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Wednesday, April 17, 2024 | Back issues
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Changes on the horizon in Virginia after GOP stuns Democrats

Republicans’ sweeping victories over Democrats in Virginia leave few options for the former party in power to keep its legislative legacy intact.

RICHMOND, Va. (CN) — Virginians woke up with new leadership on the horizon Wednesday morning as Republicans, led by businessman and Governor-elect Glenn Youngkin and bolstered by weak Democratic turnout, took control of the top statewide offices and the House of Delegates in the closest watched election of 2021.

It’s been over a decade since Virginians elected a Republican to a statewide seat. While those on both sides of the aisle will spend weeks if not months dissecting Tuesday’s election, the reality of the GOP victories will set in by January for the 2022 legislative session and in legal fights over the coming months.

"We are going to get to work on day one to ensure that Virginians soar and never settle," Youngkin said in a brief statement following his two-point win over former Democratic Governor Terry McAuliffe.

At the top of the governor-elect's list of campaign promises is addressing what he perceives as the state’s failing school system.

Youngkin's campaign website says that effort includes increasing the number of governor’s schools – the state’s highest performing and more exclusive public education options – alongside restoring school standards to “actual excellence.” 

While some goals such as making sure all kids can read, write and understand math by third grade can be pursued easily, construction of new buildings and restoring education standards will require input from other parts of the state government.

Changes to school standards are in the hands of the Virginia Board of Elections, whose members are appointed by the governor. The board is currently filled by Democratic appointees with few terms expiring before 2023. This could be a firewall against much of Youngkin's scholastic agenda if legislation stumbles.

Construction projects like new schools have to be funded through budget planning, something that is ongoing under the current Democratic House leadership as a biannual budget awaiting final amendments. Sources were unable to confirm if that budget process would wrap up before Republicans take control in January. 

Still, the GOP’s retaking of the state’s House of Delegates will make changes easier.

Among those who helped retake the House is lawyer Wren Williams. Based in the state’s far southwestern corner, the delegate-elect overtook a 14-year GOP incumbent in a primary earlier this year. He attributed his win, as well as Youngkin’s, to a desire for moderate politics. 

“I don’t think gun rights and abortion will be front and center,” Williams said of the upcoming session in a phone interview Wednesday morning.

Citing Youngkin’s refusal of an endorsement from the NRA, and attempts to avoid discussions about reproductive health, he argued the GOP won on education and economic development and that will be where the party focuses. 

“Everybody wants to see Virginia and the nation come back to the middle, not an extreme right or left, and that’s what I think that’s the kind of Virginia Youngkin wants to represent,” he added. 

But Williams also pointed to Youngkin’s most headline-grabbing campaign pledge: to ban critical race theory in public schools. 

While no evidence exists to suggest Virginia’s schoolchildren are learning about the theory that racism is embedded in American institutions, Williams said voters believe school systems are rife with efforts to teach Black children they were unequal to their white counterparts. 

Though the GOP winning the House will be a major boon for Youngkin, he’ll still face a 21-19 Democratic majority in the Virginia Senate. But that slim majority often relied on outgoing Democratic Lieutenant Governor Justin Fairfax casting tie-breaking votes for some of Democrat’s most contentious efforts, thanks to two moderate Democrats in the chamber. 

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Now, with Republican Lieutenant Governor-elect Winsome Sears taking the podium in the state Senate, those two Democrats, who have been unafraid to vote with Republicans in the past, are set to define the state’s legislative agenda in the coming years. 

Senator Joe Morrissey’s district encompasses the I-95 corridor south of Richmond, a seat he won after some tumultuous personal scandals saw him serve jail time while still making laws in the state’s House. 

“On difficult issues — education or abortion — I’ve gone against my party because those are my convictions and I’m not going to hide them,” Morrissey said in a phone interview Wednesday. “I can say I have more fidelity to the commonwealth than the party.” 

Senator Chap Petersen has similarly taken some more conservative stances from his Fairfax City district. 

Both senators pointed to recent Democrat-led successes in Virginia like expanding voting rights, passage of the Equal Rights Amendment, criminal justice reform and a minimum wage increase as popular legislation the GOP was unlikely to reverse. 

“That’s part of our framework, that’s part of our fabric,” Petersen said. “These are going to be our legacy.”

But Morrissey said he’d remain an anti-abortion Democrat, and Petersen could see the state revisiting details of its recently enacted marijuana legalization effort. 

“The horse is out of the barn on that, no one is going to vote to re-criminalize [marijuana]; but I think the tax issues, we’ll see what the Republicans do,” Petersen said. 

The final piece of the new GOP leadership is Republican Attorney General-elect Jason Miyares. A former delegate from the Virginia Beach area, Miyares ran hard against some of the criminal justice reforms Democrats like Morrissey and Petersen have championed. That might be a problem for his campaign promises, but if he follows in the footsteps of his opponent – outgoing Democrat Mark Herring, who famously refused to defend the state’s ban on same-sex marriage – he’ll find plenty of ways to use the office as a bully pulpit. 

While Miyares said he still needed to catch up on some of the lawsuits Herring was currently pursuing - including claims against landlords who denied tenant applications to those on state-funded housing vouchers in violation of laws changed by Democrats – he’ll have to make public stances eventually. 

“I’m a big believer in equal protection of the law under the 14th Amendment and I think everyone deserves individual dignity and freedom of conscience,” he said in a phone interview Wednesday.

The use of the term “conscience” might stick out to LGBTQ activists who gained protections thanks to Democratic legislation, as it's been used as a way to defend religious freedoms that conflict with those rights.

Miyares’ position will undoubtedly be clarified when he’s forced to respond to a recently filed suit from a rural Christian couple who claims the state’s newly expanded Human Rights Act burdens their right to freely exercise their religion by banning the hiring of domestic workers based on religious preference. The couple wants a Christian babysitter to care for their special needs daughter.

How the new attorney general's stances could conflict with Youngkin’s moderate positions is yet to be seen, but Miyares said he believes he was hired by voters to “follow his convictions.” 

“I think we’ll be closely aligned on almost all issues, but I’m sure there will be some places where we’re not,” he said. “We’ll cross that road when we get there.”

Virginia’s newest elected officials take office in January.

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