Commentary: Election Day Earthquake Brings Possible Policy Shifts

Commentary: Election Day Earthquake Brings Possible Policy Shifts

Election Day was an electoral earthquake in Virginia politics. Fourteen seats in the House of Delegates switched from Republican to Democratic members — the largest switch since 1899. Two have not yet been certified due to irregularities and three are heading to recounts. We do not know if any party will control the House and probably will not know until late in the day on the first day of session after the dust has settled.

While the new situation in the House of Delegates will create some uncertainty over the next 50 days, it will create some opportunities in Virginia public policy, but not a wholesale change of direction. The Senate of Virginia is still controlled by the Republican Party and most major committees have significant partisan majorities.

Notwithstanding, I am hopeful that in the short-term, we might see some changes in three areas: Medicaid Expansion, Criminal Justice Reform, and Nonpartisan Redistricting.


First, Virginia has foregone billions of dollars over the last several years due to our failure to expand Medicaid. In addition to billions of dollars, we have 30,000 new jobs per year and approximately $200 million per year in savings to Virginia taxpayers.

Today, nearly 36,000 residents of the 36th District receive their healthcare from Medicaid, including 24,000 children. This means there are likely over 20,000 adults right here within minutes of your home who would received healthcare if Virginia had taken action.

The new margins in the House of Delegates make movement much more likely, but not without some changes in our existing program. In 1985, Medicaid consumed 6 percent of Virginia’s General Fund Budget — today, that number has grown to 23 percent and that is before the coming tsunami of baby boomer retirement home admissions. We need to bend the Medicaid cost curve, but I am hopeful that we are nearing the end of irrationally refusing federal help to get healthcare to hundreds of thousands of needy Virginians.


Second, Virginia’s residents and jails continue to be burdened by an overly punitive criminal justice system which over felonizes conduct and clings on to antiquated trial practices. Virginia’s $200 threshold between misdemeanors and felonies is the lowest in the United States of America and has not been adjusted since 1981. I will introduce legislation to raise this to $500 and remain the lowest in the United States for the ninth time. Similar legislation has passed the Senate and died in the House five times. Hopefully, no longer.

Also, accused persons in Virginia have extremely limited discovery rights in criminal trials. Legislation to bring Virginia’s criminal discovery rules up to modern standards has also passed the Senate and died in the House. This year should be different.


Third, the close margins in the Senate and House of Delegates may finally make it possible to move nonpartisan redistricting legislation through the General Assembly. Computer enabled partisan redistricting lies at the root of many political problems in our country. Non-partisan redistricting constitutional amendments have passed the State Senate twice, but normally die in committee in the House. I am hopeful that the new situation in Richmond will move the discussion forward.

I am putting together the 36th District legislative agenda over the next month. Please send me your legislative ideas and feedback on structuring our $100 billion budget over the next two years.

It is an honor to serve as your state senator. Please contact me at if you have any thoughts.