsin the nation. (Source: Federal Bureau of Labor Statistic)

� By contrast, during the Kaine Administration Virginiaranked 35th nationally in net new jobs created.

� Of Virginia’s 67,900 net new jobs, only 11% (or 7,600)are government positions, 89% of these new jobs havebeen created in the private sector.

� We have seen significant job growth in every region ofour state. In fact, about 33% of the economicdevelopment deals we have closed have been in ruralparts of Virginia.

� We have reduced Virginia’s unemployment rate froma high of 7.6% to 6.8%, the 3rd lowest unemploymentrate east of Mississippi River.

� The number of economic development prospects weare working with has increased by 24% over the pastyear.

� Virginia was ranked as the #1 or #2 state for businessby Forbes.com, CNBC and Pollina Corporate Real Estate.

Continued on Page 8


Lt. Governor BollingGuest ColumnContinued from Page 7

While we are very pleased with the progress we havemade to date, we have a lot of work to do to restoreeconomic opportunity for every Virginian. More than280,000 Virginians are still without a job, and we arecommitted to do everything we can to get these familiesback to work.

On December 17th, Governor McDonnell and I announcedan additional $54M in new investments that will helpadvance our economic development efforts. These newinvestments, which are part of our Opportunity At Workagenda, will build on the successes of last year’s Jobs andOpportunity Agenda. These strategic investments includethe following initiatives.

GROWING VIRGINIA’S INNOVATION ECONOMY

In the 1990s, Virginia distinguished itself as the nation’sleader in attracting technology related businesses. As aresult of a focused effort on technology related economicdevelopment, we became known as the Silicon Dominionand computer chips replaced tobacco as our leading export.

While technology has continued to be an important part ofVirginia’s economy, in recent years many other states havebeen more aggressive than Virginia in implementingeconomic development strategies that are specificallytargeted toward new and emerging technology companies.

As a result, many new businesses in promising fields suchas biotechnology and life sciences, nanotechnology andother new and emerging technologies have migrated toother states. We must reverse this trend and reassertVirginia as a leading location for the innovation businessesof the 21st century.

To accomplish this goal we have propose an investment of$25M to establish the Virginia Research and TechnologyInnovation Program (VRTIP). This program will:

Photo Credit: Jane Dudley

1. Help new and emerging technology companies gainaccess to needed gap funding.

2. Assist established companies with commercializationof promising technology products.

3. Enable Virginia’s research universities to assistbusinesses with technology related research anddevelopment activities.

4. Develop an eminent scholars program to help usattract the best and brightest technology researchersto our universities.

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VRTIP will enable us to effectively compete for establishedtechnology businesses, as well as new and emergingtechnology companies in important fields like informationtechnology, biotechnology and life sciences,nanotechnology, energy, advanced manufacturing andmore.

The message behind this initiative is clear – just likeVirginia emerged as a technology leader in the last decadeof the 20th century, we intend to reassert Virginia as atechnology leader in the second decade of the 21stCentury.

SUPPORTING VIRGINIA’S SMALL BUSINESSES

Small businesses are the backbone of our economy, butthey have been particularly hard hit by the recession overthe past three years. Small business development andexpansion will continue to be at the forefront of ourefforts to grow Virginia’s economy.

Last year we took steps to support small businesses inVirginia by expanding and modernizing our Business OneStop program, streamlining processes and reinvesting inthe Department of Business Assistance, our lead smallbusiness agency. Those steps have had a positive impact,but we can do more to support Virginia’s small businesses.

As I have traveled around our state over the past year andtalked with small business owners, the major challengethey continue to face is an inability to obtain access tocapital to help grow their businesses. New federal bankregulations have made it very difficult for small businessesto obtain loans or credit. This makes it very difficult forthem to grow and, in some cases, even stay in business.

To address this issue, we have proposed a $5M investmentof in the Virginia Small Business Financing Authority(VSFBA). The VSBFA operates a loan guaranty fund and adirect loan program for small businesses in Virginia, butthey have very little money to do their job effectively. Thisinvestment – which will build on similar investments madelast year - will enable VSBFA to expand their programs anddo more to help support the creation and expansion ofsmall businesses.

SUPPORTING VIRGINIA’S TOURISM INDUSTRY

Tourism is big business in Virginia. It is an $18B industrythat employs more than 200,000 people. Last year, wemade significant investments in the Virginia TourismCorporation and the Virginia Film Office which are alreadygenerating positive results.

We also know that there are tremendous tourismopportunities on the horizon, such as the commemorationof the 150th anniversary of the Civil War and Emancipationand the upcoming 200th anniversary of the War of 1812.Now is the time to make further investments in Virginia’stourism industry and we have proposed additionalinvestments in three proven programs:

1. We are proposing $2M in additional funding for theGovernor’s Motion Picture Opportunity Fund. Thisdeal closing fund enables us to support Virginia’s filmindustry by having major motion pictures and otherfilms made in Virginia, such as the recent SonyTelevision production Unanswered Prayers, which wasfilmed in Richmond and Ashland.

2. We are proposing $2M to establish a TourismDevelopment Micro Loan Fund in Virginia. This Fundwill help provide low interest loans to qualified tourismrelated economic development projects throughoutour state.

3. We are proposing $1M to expand the TourismMarketing Partnership Grant Program, which providesstate matching funds to help support local tourisminitiatives. This successful program historicallyleverages 3:1 in private sector matching funding and isa great way to help promote tourism on the local level.

By making these strategic investments, we will makecertain that Virginia remains a great place for people tovisit and vacation.

REVITALIZING OUR COMMUNITIES

We have a number of programs in Virginia that aredesigned to help promote revitalization and redevelopmentof communities and properties in urban centers,abandoned industrial sites or economically distresscommunities. These are great programs which can helpsupport our job creation efforts, but in recent years theseprograms have not had sufficient funding. We haveidentified three such programs that will receive specialattention this year:

Continued on Page 10


Lt. Governor BollingGuest ColumnContinued from Page 9

1. We are proposing $1M in additional funding to helpsupport job creation efforts in those areas of our statethat have received Enterprise Zone designations.Some of these Enterprise Zones are in urban centers,while others are in rural communities. By providingadditional funding to this program we will be betterequipped to fully fund economic development and jobcreation programs in these communities.

2. We are proposing $500,000 in additional funding toVirginia’s Main Street Program, which supports effortsto revitalize downtown areas in small towns all acrossour state. This program requires significant matchingfunds from local governments, private businesses andother organizations. Accordingly, this modestinvestment will generate a much larger financialbenefit to assist with the revitalization of Main Streetcorridors all across Virginia.

3. We are proposing $4M to help support Virginia’sIndustrial Site Revitalization program, which helpsrevitalize abandoned industrial sites and enhance theability of local communities to attract new businessand industry to these sites. We believe that this is ourmost important and effective revitalization andredevelopment program and we want to give it a muchneeded shot in the arm.

TRAINING WORKERS FOR VIRGINIA’S BUSINESSES

There is nothing more important to our economicdevelopment efforts than making certain that we have askilled workforce to meet the needs of Virginia’semployers.

The Governor has recently announced proposals to beginthe process of reinvesting in Virginia colleges anduniversities and increasing the number of Virginia studentsthat receive a four year college degree.

Those investments are important, but we must also makecertain that students are receiving access to training inother important areas and that they have a real chance tofollow other important career pathways.

To further advance our workforce training efforts inother skill based disciplines, we are proposing twoimportant initiatives this year:

1. By federal law, every public school system inVirginia must develop a Career Pathways Programto help promote skill based training by 2012. Weare requesting a modest budget appropriationof $100,000 to help promote the CareerPathways Program in our public school system.

2. Current state law requires the Commonwealthto fund 30% of the cost of non-credit educationat our community colleges. These courses helpexisting and prospective businesses trainworkers with the skills they need to supporttheir businesses. Unfortunately, theCommonwealth is currently only funding 5% ofthese costs and the remainder of these costs arepassed on to employers. To remain competitivein the economic development marketplace,significantly expand workforce trainingopportunities and fulfill our legal obligationsto our community colleges, we have proposedan increase of $3M in state funding fornon-credit education.

PROMOTING REGIONAL ECONOMIC DEVELOPMENTCOOPERATION

Our economic development efforts are more effectivewhen our local partners work together. Many regionscurrently have effective regional economic developmentorganizations, but there is more we can do to assist themin accomplishing their goals. And in some parts of ourstate we need to do more to help promote regionalcooperation.

This year we implemented a very successful regionaleconomic development strategy in Southern Virginia. TheCommonwealth put up $200,000 to encourage six localities– Patrick, Martinsville, Henry, Danville, Pittsylvania andHalifax – to develop a regional economic developmentmarketing strategy. The six localities agreed to match thiscontribution and subsequently formed the SouthernVirginia Regional Economic Development Alliance. We arecurrently asking the Tobacco Commission to provide asimilar match, which will enable us to launch a $600,000marketing program to help promote Southern Virginiaas a great place to do business.


We have proposed $400,000 to expand this model andprovide additional opportunities for regional collaborationto other parts of Virginia. These funds will assist morelocalities with developing a regional economicdevelopment program or enhance the effectiveness ofexisting regional programs or organizations.

The bottom line is simple – when we work together we canget more done and we want to incentivize that kind ofpositive economic development approach in more regionsof Virginia.

JOB CREATING TAX REFORM

Our 2010 Jobs and Opportunity Agenda included a numberof job creating tax reform measures. For example, wedoubled the effective application of our Major BusinessFacilities Tax Credit program and we implemented a newGreen Energy Jobs Tax Credit program. This year, weproposed three additional tax reforms that will helpimprove Virginia’s overall economic competitiveness:

1. Virginia Port Tax Incentive – we have proposed a taxcredit for businesses utilizing the Port of Virginia forimportant import and export activities to enable thePort of Virginia to more effectively compete againstother ports who have already implemented tax creditprograms like this. The Port of Virginia is a majoreconomic driver for the Commonwealth and we mustdo everything we can to support the Port’s continuedgrowth and success. This tax credit will be capped at$5M per year.

2. Virginia Winery and Vineyard Development Tax Credit– Virginia’s wine industry is a rapidly growing sectorof our agribusiness community. In the past year,wine sales in Virginia have increased by 13%. Tosupport this growing industry, we have proposedthe creation of a tax credit to assist with theestablishment and expansion of wineries andvineyards in Virginia. This tax credit will be cappedat $250,000 per year.

3. Refundable Research and Development Tax Credit– To help Virginia’s compete for 21st centurytechnology related businesses, we have proposeda tax credit of 15% of qualified research anddevelopment expenses incurred by advancedtechnology companies in the Commonwealth. Thetax credit would increase to 20% if such researchis conducted in partnership with a public college oruniversity in Virginia. Virginia is one of only twelvestates that do not offer a state R&D tax credit, andif we are going to be competitive with other stateswe must adopt this legislation. This tax creditwill be capped at $5M per year.

These additional investments in proven economicdevelopment and job creation programs are animportant next step in our efforts to get Virginia’seconomy growing again and create jobs. We hopethat they will be well received by the members ofthe General Assembly. We have used the resourcesthey gave us last year wisely and the results speak forthemselves. By making these additional investments,we can build on the progress we have made and helprestore economic prosperity for more of Virginia’sfamilies.


Meet the New Majority LeaderJ.R Hoeft recently sat down with newly electedMajority Leader Kirk Cox.

JH: How did you get involved in politics?

KC: My family got me involved in politics at a young age.Growing up, my mother and father both liked politics, andmy father liked to talk about politics. I had a great-Unclewho was a fascinating man that would to come visit us fortwo weeks at a time. He was a fascinating storyteller andloved to tell us stories about his experiences in politics. Hewould make the point that he voted against PresidentFranklin D. Roosevelt (D-NY) all four times. He lived at onetime in California and his sister lived in Arizona. During thatperiod, they worked for Nixon in 1960, Barry Goldwater in1964, and Governor Reagan. He used to regularly write hiscongressman on a host of issues and just took a realinterest in politics. After listening to those stories, Ibecame fascinated with politics and knew that I wanted tobecome government teacher.

By 1985, I had taught for five years and decided thatteaching is great – I love teaching and still love it to thisday – but I needed to get some practical experience. Iended up being the driver for Wyatt Durrette in 1985 whenhe ran for governor. The driver is the best job you canhave in a campaign because you meet some interestingpeople. I had the opportunity to meet President Reagan,Elizabeth Dole, Don Regan, and various members of theReagan cabinet who helped campaigned for us. Unfortu-nately, we lost badly. It was so bad that we lost all fourcoin flips for the debates. After spending a year-and-a-halfof my life working for him, losing on Election Day was avery frustrating experience.

After that campaign, I decided that I was going to runmyself. When running a campaign, you have the opport-unity to control the literature, the door-to-door, and youreffort. I gave it a shot four years later and ran for theHouse of Delegates. A lot of my students came out to helpme with the campaign, and we ended up barely winning.

JH: What makes you a conservative/Republican?

KC: My parents instilled in me the conservative values thatI still hold dear to this day. My mother was a schoolteacher, and my father had to go to work to support hisfamily after his mother died at 18. We weren’t verywealthy, but they saved a lot and they were generous

people with the church and the community. They believedthat the government should only play a limited role in ourlives and should focus on certain core functions. Theybelieved that your volunteerism, through civic activities andyour church, is really what makes a difference in people’slives. They were both wonderful people who worked hardand did their best to make a difference in their community.

One thing that I try to take to the General Assembly is myphilosophy that the government should only focus on thecore functions of government. When the General Assemblyis in session, everyone seems to have a good idea and has aspending program that they believe should be funded. Ifyou don’t have a philosophy of a limited government thatfocuses on the core functions, then everything soundsgood and you will wind up voting for nearly everything. Ihave stuck to my core philosophy, and I believe that it hasdone me well with respect to the thousands of votes that Ihave taken over the years.

JH: What are the core issues that government should fund?

KC: Education, transportation, and public safety.

Education - While education is a core function of govern-ment there are certain things in education that we are doingnow that have gotten away from the core mission ofeducation. For example, former Governor Kaine’s desire togreatly expand the Virginia Pre-School Initiative. We arenow spending $60 to 70 million on Pre-K education andwould be spending more if it weren’t for Republicans holdingthe line over the last four years on this program. Even witha core issue like K-12, you have to have priorities. While Ithink there should not be Pre-K, there should be a schoolchoice component. I’ve taught in Virginia public schools forover twenty-eight years, but for the life of me, I don’tunderstand why you would want to keep a kid or a parentin a school they don’t want to be in. I just never understoodthat philosophy. School choice would also allow us to savemoney on infrastructure and per pupil costs.

Transportation - Transportation infrastructure is a bigeconomic generator. We often debate whether we shouldspend general fund money on transportation, and I believethat we should because it is a core function of government.

Public Safety – Public Safety is also a key core function ofgovernment. Keeping citizens safe should always be a toppriority of the General Assembly.

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Photo credit: Delegate Kirk Cox

JH: Discuss conservatism in the Republican Party. Is therea tension between fiscal and social conservatism? Do youfind yourself favoring one over the other?

KC: That’s a tough question. I don’t think there’s anyquestion that within the Republican Party you have somewho are more focused on social issues and some who aremore focused on fiscal issues. It is only natural that bothsides are not always going to agree on everything. Insteadof focusing on the divisions, I think it is better to focus onhow we can bring both sides together. Ronald Reagan did agreat job of bringing fiscal conservatives and social con-servatives together. Today, the one issue that social andfiscal conservatives can find common ground on is keepingtaxes low. Socially conservative groups like the FamilyFoundation have broadened their agenda to bring in theissue of taxes, and I applaud them on their efforts to do so.

JH: What is your most significant remembrance since beingelected to the General Assembly?

KC: Right off the bat we had a freshman class that came inwhen the Democrats had a significant majority. We feltthat the Republican leadership had failed to offer anyopposition to the Democrat’s agenda. At the time, we onlyhad four members on the Appropriations Committee, andthey were on there largely because they cooperated withthe Democrats. One of the things we did very early on wasvote against the budget, which was unheard of at the time.The five of us who voted against the budget were calledthe lonesome five. We voted against the budget becausewe felt that the budget had a lot of areas that had notbeen examined, there was a lot of wasteful spending. Thatbudget vote sparked a revolution in Republicans being ableto stand up to Democrats on key policy issues. George

Allen helped lead that early charge – he was one of theearly delegates we turned to – but I was part of this originalcommittee we called the “Calendar Committee” (it was astrategy committee). We put together public hearing ontaxes all across the state. Hundreds of citizens andbusinessmen testified about the myriad of taxes they wereforced to pay and how it was a burden to economic progress.We started to challenge Democrats on the floor of the House,like then Majority Leader Dickie Cranwell. Cranwell was asmart, tough debater and Republicans previously wouldn’tchallenge him. Young Delegates like Bob McDonnell stoodup and started challenging him and Democrats finally knewthere truly was a loyal opposition. There were lots of proudmoments during that time. We decided that philosophy andprinciple were going to mean more than winning or losing anelection. If we didn’t get that certain project that everyoneelse craved so be it. We were going to try to take themajority for the right reasons.

I would think that from a personal standpoint, I have beenmost proud of the fact that we have been able to put to-gether fiscally sound budgets which is in direct contrast toWashington. For example, last year, the House budget whenit went over to the Senate had no fee or tax increases, andfor the first time some true structural changes. I’ll give youone quick example: K-12 education funding. I’m a K-12teacher, but we’ve not scrutinized the 34% of our budgetspent on K-12. A lot of our costs were exponentially grow-ing. One of the great things we did was place a priority ongetting money in the classroom. We found that our supportpersonnel were growing twice as fast as our instructionalpersonnel. To correct this situation, we put in put a ratiocap on support personnel (4:1 instructional personnel tosupport personnel) that saved us millions. People screamedand yelled what terrible consequences would result, but ithas been a very effective budget action.

There a few select programs that state government shouldsupport. One that Republicans have focused on in theHouse are kids and adults who have multiple disabilities:those that might not only have a physical disability likecerebral palsy but have an intellectual disability. Mostof the parents in that situation keep there kids at homeall the way to when they are forty, fifty, sixty years ofage. We hear a lot of talk about family values but thesefamilies truly represent what it means to care for a loveone. We have over 5,000 of these profoundly disabledfolks who are at risk of going into an institution. Theirmother and father are aging out and without some statefinancial support will not be able to keep them at home.In the House, we’ve made this group of citizens one ofour funding priorities.



JH: What is the responsibility of the Majority Leader?

KC: The top responsibility of the majority leader is to takethe philosophy of your caucus (and ours is obviously aconservative philosophy) and translate that philosophy intoa successful legislative strategy. Organizing Floor debate isalso a key responsibility and is crucial when you are tryingto cut popular programs like pre-K or funding for NPR. Youalso have other jobs that are important with regards toparliamentary procedure and House rules.

JH: Why did you select Todd Gilbert as your deputy?

KC: As the Deputy Majority Leader, Todd will play animportant role in articulating the Republican Caucus’positions on the bills before the House of Delegates.Philosophically, Todd is a lock-step conservative and isparticularly knowledgeable on fiscal issues as well ason law and order issues. He has shown as much skillon the floor debating-wise as anyone I’ve seen in thelast four years. Not only does he articulate the con-servative positions well, but he also knows when totalk and when not to talk. Todd has the ability to beinsightful, get to the point, and frankly he knows whennot to talk.

JH: How do you reform education?

KC: One area in which the state government can makemore of a direct impact with meaningful reforms is inhigher education. Currently, I serve as the Vice Chairof the Governor’s Higher Education Reform Commit-tee, and we are looking for innovative ways to improvehigher education in Virginia. We’ve cut higher edu-cation by about 30% over the last four or five years.Unfortunately, our universities have raised tuitioncost, making it harder for middle-income families toput their children through college. Higher educationneeds more consistent funding in the future but evenmore importantly institutions must change the waythey do business. That’s why we’re putting together apackage that incentivizes certain best practices inhigher education to encourage efficiencies at ourcolleges and universities. For example, we have put alot of money into the construction of buildings oncollege campuses, but a lot of these buildings sit

unused during the summer. As Tom Farrell ofDominion Power, who is Chairman of the Commission,has pointed out, there are almost no businesses thatuse their buildings nine months out of the year. Wecannot afford to have these $45 to $50 million dollarbuildings sitting idle for three months. One goal of thecommission is to see those buildings used year round.

Another aim for the commission is to push foropportunities to promote three-year degrees. We alsoneed to get more Virginia students accepted intoVirginia colleges. We have to give more access toVirginia students to get in Virginia institutions than wecurrently have. We need to reward colleges that offermore slots to Virginia students and penalize collegesthat don’t. Many of the jobs in the future are going tobe in the disciplines of science, engineering, math andtechnology. We must start to start encourage collegestudents to pursue those majors.

We must do more in the area of technology andinnovative teaching. For example, every collegeteaches an entry level Economics 101 course. If you’rea big college the professor only lectures and leaves thegrading to a graduate student, it is a less than idealmodel. Why not find the two or three best economicprofessors in the state and allow students at allVirginia schools to choose between them. Instead ofpaying an economic teacher at each university, whynot have a teaching students at multiple universitieswould receive a bonus for teaching more than thestudents at one university. You save a lot of moneyover all because you’re not having all these teachersteaching Economics 101 in a very boring type fashion.There’s actually a consortium idea that actually willcome in and look at your school and show you how toput a certain course online very effectively that givesyou good academic instruction, etc. Now, it’s not foreverybody. Teachers are very important, but we mustuse technology to increase efficiency. We’re noteffectively using our buildings. So if we’re going tofund more to bring down tuition, a lot of that fundinghas got to be for reform.

Meet the New Majority LeaderContinued from Page 13

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JH: Do you see education as a driving force for theeconomy?

KC: No doubt! People with a two or four year degree makea lot more money. And frankly, they generate more taxmoney, but you don’t have as many social problems. Youdon’t have as many kids in jail, etc. So making our collegesmore affordable, with better access, etc. Really changingthe model makes a lot of sense.

JH: What are your thoughts on transportation?

KC: First and foremost, I believe strongly that we canimprove transportation and reduce congestion in theCommonwealth without raising taxes. Instead of raisingtaxes, we can use an array of innovative solutions to meetthe needs of motorists across Virginia. The Governor’saudit of VDOT and the discovery of over one billion dollarsin unspent funds were two steps in the right direction. Iam also supportive of the Governor’s efforts toestablish a transportation infrastructure bank. Finally,we must look to establishing public-private partner-ships on these construction projects to ensure we aregetting the best return on our investment.

JH: Should government be in the business of recruitingbusiness to Virginia?

KC: Yes, I think it’s important for Virginia to be in thebusiness of recruiting business to Virginia and is animportant component in a comprehensive strategy tocreate new jobs. Last year, we gave $50 million in

economic incentives and helped bring 55,000 newjobs to the state. While Virginia probably has had lessincentive to recruit new businesses, we must recognizethat we are competing with other states.

What the governor has consistently told me is that weneed to focus on offering four or five key incentives toeffectively compete with other states. For example, one ofGovernor McDonnell’s budget amendments this year, ifpassed, would establish the Virginia Research andTechnology Innovation Fund. This fund would offertargeted grants to help spur job growth in the sectors ofinformation technology, biotechnology, life sciences,alternative energy, and advanced electronics. I lookforward to supporting incentives like this to continue tohelp create new jobs in Virginia.

One thing we must be careful of is that we don’t want to goso far as offering incentives that border on corporatewelfare. It would be a mistake to give a blank check to anyspending program for economic development and say,“here’s all the incentive money in the world,” becausethat’s when the government has gone too far. Fortunately,we do not have the problem in Virginia, but we mustalways be mindful of overstepping our bounds as we moveforward. Overall, I believe that the governor has taken theright approach in his efforts to recruit new businesses andnew jobs to Virginia.

JH: Thank you very much for your time and candor. Wewish you the best of luck!

KC: Thank you, J.R.

L: Delegate Cox confers withHouse Speaker Bill Howell.

Photo credit: Delegate Kirk Cox


A Glance at theGovernor’sBudgetProposals

By Krystle D. Weeks

While Virginia only writes budgets every two years, everyGeneral Assembly session offers the opportunity to amendthe spending. This year is no different.

Governor Bob McDonnell has released a series of budgetproposals, focusing on using state dollars for bringing jobsto the Commonwealth of Virginia – continuing to keep hiscampaign promise of focusing on job creation.

During a December speech to members of the SenateFinance, House Appropriations and House FinanceCommittees, McDonnell directed funds to areas thatdirectly benefit job creation, including: EconomicDevelopment, Higher Education, Transportation, andGovernment Reform.

Some of the proposals include:

� Allocating $54 million for Job Creation and EconomicDevelopment. These initiatives include: Revitalizingeconomically distressed communities, expanding smallbusinesses, and promoting tourism in theCommonwealth of Virginia

� Devoting $150 million to the Virginia TransportationInfrastructure Bank. This money will also be coupledwith $250 million from the VDOT audit. This bank willhave $400 million at the start with funding to rise to $1billion by the end of the McDonnell administration.Another component includes issuing $1.1 Billion inFederal GARVEE bonds that does not add to the statedebt.

� Adding $50 Million in Higher Education, which willincrease college access and affordability.

McDonnell also mentioned that the federal health carereform laws will have an impact on Virginia’s budget. AsMedicaid enrollments rise because of the new rules, thisunfunded mandate will cost Virginia nearly $2 billion.McDonnell proposed an expansion on managed care and

care coordination models to all beneficiaries of theMedicaid program. Additionally, McDonnell proposed cutsto all services not mandated by federal or state law, saving$5 million over time.

In the spirit of transparency and accountability, McDonnellallocated $191 million in budget cuts and savings that willprovide more funding for core functions of the governmentsolely focused on job creation and economic development– part of his government reform initiative.

McDonnell also proposed reforms to the VirginiaRetirement System. The governor wants state employeesto contribute 5 percent of their pre-tax earnings to thepension plan to improve its solvency. He also proposesthat the additional contributions be slightly offset with a 3percent pay raise and that the 2 percent shortfall be offsetat the end of the year with a bonus, if the state has theability to pay for it.

During his speech to the legislators, McDonnell stated thathe wants to keep Virginia focused on job creation byadhering to free market principles. McDonnell mentioned:

“Government must set priorities, encourage cost-savings, and frugality, fund core functions well, set theright climate for job creation and economic growth,and then get out of the way.”

Now, it is up to the General Assembly to decide if andhow to implement these proposals.

Governor McDonnell Addresses Joint Meeting of the SenateFinance, House Appropriations and House Finance

Committees on December 17.Photo credit: Office of the Governor

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Can Northern Virginia JeopardizeGOP Control of the State Senate? by Josh St. LouisAfter a highly successful year at the ballot box, manyRepublicans have started planning for a good year at thepolls in 2011. Northern Virginia may especially be one thebiggest battlegrounds for the State Senate, given the factthat currently there are no Republican State Senators inNorthern Virginia. In fact, the last Republican State Senatorfrom Northern Virginia was Ken Cuccinelli. During aspecial election to fill his seat, Democrat DaveMarsden won, giving the Democrats one extra seatand making it harder for Republicans to regain control.

In addition, redistricting adds to this mess. Variouscandidates have announced for State Senate not evenknowing which district they will be in. Thus far, thereare already primaries in at least two races. In the 39thdistrict, George Barker’s district, two candidates havealready announced, GMU Dean Scott Martin, andMiller Baker, a lawyer for a national law firm. SteveHunt, who ran for the 37th district in a specialelection, may also be redistricted in that district. Inthe 33rd district, former Delegate Dick Black isrunning, in addition to prior candidate Patricia Phillips.Spike Williams, a businessman, may also be in thatDistrict.

Redistricting also means that primaries may not evenbe held until August or September. Meaning,fundraising could be a serious problem. I asked ScottMartin, a candidate in the 39th district, what hethought about the late primaries and the multiplechallengers in various districts. “It now looks likeprimaries won’t occur until late August 2011, whichwill severely jeopardize a challengers chance to unseatan incumbent,“ he said. “It is almost impossible tounseat an incumbent starting a general election inSeptember. Challenging candidates need to walk adistrict at least twice to have any real chance ofwinning, and with primaries so late; it will bephysically impossible to accomplish that goal…. Alllate primary candidates should be aware of this, andunderstand they are increasing the chances of theincumbent winning, and damaging their party chancesof picking up seats in the process.”

I also asked Spike Williams if he was worried that a lateprimary would lead to a much shorter general election.“Absolutely, and that’s one of the reasons why I chose tostart my campaign so early,” he said. “Redistricting alwaysbenefits incumbents for a variety of reasons, not the leastof which is the fact that they have organizations already inplace and can have an impact on the redistricting processthat is greater than a non-incumbent.”

Patricia Phillips, a candidate who potentially may be in thesame district as Spike, also weighed in. “The impact ofredistricting on the election calendar is challenging anddefinitely leads to a later primary,” she said. “Thenomination process will hopefully focus on choosing thebest candidate to win in the general election. If allcandidates stay focused with that attitude, we shouldemerge with a united GOP for the general election.”

Even though 2011 promises to be a good year with theanti-incumbent mood so strong, and Northern Virginiaalready being a battleground for Republicans, manyRepublicans will silently be asking themselves if these lateprimaries and multitude of candidates can actually help theparty.

One this is sure: I’ll be holding my breath to see if the GOPcan take back a Senate Seat in Northern Virginia.


Checkup onHealth Careby Eve Marie Barner Gleason

When you are sick, you want a doctor. You want qualitycare: good value for the money you spend. You also don’twant to bankrupt yourself or your loved ones paying forthe care you need.

With health costs growing 35% faster than income over thelast ten years, one million uninsured Virginians, and currentgovernment health subsidy programs facing bankruptcy,there is little doubt that the entire health care system issick.

However, when many Virginia leaders look at the PatientProtection and Affordable Care Act (aka “ObamaCare”),they don’t see a solution, they see more problems.

Dr. Chris Stolle, a member of the House of Delegates fromVirginia Beach puts it simply: “The biggest threat to ourhealth care system today is too much governmentintervention.”

Stolle, a physician and medical administrator, has reason toknow. He suggests that “states are far better at under-standing the needs of their citizens and responding tothose needs than is the Federal government.”

Congress didn’t consult Stolle and other Virginia lawmakersbefore passing its health care reform law, but top officialssay the new law could have devastating effects on theCommonwealth.

Delegate Chris Stolle, a physician and medical administrator says,“The biggest threat to our health care system today is too muchgovernment intervention.”

Photo credit: Delegate Chris Stolle

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"Regardless of whether this current health care actstands or falls, I would urge the next Congress to lookinto solutions that make the insurance market a freermarket, not a government-controlled market. That iswhat will increase competition and make a dramaticdifference in the affordability of health insurance.”

While Cuccinelli’s lawsuit against the federal measureproceeds, the McDonnell administration is preparing towork with the General Assembly to implement itsmandates on the state. Dr. Bill Hazel, Virginia’s Secretary ofHealth and Human Resources, said their goal is to create aWith implementation deadlines looming for the new federal

health care law, Virginia Republicans have developed atwo-pronged strategy for responding to its mandates: theAttorney General is trying to overturn them and theGovernor is preparing to implement them with the leastdisruption possible to Virginia’s economy.

Citing Virginia’s Health Care Freedom Act, which states thatno individual shall be compelled to purchase healthinsurance, Attorney General Ken Cuccinelli is suing thefederal government over the “individual mandate” portionof the health care law. On December 13th, U.S. DistrictJudge Henry Hudson ruled that the federal law exceedsCongress’s constitutional authority by compellingprivate citizens to purchase an insurance product.Hudson declined to stop the implementation of the lawwhile the appeals process continues. AlthoughCuccinelli and McDonnell have requested expeditedreview of the law by the U.S. Supreme Court, they arenot expected to decide the case before 2012. By thattime, the law requires states to have taken several stepsto implement its provisions.

For Cuccinelli, the Federal health care law represents anunprecedented violation of individual liberties. Whendiscussing his decision to sue the federal government overthe law, he cites his oath to uphold the Constitution:

“If we cross this constitutional line with health care –where the government can force us to buy a privateproduct and say it is for our own good – then we willhave given the government the power to force us tobuy other private products, such as cars, gymmemberships, or even asparagus. The government’spower to intrude on our lives for our own good will bevirtually unlimited.”

Even as he has become a nationwide hero to conservativesand libertarians who oppose the health care law, Cuccinellisays he is sympathetic to the concerns of those who cannotget health insurance:

In a statement released immediately after the law passed,Governor Bob McDonnell said,

“The proposed expansion of Medicaid is an historicunfunded federal mandate on the states. Thisexpansion will put at least 400,000 more individualson Virginia's Medicaid rolls. The Virginia Departmentof Medical Assistance Services has estimated that itwill cost the Commonwealth an additional $1.1 billionby 2022. … We simply cannot afford this expansion.”

Health Benefits Exchange (HBE) that reflects “Virginiavalues.” Hazel, who chairs the Virginia Health ReformInitiative (VHRI), explained,

“We see it as our job to prepareVirginia for implementation of thefederal law so that we don’t end upin a federal exchange. The model weare looking at is more Utah thanMassachusetts... A basic structurewith a market oriented approach.”

Secretary of Healthand Human Resources,

Dr. Bill Hazel

Hazel’s Initiative is seeking to re-imagine the future of health carepolicy in Virginia. Right now, “absentsignificant reform in delivery, costsare simply unsustainable.” Hazel saidthe VHRI “has outlined a road forwardto improve the value of healthcare inVirginia. This should in turn improvequality, enable access, and provide acompetitive advantage for our employers.”

Hazel wants his initiative to succeed where he believes thehealth care reform efforts of the last Congress failed:“Issues related to value and cost were not an urgentpriority at the national level, so the health bill is basicallyunaffordable.”

Beyond implementing the requirements of the federalhealth care law and setting up reforms to payment anddelivery systems in Virginia, Hazel stressed the need tocontrol the cost of Medicaid. He expressed support forMedicaid reforms, such as those outlined in a recent reportreleased by Congressman Paul Ryan and former WhiteHouse Office of Management and Budget (OMB) DirectorAlice Rivlin. Hazel noted: “Block grants would help breakthe stranglehold that the funding formula has on theVirginia budget. It would allow for better value, flexibilityand creativity with use of Medicaid dollars.”


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In a statement late last year, Sen. Jim Webb focused onnew mandates on insurers, rather than premium increasesand the individual purchase mandate. Webb remindedconsumers that children with pre-existing conditions mustbe covered and insurers can no longer drop coveragearbitrarily, young adults can stay on their parents plansuntil they are 26 years old and individuals can appealunfavorable insurance company decisions to an independ-ent third party.

Senator Mark Warner’s public statements have been evenmore cautious than those of his senior colleague. Hisstatement about the bill focuses on his efforts to bring downits costs and incorporate “private sector solutions.”

When he tried to convincehis Virginia colleagues to votein favor of ratifying theConstitution as the supremelaw of our land in 1788,James Madison spoke of theneed for a constitution toestablish definite boundariesfor the federal government.He said, "There are more instancesof the abridgment of the freedom of the people bygradual and silent encroachments of those in power,than by violent and sudden usurpations."

- Attorney General Ken Cuccinelli

The McDonnell administration, Hazel said, is also“advocating changes federally to allow cost sharing withrecipients. Research shows that cost sharing helps patientsmake cost conscious decisions.”

The Initiative’s recommendations, he noted, are about“making health care more affordable, independent of thefederal law.”

While Republican leaders strategize over the implementa-tion of the federal health care law and examine possiblestate level health care policy changes, Virginia’s topDemocrats are touting popular aspects of the law.

Checkup on Health CareContinued from Page 19

As big picture health care policy has garnered policy makers’attention inside and outside the beltway, private and marketoriented solutions are likely to take center stage. Uninsuredand underinsured patients in Virginia continue to struggleto get needed care. Even if it is upheld in subsequent courtdecisions, the individual mandate does not go into effectuntil 2014. In the meantime, premiums continue to rise,the jobless often lack insurance and many people ineligiblefor Medicaid are still unable to afford top tier policies.

For these individuals, Virginia’s non-profit communityhealth centers serve a vital role. Funded by a combinationof federal, state, and local taxes and private donations,they serve 220,000 people a year. Republican and Democratlegislators have a history of bi-partisan support forcommunity health centers that may point the way forwardfor future health care solutions.

From creating Virginia’s Health Benefits Exchange to tacklingexplosive Medicaid costs and suing the federal government,Virginia leaders are looking at full agenda for health care policyin 2011. In the end, they hope more people will get bettervalue for their health care dollar.


Redistricting inVirginia –

The Insand Outs

Earlier this year, we all hadthe pleasure of engaging ina public duty that is as old asthe Republic – participationin the decennial census.

The U.S. Constitution requiresan actual enumeration betaken every ten years, and itforms the basis of theapportionment scheme thatunderlies the formation ofthe House of Representatives.Likewise, the Constitution ofVirginia requires that theGeneral Assembly "reapport-ion the Commonwealth intoelectoral districts….in theyear 2011 and every tenyears thereafter."Additionally, state lawrequires that counties, citiesand towns that elect governingbodies also redistrict every10 years.

Redistricting and reapport-ionment are both criticalendeavors that are potentialgame changers in politics atboth the state and federallevel. Given our focus onsingle-member districts(where one individualrepresents one district drawnbased on population), howthese lines are drawn, whois included, and what theirpolitical – and often racialand ethnic – affiliationsare, can make a hugedifference in the shape andtenor of Virginia’s politics.

With Republicans currentlyin control of the House ofDelegates, Democrats incontrol of the State Senate,a Republican governor, andan almost 3-to-1 overwhelm-ing Republican majority in

by Brian W. Schoeneman

BearingDrift.com

Congressional seats, we face the prospect of a partisanredistricting process. It’s likely that Democrats in theSenate look at this as something akin to “Custer’s LastStand” or the “Alamo”. Coupled with the fact that Virginiamust have any redistricting plan approved by the federalgovernment under the terms of the Voting Rights Act, wemay not know for sure that the lines drawn in 2011 will bethe permanent ones for a long time.

Given the importance of redistricting and reapportionmentto the 2011 General Assembly and local elections, the 2012federal elections, and the 2013 statewide elections, it isimportant to understand what exactly is going on withredistricting, what some of the likely outcomes are, andwhat the various players stand to gain or lose in the battlesover the lines that loom before us.

Redistricting and Reapportionment – What are they?

Redistricting is the process whereby the lines are redrawnat the federal, state and local levels.

Reapportionment is a different creature – it is the processby which the population of the states determine thenumber of seats in the House of Representatives each statereceives.

Since the number of Congressmen was capped by Congressin the Reapportionment Act of 1929, the question ofreapportionment has been critical, as it represents majorlosses or gains of political power for a state.

Each state must have a minimum of one Congressman, andbecause of the current cap, the average Congressional seattoday represents about 650,000 people, save for the fourstates who only have that single Congressman (Wyoming,Vermont, Alaska and North Dakota). Under our currentapportionment process, population numbers are fed into amathematical formula that assigns the 385 unassignedseats based on population – each state gets one to start.

Both federal and state redistricting is done by the VirginiaGeneral Assembly, under the Constitutions of both theUnited States and Virginia. Congress may alter bylegislation the means by which Virginia handles its drawingof the lines (as it has done by adopting single-member

districts and passing the Voting Rights Act), but theultimate decision rests in the hands of the GeneralAssembly.

Under current federal law, the Clerk of the House ofRepresentatives must notify each state of the number ofseats they will be entitled to under the newreapportionment by January 25, 2011. The Census Bureauannounced the first release of final data on the 2010 censusin December and the impact on Virginia was minimal. Wewill still have the same 11 seats to draw that we do now.

The Voting Rights Act – What It Means to Virginia

Passed in response to almost one hundred years ofDemocratic Party suppression of the black vote across thesouth, the Voting Rights Act of 1965 was one of the mostsweeping and immediately successful civil rights legislationpassed during the 1960s. For example, in Mississippi, oneof the most unreconstructed of all the southern states,black voter registration went from 6.7 percent before thepassage of the act to 59.8 percent just two years later. Inthe seven states originally covered, including Virginia, blackregistration increased from 29.3 percent to 56.6 percent inless than ten years.

Section 2 of the act restates the 15th amendment andprohibits any redistricting plans or other voting plans thatare designed with the intention of disenfranchising aminority population.

Section 5 of the act requires that any changes to "anyvoting qualification or prerequisite to voting, or standard,practice or procedure with respect to voting" be submittedto either the attorney general of the United States or theU.S. District Court for the District of Columbia. The law hasbeen reauthorized multiple times since 1965, and Section 5has been extended to a number of other states. Theprotection of Section 5 has been extended to foreignlanguage minorities in addition to racial minorities.

The Republican-led 2006 Congress reauthorized the VotingRights Act with the Section 5 preclearance provisions set toexpire in 2032.

Virginia has a long and unfortunate history when it comesto Jim Crow and voting rights. Virginia's poll tax was oneof the last to remain on the books until it was finally struckdown by the Supreme Court in 1966 in Harper v. VirginiaState Board of Elections, 383 U.S. 662 (1966). Thus anychanges made to our district lines, both at the federal andstate level, must be precleared either by the attorneygeneral or a federal court.

It’s likely that Democrats in theSenate look at this as something akin to“Custer’s Last Stand” or the “Alamo.”



Under the Voting Rights Act and Supreme Court precedent,redistricting plans should be precleared so long as they arenot retrogressive – meaning that as long as they do not seea protected minority class lose voting power within adistrict, they should be approved.

It took the attorney general less than two months topreclear the House, Senate and Federal plans in 2001. Twolawsuits were filed over the drawing of the 4th Districtlines in 2001, arguing a violation of Section 5, and thosesuits were finally disposed of in 2005, demonstrating howlong a process litigation of the district lines under the VRAmay take.

The most likely place we could see a VRA Section 5challenge this time around is in the 3rd District. It is themost diverse district in Virginia, and with a majority blackpopulation of 54%, any changes to the district that reducethat percentage may open up the lines to a challenge underSection 5's retrogression standards.

Section 2 and Section 5 have been used to challengedistrict gerrymandering – the process where the lines aredrawn in weird or seemingly random fashion designed toscoop up discrete groups of people for the benefit (ordetriment) of the office holder. The Supreme Court hasheld that racial gerrymandering is barred under both theequal protection clause of the 14th amendment and theVoting Rights Act. Political gerrymandering, however,where the districts are drawn specifically to benefit apolitical party and race is not a factor, has recently beenheld to be a political issue that is outside the SupremeCourt's purview. In Vieth v. Jubelirer, 541 U.S. 267 (2004),Justice Scalia closed the door on the Court hearing anymore political gerrymandering cases, holding that thosetypes of cases are best resolved by the political processand are non-justiciable. The Vieth case reversed a numberof prior court rulings about partisan gerrymandering.

When it comes to Virginia drawing federal lines,partisanship is okay to take into account, race is not.

Federal Redistricting – Expectations and Issues

Virginia has a lively history of redistricting fights at thefederal level, right from the very beginning.

President Lyndon Johnson signing the Voting Rights Act of 1965.

Governor Patrick Henry, an avowed anti-federalist andopponent of the federal constitution, tried to draw thelines of the 5th Congressional District in such a way as tokeep James Madison, architect of the Constitution, out ofthe Congress.

Henry tried to pack Madison's district with anti-federalistsand even went so far as to recruit future president andJames Monroe to run against Madison. Madison won byover three hundred votes – almost a landslide at the time.And there apparently were no hard feelings betweenMadison and Monroe, as Monroe served as Madison'sSecretary of State and Secretary of War before succeedinghim as president.

This time around, things may be just as tough.

The November elections that swept Robert Hurt, MorganGriffith and Scott Rigell into Congress will make itconsiderably more difficult to draw the Congressional linesin 2010. With Republicans holding 8 of the 11 currentCongressional seats (Democrats hold the 3rd, 8th and 11thdistricts) drawing lines that do not harm any Republicanincumbents while making Democratic strongholdsvulnerable will be exceedingly difficult.

But make no mistake – the changes have to come.

A quick look at the estimated variances from targetpopulation across Virginia make it clear that theCongressional districts we have come to know are going tosee some major changes. The districts need to gain or losethe following number of people in order to meet theestimated 717K people each Virginia district shouldpossess:

Redistricting in VirginiaContinued from Page 23

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� 1st (Rob Wittman-R): -36K� 2nd (Scott Rigell-R): +57K� 3rd (Bobby Scott-D): +60K� 4th (Randy Forbes-R): -20K� 5th (Robert Hurt-R): +38K� 6th (Bob Goodlatte-R): +23K� 7th (Eric Cantor-R): -66K� 8th (Jim Moran-D): +33K� 9th (Morgan Griffith-R): +67K� 10th (Frank Wolf-R): -132K� 11th (Gerry Connolly-D): -24K

Northern Virginia sources tell Bearing Drift that the mostlikely outcome here would be for the 11th to shed some ofits more Democratic precincts into the 8th District, whilepossibly gaining some more Republican voters from the10th. The 10th will have to lose some of its westernportions into Bob Goodlatte's district.

The makeup of these districts invariably must change. Thecurrent makeup politically of these districts on the CookPartisanship Index is as follows: 1 – R+7; 2 – R+5; 3 – D+20;4 – R+4; 5 – R+5; 6 – R+12; 7 – R+9; 8 – D+16; 9 – R+11;10 – R+2; 11 – D+2. As you can tell by these numbers, thetwo Democratic strongholds are almost impregnable, andgiven the high number of minorities in the 3rd District,trying to dilute the Democratic advantage in the 3rd isalmost impossible thanks to the Voting Rights Act (moreon that later). The most Republican part of the state, theShenandoah valley along Interstate-81 from Front Royal toBristol, is going to have to add significant numbers and theonly place to get them is going to be by shifting the bordersnorth into Northern Virginia.

Federal redistricting is going to be a slog; I’m sure theGeneral Assembly is not looking forward to it.

State House and State Senate Redistricting

The House of Delegates and the State Senate redistrictingprocess is a little different, mainly because they have morerules applied than at the federal level. The Virginia

Constitution, as noted above, governs the drawing of lines,and includes a provision requiring that the districts be"composed of contiguous and compact territory" and thatthey provide for "representation in proportion to thepopulation of the district" as nearly as is possible.

Generally, under federal law, variances in population ofless than 10% do not trigger a presumption that the linesviolate the equal protection clause of the Constitution, butbeing within 10% is not an automatic approval, either.

While the criteria for this year's redistricting hasn't beenreleased by the General Assembly yet, in 2001, the goalwas plus-or-minus 2% deviation across all GeneralAssembly districts and no deviation for Congressionaldistricts. The lines from 2001 met both of those goals.

Even more difficult questions come up when dealing withHouse of Delegates and State Senate redistricting.

With Republicans enjoying a significant lead in the House ofDelegates (59 Republicans and 2 Independents who caucuswith the GOP vs. 39 Democrats) the pressure onRepublicans in the House to play games with districtlines to benefit their party is diminished. The biggestissue will be determining which parts of the state willgain and which will lose seats.

Right now, most of the overpopulated districts in the StateHouse are in Northern and Central Virginia. It is likely thatNorthern and Central Virginia will pick up a handful of newdistricts, while southern Virginia will lose – which sets up anumber of major primary fights.

The State Senate is a much more difficult provision.

Democrats do not enjoy as significant a majority in theSenate as Republicans do in the House (merely 22Democrats to 18 Republicans). The chances of Democratsusing the process here to strengthen their electoral processis slim, as they have to expect that Republicans in the

House will not agree to a redraw districts that significantlydamages their party’s chance at taking back the Senate.Districts in the Norfolk/Hampton Roads area and SouthwestVirginia are likely to lose seats to Northern and CentralVirginia during this process based on population.

Sources have told Bearing Drift that conversations betweenthe House and the Senate have been few and far between.Both sides seem to be focusing on their own processes andignoring those of the other body. Both the House and theSenate have held multiple public hearings around theCommonwealth to get public input into the redistrictingprocess.

The conventional wisdom, which has not been contradictedby any of the elected officials or staff who spoke withBearing Drift on strict anonymity, is that both houses willdraw their own lines and likely not interfere significantly in the other body's line drawing. The two sides will have tocompromise on federal redistricting, but that process does



not have the immediacy of resolving the issues with Houseand Senate districts, amidst of the pressures of a generalelection looming in mere months.

Strategists expect to see a special session of the legislaturein March to finalize the line drawing, with primaries set forJuly. It is unlikely that we, the voters, will get a chance tosee the lines as suggested until the House and Senate areprepared to vote on them.

What About a Bipartisan Commission?

The notion of a bipartisan commission to draw the lines isrepeatedly proposed – usually by the party not in power.An independent commission would, proponents argue,increase voter faith in the redistricting process and drawthe lines in a way that doesn't focus on political advantagefor the party in control.

As recently as this month, some political strategists inRichmond have said that Governor Bob McDonnell isinterested in the idea of a commission and may announcethe formation of one in the coming months.

"The governor will work with Republicans and Democrats,and enlist greater public input to ensure that a more openapproach is taken to the redistricting process,” respondedTaylor Thornley a spokeswoman with the governor’scommunication team. “We will have further details onhow the Administration will approach the matter in thedays ahead."

Bearing Drift, however, has talked to a number of sourceswho believe a bipartisan commission is not going tohappen.

Opponents argue that bipartisan commissions tend toresult in the same partisan fights you see in a normalredistricting process. Since the make-up of the commissiontends to include both Democrats, Republicans andindependents, the independents effectively own theprocess. This doesn't result in any better results than thecurrent system.

The bipartisan commission system necessarily benefits theparty not in power, as it gives them a greater chance toinfluence the process than they would have otherwise. Butgiven the fact that we have divided government inRichmond, neither party gains a real edge or losessignificantly by choosing a bipartisan commission, leaving it

unlikely that a bipartisan commission will be chosen tosuggest lines to the governor.

What Does This Mean for 2011?

With the entire House of Delegates and State Senate up forreelection, the impact of redistricting on the 2011 electionsis up in the air.

One thing seems certain – it is likely to be an incumbent'syear.

Given the compressed schedule, all of the usual decisionscandidates make about running will be compressed into amuch shorter timeline. With primaries not likely to takeplace until July or August, the crucial summer period thatmany candidates use to regroup from primary fights andprepare for the general election will be gone.

But not everything trends in favor of incumbents.

New district lines mean new voters, and in areas wheresignificant changes will likely be made, some incumbentsface the prospect of almost entirely new districts, whileothers may end up taking on colleagues in primaries or thegeneral election. And, given the compactness of theschedule and the need for an additional session to focusspecifically on redistricting, the amount of time incumbentswill have to campaign and raise money, which incumbentsare barred from doing during a legislative session – issignificantly lessened.

Running in 2011 is going to be much more difficult for justabout everybody thanks to the redistricting process.

Conclusion

The redistricting and reapportionment processes are in fullswing, and we can expect to see even more news on theefforts in both the House and Senate over the next comingweeks. Given the inherent difficulty in drawing the lines,complying with state and federal law, and the typicalpartisan concerns that weave their way through this entireprocess, this process is not going to be easy nor will it bedrama-free.

That means for political junkies like all of us, it should bepretty darn fun, butmisery for all theelected officials.A win-win!

Photo credit:Michael R. Fletcher

Redistricting in VirginiaContinued from Page 25


The Final WardSnarkery and Cartoons from Ward Smythe & Friends.

January first, after the champagne corks popped and theparades floated by, Virginians settled in for a good six ormore weeks of winter and snow, and

In an interview with Sean Hannity, GOP Chair MichaelSteele revealed that he had no confidence in his own partyto retake either chamber of the U.S. Congress tellingHannity, “Not this year.”

The winter of 2010 turned out to be one of Virginia’scoldest in nearly 25 years, but as though Providence wassmiling upon the Old Dominion, the day of Robert F.McDonnell’s Inauguration to be Virginia’s 71st Governordawned sunny and mild. McDonnell took the officepromising a Commonwealth of Opportunity. Bill Bollingre-took the Oath of Office for his second term of Lt.Governor. Ken Cuccinnelli was sworn in to be AttorneyGeneral, at which time he immediately filed suit. And,J.R. Hoeft covered the proceedings in a capitol squareflower garden – he’d get arrested for that most days.

Closer, home, in one of two special elections, the Senateseat vacated by Attorney General-elect Ken Cuccinelli isnarrowly won by a homeless State Delegate. We’re stillnot sure if Sen. Dave Marsden has found a place to live. InVirginia Beach, Jeff McWaters was elected to replaceformer State Senator turned Sheriff Ken Stolle.

The Massachusetts Miracle sees Tea Party darling andformer centerfold Scott Brown win the seat vacated by thedeath of Liberal Icon Ted Kennedy in a special election.Tea Party members are soon shocked to realize that Brownis actually from Massachusetts.I

n one of his first official acts Governor McDonnellannounced that Virginia's nineteen shuttered rest stopsand welcome centers would begin reopening in mid-February. The Virginia State Police reported a nearimmediate decrease in roadside “trucker bombs.”

Ninth District Congressman Rick Boucher is declaredunbeatable and appears poised to sail to reelection withoutan opponent.

Newly minted Governor Bob McDonnell gives the GOPresponse to the State of the Union address in front of a liveaudience at the Virginia State Capitol. Republicans acrossthe nation rejoice that he is “Not Bobby Jindal.”

In February, the National Football Conference ChampionNew Orleans Saints breathe life into a city still recoveringfrom the devastation of Hurricane Katrina by defeatingAmerican Football Conference Champions 31-17 in SuperBowl XLIV. FEMA announced that trailers would beavailable for the victory parade.

In a shock to Richmond eaters, treasured Ukrop’s GroceryStores are bought out by Martin’s Food Markets, owned byGiant. The coming Urkropalypse promises that stores willsell beer and wine and be open on Sundays. Maybe thisisn’t such a bad thing after all?

Liberal Pennsylvania Congressman John Murtha passedaway at the age of 77 from complications from gallbladdersurgery. Republicans see an opportunity for another“Massachusetts Miracle” but in no real surprise, the heavilyDemocratic district returns a Democrat to Congress asMurtha’s replacement.

Attorney General Ken Cuccinelli filed a petition on behalfof Virginia asking the federal Environmental Protection



Thousands of Americans convened peacefully inWashington D.C. to protest the government takeover ofthe health care system. Typically, Congress didn't listen.

Congress still didn’t listen when Republican Party ofVirginia Chairman Pat Mullins kicked off “Read the Bill” amarathon reading of the health care legislation that evenNancy Pelosi said “we have to pass the bill so you’ll knowwhat’s in it.” Perhaps it was because they fell asleepduring the exercise.

Thanks to the leadership of McDonnell and Bolling, a dealis reached balancing the Virginia budget without a taxincrease. Whoda thunk it?

In what would turn out to be one of his last Town Hallmeetings, at least with constituents, Congressman TomPerriello told an assembled crowd, “If you don't tie ourhands, we'll keep stealing." Apparently, they believed him.

Attorney General Ken Cuccinelli filed a lawsuit againstPresident Obama's nearly $1 trillion health care overhaul,challenging the individual insurance requirement as anoverreach of federal power. Apparently Cuccinelli wants toinoculate us from Washington, DC.

When campaigning for Governor in 1985, formerCongressman Stan Parris often joked that he once got ajob in the U.S. Capitol as an elevator operator and workedhis way up. In March he took his final ride all the way tothe top floor.

In April Governor Bob McDonnell caused a stir byproclaiming April as “Confederate History Month” withouta reference to the stain of slavery. McDonnell admitted

that to be an oversight. Bearing Drift publisher J.R. Hoeftmade his annual call for a Virginia Heritage Day. Set yourwatches…it’s as consistent as the Winter Solstice.

In late April the Deepwater Horizon oil platform explodedin the Gulf of Mexico, killing eleven workers, and resultingin one of the largest oil spills in history. While tragic,President Obama used the tragedy to appease his liberalleft by hamstringing any possibility of the U.S. Becomingenergy independent.

While celebrating Earth Day, Attorney General Cuccinellicalled on the University of Virginia to produce documentsrelating to the research of former professor Michael Mann’sstate grant-funded climate research. Shocker of shocks:the state asking to review research at a state universityfunded by state tax dollars!

In an economic win for Governor McDonnell NorthropGrumman announced that Virginia had been chosen as thesite for their new corporate headquarters. They promptlyannounced later in the year they would be spinning offtheir Newport News Shipyard.

Not content with multiple lawsuits against the federalgovernment, in May the office of Attorney General KenCuccinelli issued lapel pins featuring a little used, but moremodest version of the Virginia State Seal sans bare breastfrom an antique flag hanging in the State Capitol. In astatement after discontinuing the use of the pin, Cuccinellisaid “I cannot believe that joking with my staff about Virtuebeing a little more ‘virtuous’ in this antique version hasbecome news. This is simply a media-made issue that hasbecome distracting to the work of my office.” C’mon, Ken.Virginia is for Lovers! Do you really think we’d stand foryou covering up Ms. Virtue?

As part of the budget balancing measure, thousands ofstate employees were forced to take Friday, May 28 as anon-paid furlough day. The end result was a four-dayweekend for most, accompanied by a slightly reducedpaycheck. As for the government being closed, it’s notcertain that anyone noticed.

Former State Senator Jay O’Brien dropped his campaign toreclaim his Senate seat after being caught on videoremoving his opponent’s fliers from a local conveniencestore. C’mon, Jay, at least you could have made itinteresting by hoisting a six-pack of Four Loko.

In June, Country music legend and sausage king JimmyDean was buried in a piano shaped mausoleum at his JamesRiver estate with the epitaph "Here Lies One Hell of a Man".

Agency to reconsider its Decemberfinding that global warming posesa threat to people. Liberals declareCuccinelli is the one with hot air.

In March, Bearing Drift launchedthe first successful issue of BearingDrift Magazine featuring anexclusive interview with GovernorBob McDonnell. J.R.’s mom hasnot read it yet.

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Freedom 1650AM hosted the first “Freedom Fest” inHampton Roads with headliners Sarah Palin, LeeGreenwood, George Allen, Oliver North and soon-to-beCongressman Scott Rigell. Unfortunately, Bearing Driftwas told to “shut down” during Palin’s speech. Bless herheart.

After serving nearly 60 years in the United States Congress,West Virginia Senator and ex Klansmen Robert C. Byrdpassed away at the age of 92.

In late July and early August Virginia hosted, for perhapsthe last time, the National Scout Jamboree at Fort A.P. Hillnear Bowling Green. An estimated 45,000 scouts, leadersand volunteers participated in the 100th Anniversary event.Once again, a win for the “Union” – apparently theJamboree is moving to WEST Virginia.

Former Illinois Congressman Dan Rostenkowski passedaway at the age of 82. A statement from his Chicago officesaid that he still intends to vote for Rahm Emmanuel forMayor.

An overworked President Obama took his family on his 6th recession year vacation.

Secretary of Defense Robert Gates recommends theclosure of JFCOM in Hampton Roads. Virginia officialsrespond with a collective “Are you out of your mind?”

In September, Governor McDonnell tapped ChesterfieldDelegate Sam Nixon to be head of the troubled VirginiaInformation and Technology Agency. It remains troubled,and after several statewide outages, we wonder if Nixondoesn’t miss the General Assembly. Seriously…this is likethe 8th time we’ve said this. Sam…what were you thinking!

Former part-time Governor, and please-God-don’t-let-them-replace-him, DNC Chair Tim Kaine announcedsomething big, andwe mean really bigfor Democrats.Turned out to be just a new logo and the prototype for theBig Ten’s new branding.

President Obama visited the 7th Congressional District, oneof only a handful where he knew he couldn’t ruin theDemocrat’s chances. Congressman Eric Cantor said of thePresident’s visit, “I join my colleagues in urging thePresident when he’s in Richmond to come out in favor ofdefending all people –especially small businesses, when

The Virginia Tea Party held their first convention in Octoberwith an all-star list of speakers and sponsors. Even weshowed up.

First District Democratic candidate Krystal (yes that’s herreal name) Ball was embarrassed by suggestive photosreleased that showed her enjoying some…um…reindeergames with her former husband. Some Virginia bloggersare still looking at the photos in the basement of theirmom’s house.

Former 2nd District Congressman Owen Pickett passedaway at the age of 80.

President Obama makes an eleventh hour visit to theliberal haven of Charlottesville in order to save the 5thDistrict election, which he does...for Robert Hurt.

In November, in a landslide of epic proportions,Republicans take back the House of Representatives.Unbeatable Congressman Rick Boucher goes down indefeat to Morgan Griffith. Robert Hurt wins in the 5th,Scott Rigell wins in the 2nd and the remainder of Virginia’sGOP delegation wins with ease. Now that we’re back towhere we were in before the 2008 election, have theseguys learned their lesson?

Prince William County Board of Supervisors Chair andSenate-wannabe Corey Stewart strikes out at George Allenand Bob McDonnell in a move that has the pundits saying“what?” Hmm…smart move Corey – go after the two mostpopular political figures in your party? You must have somegreat advisers.

we’re lookingto create jobs –and allowSpeaker Pelosito bring a bill tothe floor thatwill make surethat taxes won’tgo up for anyAmerican thisyear.” ThePresident didn’tget the messageuntil a fewweeks later.


In December, the Democratic Party of Virginia givesRepublicans an early Christmas present by naming failedgubernatorial candidate and younger, angrier brother ofAngry-Jim, Brian Moran their new party chairman. In thewords of BD contributor Eve Gleason, “The Democrats liketo recycle.”

In a major victory for freedom and for Ken Cuccinelli,Federal Judge Henry Hudson of Virginia ruled that theindividual mandate requiring citizens to buy healthinsurance or face penalties is unconstitutional. Keep thegovernment’s hands off our bodies! Oh, wait…

Governor McDonnell released his list of budgetamendment recommendations. The upcoming GeneralAssembly Session will sort them all out. Thank God,because we can’t.

The Congress passed and the President signed theextension of the Bush-era tax cuts, effectively leaving thetax rates in place. There were concessions and convulsions

on both sides of the aisle. Compromise? “Bah, Humbug!”said Bearing Drift contributor D.J. McGuire.

The DREAM Act failed in the U.S. Senate by a vote of 55-41,while the repeal of the “Don’t Ask Don’t Tell” policy of theU.S. military sailed through with a 63-33 vote.“Hello, Sailor!”

And, just before the end of the year, on a cold, clear nightof a non-specific holiday, a figure with a broad but normalface and an advanced-size abdomen was seen flying overthe Old Dominion in an emissions-free vehicle produced byTerry McAuliffe, yet still pulled by eight size-challengedreindeer The People for the Ethical Treatment of Animalspromptly protested in the buff, promptly catching frostbitebecause of global warming. Undeterred, the vertically-challenged, mature, rouge-attired workaholic shouted,"Lady of the Evening! Lady of the Evening! Lady of theEvening! To all a happy non-denominational winter holiday!"

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Virginia Politics On Demand - January 2011