Arlington County Board member John Vihstadt is calling for tougher gift restrictions for county employees and officials. In the wake of former Virginia governor Bob McDonnell and his wife being convicted on corruption charges, Vihstadt hopes to place a $100 yearly limit on gifts from any source.

The current Code of Ethics states officials should ensure gifts are not received in exchange for official acts and officials may not accept gifts from individuals with whom the official does business. Vihstadt, running for reelection, argues the current code only described principles of conduct rather than definite rules preventing unethical influence on public officials.

Governor Terry McAuliffe declared a special election will take place on November 4, 2014 to fill the seat vacated by Representative Eric Cantor.

Representative Cantor, who lost the Republican primary election on June 10, recently announced that he would resign from Congress effective August 18.

Cantor has been the representative from Virginia’s 7th District for the last seven terms.

Photo of Gov. Terry McAuliffe by Kate Wellington on Wikimedia Commons.

On June 20, Virginia Gov. Terry McAuliffe signed the state’s two-year budget with a series of line-item vetoes. With plans to introduce stronger ethics reform legislation in next year’s General Assembly session, he vetoed all funding for the Virginia Conflicts of Interest and Ethics Advisory Council.

The council, established to oversee state ethics provisions related to lobbying, gifts, and conflicts of interest, is a product of the recent omnibus ethics reform bill signed by the governor in April.

Lawmakers needed two-thirds of the votes in each legislative body to override the veto; the House overrode the veto on Monday but the closely divided Senate lacked enough votes to follow suit. The veto of funding for the ethics commission was sustained.

Photo of Gov. McAuliffe courtesy of Kate Wellington on Wikimedia Commons.

House Majority Leader Eric Cantor suffered a bruising primary defeat by tea party challenger Dave Brat on June 10.

Strategists say Cantor’s 11 percentage point loss was due to a lack of field effort, fueled by overconfidence in his path to victory. Many Republicans felt Cantor had become too removed from his district, mired in Washington infighting and too focused on the national stage.

According to historians, no House leader of Cantor’s rank has ever been defeated in a primary.

Gov. Terry McAuliffe has vetoed two bills unanimously passed by the legislature designed to restrict his ability to solicit gifts and campaign contributions. The identical bills would have prevented the governor, his campaign committee, and any PAC established on his behalf from soliciting or accepting gifts or contributions exceeding $50 from any person or entity seeking loans or grants from the Governor’s Development Opportunity Fund.

The governor sent the bills back with amendments extending the rules to members of the General Assembly, but both houses rejected the amendments to their bills.

The governor argued the restrictions should extend to the General Assembly because, although he awards loans and grants from the fund, the money is appropriated by the General Assembly. Legislators responded it would be impractical to include them in the bills, because they are not privy to such high-level economic development talks or information about the parties involved.

Photo of Gov. Terry McAuliffe courtesy of Kate Wellington on Wikimedia Commons.

Virginia Gov. Terry McAuliffe has submitted technical changes to the General Assembly on the major ethics legislation passed this session, including a change to the effective date of the legislation.

The legislation enacts a limit on gifts from lobbyists and principals and increases the frequency for lobbyist filings.

The changes must be approved by the House and Senate before the legislation takes effect.

Photo of Gov. Terry McAuliffe courtesy of Kate Wellington in Wikimedia Commons.

The Virginia State Board of Elections is seeking public comment on a proposed change to its campaign finance filing deadline. The Board is proposing moving the deadline for electronic filing from 5:00 p.m. on the due date to 11:59 p.m. on the due date.

The change was proposed by Board Chairman Charles Judd, who said backup in online traffic shortly before the deadline could result in late filings, and the 5:00 p.m. deadline was based on a close-of-business mindset prior to the existence of electronic filing.

The Board will accept public comments through March 26, 2014, and may be submitted at http://www.sbe.virginia.gov/.

The Virginia General Assembly adjourned sine die on Saturday, March 8, 2014. The session ended without a state budget, the result of a standoff on whether to expand the state’s Medicaid program. Governor Terry McAuliffe announced he would call legislators back for a special session to begin March 24.

Before adjourning, the General Assembly passed significant ethics reform, limiting gifts from lobbyists, principals, and persons seeking to do business with the state to $250. The legislation also created the Virginia Conflict of Interest and Ethics Advisory Council, tasked with receiving disclosure forms from legislators and lobbyists and enforcing the newly-created ethics laws.

A new semiannual lobbyist reporting schedule will take effect July 1, 2015, with the first report filed under the new framework due December 15, 2015. The new filing schedule does not affect the annual report due July 1, 2014. The final bill awaits signature by Gov. McAuliffe.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

Virginia’s lack of gift laws has been thrown into the spotlight recently with the federal indictment of former Gov. Bob McDonnell. McDonnell became embroiled in scandal after accepting gifts worth thousands of dollars from Star Scientific CEO Jonnie Williams. While state law required all gifts of more than $50 to be disclosed, there was no limit on what a public official could accept from any donor. Williams also gave gifts to McDonnell’s wife and daughters; these gifts went undisclosed because state law does not require gifts to officials’ family members to be disclosed.

The national attention on Virginia has turned the tide in favor of ethics reform. Several ethics bills filed before the session convened on January 8 have now been incorporated into Senate Bill 649. This comprehensive bill prohibits gifts of more than $250 from lobbyists, requires reporting of gifts to immediate family members, changes lobbyist reporting from annual to semiannual, and establishes the Virginia Conflict of Interest and Ethics Advisory Council, a newly created legislative agency tasked with facilitating compliance with the state’s ethics laws. The bill passed the Senate on February 10 and the House of Delegates with a substitution and amendments on February 26, but the Senate rejected the House’s amended bill on February 28.

While it remains to be seen whether the General Assembly will pass ethics reform before it adjourns on March 8, newly sworn-in Gov. Terry McAuliffe took swift action to ensure his administration would not face the same ethical issues as McDonnell’s had. On his first day as governor, McAuliffe signed Executive Order 2, which prohibits the acceptance of gifts in the executive branch exceeding $100 per calendar year. The order became effective immediately upon his signature. Gifts from lobbyists and principals are now restricted to $25. The order does allow for some exceptions, such as excluding items of $25 or less from the definition of gift. It also allows the receipt of certain items while engaging in an activity serving a legitimate public purpose, such as food and refreshments served at certain events.

Comprehensive ethics reform has advanced through the House of Delegates. Senate Bill 649 was passed by the House on February 26 with a committee substitute.

The passed bill included an amendment prohibiting the governor and attorney general from accepting tangible gifts from representatives of companies engaged in litigation with the state. The amendment stems from former Attorney General Ken Cuccinelli’s acceptance of Thanksgiving dinner from Star Scientific CEO Jonnie Williams, and is designed to prohibit such conduct.

The Senate bill and a similar House proposal will likely be worked into one broad ethics proposal in conference committee before heading to Governor Terry McAuliffe for his signature.

Photo of the Virginia Capitol Rotunda courtesy of Albert Herring on Wikimedia Commons.

Terry McAuliffe was sworn in as Governor of Virginia this weekend, and already he is making ethics a priority for his administration. Executive Order 2 establishes a gift limit for all executive branch officials and employees, prohibiting acceptance of gifts exceeding $100 per calendar year. Gifts from lobbyists and principals are restricted to $25.

The order does allow for some exceptions, such as excluding items of $25 or less from the definition of gift, and allowing for receipt of certain items while engaging in an activity serving a legitimate public purpose, such as food and refreshments served at certain events.

These restrictions became effective upon his signature on January 11, 2014.

The full text of Executive Order 2 can be viewed here.

Photo of Gov. Terry McAuliffe by Edward Kimmel on Wikimedia Commons.

The Virginia General Assembly may be taking steps toward substantive ethics reform in its upcoming session. Ethics bills have already been prefiled in anticipation of the session’s start on January 8, most notably Senate Bill 274, limiting gifts to officers and employees of the state and local governments to $100 per calendar year, and requiring disclosure of gifts to immediate family members.

Virginia does not currently limit the amount of gifts officials and employees may receive, and many called for reform after Gov. Bob McDonnell became embroiled in scandal after accepting thousands of dollars worth of gifts from Star Scientific CEO Jonnie Williams. Williams had also made gifts to McDonnell’s wife and daughters, prompting the addition of disclosure requirements to immediate family members.

Photo of the Virginia Capitol courtesy of Varmin on Wikimedia Commons.

The inauguration for Virginia Governor-Elect Terry McAuliffe will be held Saturday, January 11, 2014 in Capitol Square in Richmond Virginia. The day will begin with a prayer breakfast, followed by the inauguration ceremony, parade, executive mansion open house, and the Richmond Inaugural Ball. More information is available at http://www.inauguration2014.com/.

Virginia does not place any limits on the source or amount of political contributions or gifts, including to inaugural committees. Contributions to inaugural committees are not required to be reported on lobbying reports.

Photo of Virginia Governor-Elect Terry McAuliffe courtesy of Edward Kimmel on Wikimedia Commons.

Another Virginia special election has been scheduled for January 7, 2014.

The seat in Senate District 6 will be vacated when Sen. Ralph Northam becomes lieutenant governor.