by James C. Sherlock
Having watched the flood of money into the 2017 and 2019 Virginia elections and the utter chaos in the 2020 General Assembly, I offer what I hope are two reform suggestions that meet with bipartisan approval.
Limit the money in state politics
I wrote an entire column on the abuses of unlimited campaign donations and their effects on healthcare policy in Virginia. Bacon’s Rebellion has been reporting on the system for years.
Campaign donations in unprecedented amounts in 2016-17 and 2018-19 directly affected our state elections first for constitutional officers and then for the General Assembly. An ocean of out-of-state money now threatens to tilt Virginians’ votes on a constitutional amendment for redistricting reform that was agreed upon by bipartisan majorities in the 2019 and 2020 General Assemblies under Republican and then Democratic leadership.
The $225 million raised by General Assembly candidates in the 2018-19 election cycle from special interests included but were not limited to:
- Political $81.7 million;
- Real Estate/Construction $19 million;
- Single issue groups $16.4 million;
- Retail/Services (includes electric and gas utilities) $14.2 million;
- Health Care $12.3 million; and
- Law $11.7 million
In the House elections in 2017 candidates spent $43 million. In the Senate elections in 2015 the candidates spent $37 million. So, special interests alone in 2018 and 2019 gave nearly three times as much money as was spent in the immediately previous Virginia Senate and House elections.
The exponential growth of money in Virginia politics must stop. Many of the special interests don’t have a favorite party, just favorite legislative outcomes. Utilities and healthcare interests to name just two give virtually the same amount to Democrats and Republicans. At some level of campaign donations the relationships between lobbyists and some elected officials change. Requests become demands backed by threats. Inputs become lobbyist-written bills.
Virginia is one of only 9 states to have no such limits. The table below shows how the limits on Virginia’s campaign donation limits compare to the limits set by the four states nearest to Virginia in population.
I have never previously considered campaign finance limits a good idea, but as Steve Haner told me, “Freedom abused is lost.” God knows campaign donations are being abused in Virginia. We have to set limits here to restore the public’s faith that their interests are being represented properly and ethically.
I call on the Governor and General Assembly to pass an bill to limit donations when they come back in April or, alternately, for the Governor to call a special session. The legislation is not hard to write. It should not be hard to pass with everyone watching.
Change Legislative Deadlines
Changing the legislative calendar certainly is not as compelling a subject as campaign donation limits, but a useful step I think. I have been watching this for about four years and I think a change can make a difference.
The Division of Legislative Services (DLS) does the legal work in preparing legislation.
The chaos that was the 2020 General Assembly showed that the process of submitting and readying bills for an upcoming session is simply too late in the year.
- Pre-filing began Nov. 18, 2019;
- All requests for drafts of legislation had to be pre-filed to Legislative Services by COB December 5;
- Those drafts were ready by midnight Dec. 30;
- Requests for redrafts and corrections for legislation had to be prefiled to Legislative Services by COB Jan 4. Those were ready Jan. 7; and
- Pre-filing ended at 10:00 AM on Jan 8, the first day of the session.
I don’t think it is radical to suggest that the pre-session calendar be moved 30 days earlier. That would get the process out of the holiday season and give both legislators and the public a chance to assess and comment on pending bills before they hit the House and Senate committee chambers. Perhaps the session can also proceed with somewhat less chaos.
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