Support Vern McKinley for Virginia's 10th District
A while back I mentioned Vern McKinley’s 10th district congressional bid. He’s gathered enough signatures to make it on the ballot for the Republican primary, and is gearing up to fight the Feckless Wonder, congressman Frank Wolf, with whom I am not amused.
If you would like to see Frank Wolf turned out and replaced with a small-government, go-to-hell-I’m-keeping-my-guns Republican, contribute to Vern McKinley for Congress. I just did. Even Dick Heller of Heller vs. DC fame is supporting him.
Results of Local Elections
How well did my picks for the local elections fare? It was a mixed bag.
The State Board of Elections election results page has the details.
In the House of Delegates race, Rust (for whom I did not vote but is the lesser of two evils) won easily against Donahue (for whom I also did not vote).
The Fairfax County Clerk of Court race was very close, but it looks like my man Frey narrowly beat the astonishingly unappealing Evans (given how nasty Evans is, I can only assume the majority of those voting for him were voting for the ‘D’ by his name more than anything else).
The Commonwealth’s Attorney was wasn’t even close; my pick, McDade, lost 43/55. Maybe he should’ve run a grammar check on his campaign website after all…
The charlatan Gerry Connolly held onto the Chairman of Board of Supervisors easily, 59/35 against the Republican challener.
For the Board of Supervisors seat in my district, the incumbent Republican DuBois lost mightily to Foust, 46/53.
Steve Hunt, the iconoclast running for one of three at-large school board seats, came in fourth. Doh.
Not surprisingly, both bond issues passed overwhelmingly, including the school one (against), and the transportation one (for).
Overall the picture is bleak for Republicans in Virginia. I haven’t heard definitively but my sense is Republicans lost the General Assembly. However, there are some bright spots.
In the race of House of Delegates district 34, which is very near my home but not my district, the Republican Davis (wife of US rep Tom Davis) lost handily to Democratic challenger Chap Petersen, 45/54. This would be bad except Davis is what many conservatives would call a RINO, and has an appalling gun rights record, while Petersen is a strong RKBA defender. One assumes his victory in a liberal NoVA district is more due to the ‘D’ by his name than his somewhat conservative politics.
And finally, in the race for State Senate district 37, it appears that incumbent Ken Cuccinelli (R) narrowly beat challenger Janet S. Oleszek (D), 50/49, though I think a recount is in the offing. Cuccinelli is consistently conservative, so it’s horrifying that Oleszek, a candidate who would not give a straight answer to any debate question and whom even the WaPo found unappealing, would get so many votes. Clearly another case of anti-Republican backlash.
All in all, it could be worse, though I expect the bloodbath is not yet over.
Local Elections Tomorrow
Tomorrow is election day for Virginia local political races. There are some dismal prospects on the ballot this year, and no Green Party candidate available for a protest vote, but I’ll be voting nonetheless. The Washington Post has a good overview of the various County-level issues on the ballot.
Senate
In the Virginia state Senate district 32, the incument Janet Howell (D) is running unopposed. This is unfortunate, because I would vote for an empty chair if she was the alternative. She’s a strident supporter of gun control at the state level, and a left-leaning Democrat on most other issues. That she can run unopposed in my senate district tells you much about the nature of the district.
House of Delegates
In the Virginia House of Delegates district 86, the incumbent Tom “Abusive Driver Fees” Rust (R) is defending his seat against Jay P. Donahue (D). Donahue is a liberal with a weak record on fighting illegal immigration and I don’t trust him with guns or taxes either, but at the same time I will not vote for the House of Delegates architect of our much-maligned and extra-constitutional “abuser fees”, ol’ Tommy Rust. He’s always been a waffler anyway, though it’s >unfortunate I have to withhold support for a candidate who has generally voted correctly on VA gun rights issues. Why isn’t there a third-party candidate to soak up all the protest votes? I have no idea.
Member, Board of Supervisors
For the Fairfax County Board of Supervisors for the Dranesville District, I can choose between the incumbent Joan DuBois (R) and challenger John Foust (D). Reading Joan DuBois’s website, I see some good things. From her website:
- Reduced the property tax rate by 27%! (from $1.23 per $100 of assessed value in 2003 to $0.89 per $100 of assessed value today) [Good! -an]
- Taken steps to provide our senior citizens with tax relief [Why? The poor ones already have tax relief and the rich ones don't need one unless we all get it -an]
- Voted to eliminate Fairfax County’s auto decals [Amen! -an]
- Improved teacher salaries [Boo! -an]
- Expanded access to all-day kindergarten [Don't care -an]
- Voted to approve greater funding for school construction [How about vouchers instead? -an]
- Funded after school programs in all of the County’s middle schools [I'm so glad I pay taxes -an]
- Supported anti-gang initiatives that combats gang recruitment in our school system [Are they effective or just good PR? -an]
- Implementing the federal 287(g) program which will allow local law enforcement to process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity [About damn time! -an]
- Giving our zoning enforcement officers the tools, resources and legal support to confront illegal boarding houses [Yay! -an]
- Working to further increase the penalties for illegal boarding houses [Is the death penalty still off the table? -an]
On the whole she seems okay. What about Foust?
- Unlike his opponent, John strongly supports the Tysons Tunnel. He believes the tunnel can be less costly than an elevated rail, that it will cause less congestion through Tysons and surrounding neighborhoods during construction, and that it will enhance our ability to make Tysons a livable and walkable community. [DuBois says she supports the Tysons Tunnel too, so I guess it's a question of "strongly" or not. I hate boondoggle public transpo schemes and thus oppose it, but I'm one of three NoVa residents who feel that way -an]
- John recognizes the importance of a strong and growing economy. But he also knows we must do a better job of anticipating and providing for the traffic and other impacts that accompany growth. He will not allow the Dulles rail project to become a developer’s excuse for excessive high density growth around Metro stations before adequate public facilities are in place to serve that growth. [sounds fine, but smacks of "smart growth" and "new urbanism" bullshit -an]
- John is committed to providing our children with the opportunity to earn a first class education. He will make sure our public schools continue to recruit and retain highly qualified and committed teachers. He will work to ensure our schools have the facilities and other resources needed to carry out their mission and serve our diverse student population. [Please, God, someone run on a "close the schools" platform! -an]
- John will be an advocate for policies that reduce greenhouse gasses, protect trees from development, improve our streams, and expand parks and open spaces. [um, no -an]
- John will work to relieve the tax burden on homeowners by controlling costs and diversifying County revenues. He will ensure that critical programs and services are adequately funded and he will demand accountability to ensure they are delivered in the most cost effective way. ['diversifying revenues' sounds disturbingly like politician-speak for 'tax some other shit' I'll pass -an]
So, I’m going with DuBois on this one, as the lesser of two evils.
Chairman, Board of Supervisors
The incumbent Chairman is Gerald E. “Gerry” Connolly (D). Challengers are Gary H. Baise (R) and Glenda Gail Parker(I). First let’s look at Connolly:
- Gerry is a national leader in the fight to stop global warming and protect our environment. Locally, he developed the first 20-year environmental plan in Fairfax County history and is actively working to reverse the bad environmental practices of the past. [All while ignoring the very real threat of manbearpig -an]
- Expanded access to all-day kindergarten
- Started an early childhood learning initiative
- Increased funding for school construction
- Improved teacher salaries
- Started an anti-gang initiative that has reduced gang membership by half in our schools [I seem to recall reading this list somewhere before.... -an]
- Gerry Connolly knows that the first step in fighting crime is to prevent it. Last year, the crime rate in Fairfax County hit a 32-year low and, among the 50 largest jurisdictions, was the lowest in the nation. Our violent crime rate is half that of our neighboring jurisdictions. [Hard to take credit for such a complex phenomenon but it's not points against him either -an]
- Gerry Connolly believes that we must diversify our tax base to reduce the burden on homeowners. While most other jurisdictions in Northern Virginia raised property taxes this year, Fairfax County did not. [Sounds well and good, but Fairfax County tax revenues are going to plummet in '08 due to the housing downturn. Cutting spending is the correct response, not finding someone else to soak -an]
- Gerry realizes that we face a congestion crisis in Northern Virginia and he’s working to provide real solutions. His approach to transportation involves increasing transportation choices and changing the way we plan for development. [There's not a politician in NoVa who opposes boondoggle public transportation schemes, so while this is points against Gerry, it's points against everyone else too -an]
- Dedicated one penny of the county’s real estate tax to affordable housing [Eek! -an]
- Set and surpassed a goal to preserve 1000 affordable housing units, ultimately preserving 1300 units [Umm.. -an]
- Received an award from AHOME (Affordable Housing Opportunity Means Everyone) for his leadership, courage and innovation in preserving affordable housing [Who doesn't want housing to be affordable. That's not the issue. The issue is gov't meddling. Gerry just lost my vote -an]
On to Gary Baise:
- Gary Baise favors creating a transportation bond to provide monies for important county transportation programs and infrastructure upgrades such as finishing the Fairfax County Parkway. As Fairfax County Chairman, Gerry Connolly approved a large-scale development plan in tysons corner without including any new road expansions. as a result, construction for the project could significantly disrupt travel on route 123 and route 7-making the commute for approximately 100,000 local drivers longer and more burdensome” [As much as I hate traffic, gov't control of who builds what where leaves a worse taste in my mouth -an]
- Since Gerry Connolly was elected Fairfax County Chairman, the average homeowner has seen their property tax bill nearly double. Gary Baise will stop the County Government’s endless appetite for more of your tax money by auditing the $6 billion county budget, putting all county contracts and grants on the Internet for the public, appointing a blue ribbon panel to recommend cost savings, and will hire an independent Ethics Officer to end self dealing and conflicts of interest from County Supervisors, their top officials, developers and contractors. [That's a little disingenuous since property values have nearly doubled, but I'll give him a "hell yeah" on the audit and disclosure stuff]
- With the national immigration reforms failing, Gary Baise supports immediate enforcement of local measures already on the books including housing code and parking nuisance enforcement to end illegal activities from people in the country illegally and restore a quality of life for law-abiding residents. Gary Baise is a big supporter of LEGAL immigration that brings talented people to fill necessary jobs in the county, but ILLEGAL immigrants should be DEPORTED whenever they are convicted of a crime, not REWARDED by using our tax money to attend Fairfax schools. [Amen! -an]
- As Fairfax County chairman, Gerry Connolly has taken thousands of campaign dollars from large-scale developers then supported measures allowing developers to build high rise complexes, offices and stores near metro stations-destroying the character of suburban Fairfax. Gary Baise has refused to take money from developers doing business in Fairfax, so that he can stand up to them and allow our roads and other infrastructure to catch up with the overdevelopment encouraged by Gerry Connolly. Gary Baise supports immediate measures to protect the environment and reduce our health risks from unclean air and water by reducing the number of county vehicles on the road, upgrading water polluting storm drains, increase street sweeping, replace energy wasting street lighting, and require developers to increase the tree canopy in by at least 10%. [You had me until the tree canopy thing. Clearly another statist -an]
How about Glenda Gail Parker:
Well, you may remember during the ‘06 US Senate race in which Webb ran against incumbent Allen in a very close race, a nut-job third party candidate ‘Gail for Rail’ snagged some single-digit percentage of votes, mostly from Webb. There was some consternation amongst the left-wing blogs as to what punishment would be suitable for spoiling the Dem’s first shot at retaking the Senate in quite some time. As it happens, Webb won anyway and Gail was spared the firing squad. Apparently she’s back and running for Chairman of the BoS.
Her moniker is not misplaced. If you can stand to read her website, she seems to be framing all issues in terms of rail. Also, someone please tell her the picture of a gray-haired lady in a Air Force Major’s uniform is not exactly exuding authority.
I’m going to have to hold my nose and go with Baise on this one.
Clerk of the Court (don’t laugh)
I know, you probably didn’t even know Clerk of the Court was an elected position. I will say I’ve had one encounter with the Clerk of the Court’s office, and that was in dropping off my CHP application. I found the office to be well-run, efficient, and polite (this last one being very unexpected for a government office). Other gun owners who have dealt with the CHP desk and the Deputy Clerk responsible for it have had only good things to say. So the incumbent, John T. Frey, has the benefit of the doubt to start with.
I had trouble finding Frey’s site, but I did turn up this announcement of Frey’s naming as the 2006 Public Official of the Year by the National Association of County Recorders, Election Officials and Clerks (NACRC). Among the cited list of accomplishments are all good-sounding things, mostly having to do with automation and electric filing/remote access stuff for court documents.
Once I found Frey’s site, he offered this:
First off, for a guy who drove the modernization of the Court’s records systems, his website is pretty retrograde. A link titled “Setting the Record Straight” links to a Word document (yes, Word) that rebuts some claims made by his opponent (below). It’s not clear what about the ‘Save as HTML’ feature in Word he finds so distasteful, but it seems superficial to vote against a guy for failure to properly utilize technology on his campaign website.
Anyway, to spare you the effort of downloading a Word doc, here are some snippets:
Mr. Evans is using his “experience” as a member of the Board of Commissioners in Genesee County (Flint), Michigan, 25 years ago, as a major reason to be elected as the Fairfax Circuit Court Clerk.
The first year Mr. Evans was on the Board of Commissioners, he ran for Chairman and Vice Chairman, at the same time. When it became evident that his fellow board members would not elect him as Chairman, he dropped that effort and was elected Vice-Chairman. Four months later, the Chairman stepped down from the Board to take a full time job (as in Fairfax, the Board of Commissioners was a part time job). Under the bylaws of the board, the Vice-Chairman automatically became the Chairman for the remainder of the unexpired term of his predecessor.
What is interesting is that the Flint Journal newspaper reported in April, 1981, that some of his fellow board members wanted to change the bylaws to prevent him from becoming Chairman.
When the Chairman’s position came up for election again a year later, he was elected for a one year term. However, even after being elected by his fellow board members as Chairman, the Flint Journal reported in an article dated January 6, 1982, that Mr. Evans acknowledged that he limited the committee assignments of those who opposed him the year before when he first ran for Chairman. The article went on to report that Mr. Evans said: “those who didn’t support him shouldn’t expect much.” Again, in the same article, one of his fellow board members, Nancy Gadola, was quoted as saying: “Evans is a diabolical liar. He reneged on those committee assignments and didn’t have the decency to tell me he was going to renege. I have been told by members of his own party that you can’t trust him….” (Emphasis added.)
…
Sometime in the late 80’s to early 90’s, Mr. Evans moved to Virginia. He says he has been a realtor all this time. That isn’t really accurate, either. You see, Mr. Evans fails to tell you, he was a lobbyist for the smokeless tobacco industry. He also fails to tell you that he was a partner in the Public Relations firm of Webber Merrill Evans. Maybe he doesn’t mention his time as a partner in Webber Merrill Evans because he lasted as a partner for less than a year and a half.
Another (GRR! Word) document addresses Evans’ claims below about identity theft:
Mr. Evans does not know or fails to tell you that the Fairfax Circuit Court Clerk’s office has been SAFELY providing SECURE remote access to our land records for over 21 years. In those 21 years, 16 of which I have been Clerk, I am unaware of anyone having their identity stolen by a Subscriber to our SECURE remote access system!
Mr. Evans does not know or fails to tell you that I was a member of the statewide workgroup which drafted legislation adopted, but not funded, by the General Assembly this year which clarifies the Clerk’s authority to redact Social Security Numbers from documents available by Secure Remote Access. In fact, I have set aside over $400,000 to begin the redaction of those social security numbers as soon as a contract can be awarded.
Mr. Evans does not know or fails to tell you that several years ago, a number of Clerks down state began posting their court records on the Internet (UNSECURED) for anyone in the world to view, for free. This rightfully caused concern among citizens and the General Assembly. When the General Assembly addressed this issue, they adopted the Fairfax Circuit Court Clerk’s Model for SECURE remote access!
Mr. Evans does not know or fails to tell you, that providing SECURE remote access is NOT optional. THE GENERAL ASSEMBLY HAS MANDATED that every Clerk’s office in the Commonwealth of Virginia provide SECURE remote access to their land records by July 1, 2008. Section 17.1-279(D) (3) of the Code of Virginia.
Mr. Evans does not know or fails to tell you, COURT RECORDS ARE PUBLIC RECORDS! “Except as otherwise provided by law, any records and papers of every circuit court SHALL be open to inspection by any person….” Section 17.1-208 of the Code of Virginia. Emphasis added.
Dale Evans, the Democratic challenger, has this to say:
Protecting Your Family’s Security and Privacy
The Fairfax County Clerk of the Circuit Court is responsible for the safeguarding of our citizens’ personal information. Names, addresses and social security numbers are maintained in our County database.
Many of the citizens I talk to are shocked to hear that for only $25.00 a month, anybody – from insurance companies to private citizens – can gain access to that information. The Clerk of Court’s office is actively selling your personal information.
I will put a stop to this intolerable practice by the end of my first day in office. County employees should safeguard the privacy of our citizens… not sell it off without even bothering to screen potential subscribers.
Working Hard for the Citizens of Fairfax County
The Fairfax County Clerk of Court’s office currently closes at 4:00 pm every day. That’s a half-hour before most other county offices and at least a full hour before most employees are able to leave work.
The Clerk of the Court is a full-time position, but for years my opponent has treated it as a part-time office. Reports are that he rarely shows up for work at all.
Citizens in Fairfax work hard. You deserve a full-time Clerk of the Court who will work just as hard to serve you, the taxpayer. I am committed to improving efficiency in the Clerk’s office while getting more from your tax dollars.
There’s pretty much no way I’m voting for Evans. Frey wins.
Commonwealth Attorney
There’s no incumbent for this office. Candidates are Patrick A. McDade (R) Raymond F. Morrogh (D).
Let’s start with McDade since I found his website first:
Currently 72% of felonies are being dropped to misdemeanors or dismissed. This is the worst prosecution rate in the entire state by more than 20%!
Change is needed!
Despite a surplus of funds available from the Commonwealth, the County, and through federal grants, the my opponent’s administration has kept the Fairfax Commonwealth’s Attorney’s Office drastically understaffed. According to the 2005 Virginia Crime Report assembled for the Supreme Court of Virginia, there were 33673 Category A Crimes* in Fairfax. It is impossible for Fairfax to effectively deal with that volume of crime with only 21 prosecutors in the office. In contrast, Norfolk has 41 prosecutors with less than 2/3 of the crime and less than 1/4 of the population.
My opponent’s woeful understaffing and mismanagement results in prosecutors regularly showing up for court without a case file and never having spoken to the victims or the witnesses in a case. Because of this, they consistently plea-bargain away solid cases that could have been tried successfully with proper staffing, management and preparation.
McDade has poor attention to detail when it comes to proofreading his site, but I’m all for more vigorous prosecution of felons.
Morrogh:
The mission of the Commonwealth’s Attorney’s office is to seek a just society through the decisions we make everyday for the welfare of people. The first duty of the Commonwealth’s Attorney is to be a good lawyer. This is not a politician’s job, but a lawyer’s job.
The priority of the Fairfax County Commonwealth’s Attorney’s office is to effectively prosecute serious crimes, including:
- Violent offenses, such as murder, rape, robbery and abduction
- Gang violence
- Crimes against children
- Drug offenses
- Drunk driving
- Internet crimes
I know of no job that calls for wisdom so often at such a high price for everyone else. It is not really the high-profile cases that drive this office, but thousands of decisions a year made by our prosecutors who must have other people’s interests at heart, especially the victims of crime.
Hmm. So on the one hand McDade offers us sloppy writing, and Morrogh offers us happy-sounding platitudes. He doesn’t address McDade’s complaint about prosecution rates. I’m going with McDade.
Soil and Water Conservation Director Northern Virginia
There are three seats for this office, and four candidates. I’m ashamed to say this but it’s really hard to care about a position like this.
The Washington Post has a summary of this race. None of the candidates have web sites and none of their backgrounds jump out as obviously good or bad. I believe a responsible citizen should vote his/her conscience, but only when they have one. I don’t know anything about these people and can’t find anything about them, so I won’t vote for any of them.
School Board At Large
The School Board seat for my district is not contested and I won’t vote for the incumbent because, well, she sits on the school board.
There are three at-large seats available, and eight candidates.
I had the pleasure of hearing Steve Hunt, one of the incumbents, speak a few years ago, and find his politics most closely resembling mine (as close as a member of a public school board can, I suppose), so I’ll definitely support him.
Having reviewed the web sites of the rest of the candidates, I find no reason to vote for any of them.
Bond Issues
Schools
Shall the Board of Supervisors of Fairfax County, Virginia, contract a debt, borrow money and issue bonds of Fairfax County, Virginia, in the maximum aggregate principal amount of $365,200,000, for the purposes of providing up to $315,200,000, in addition to funds from school bonds previously authorized and any other available funds, to finance the costs of additional capital improvements, including acquiring, building, expanding and renovating properties, including new sites, new buildings or additions, renovations and improvements to existing buildings and furnishings and equipment, for the Fairfax County public school system and providing up to $50,000,000, in addition to any other available funds, to finance the cost of expanding, renovating, improving, furnishing and equipping facilities for the repair and other servicing of school busses, school vehicles and other County vehicles?
This is guaranteed to pass, unfortunately, but that doesn’t mean I won’t vote “Hell NO”
Transportation
Shall the Board of Supervisors of Fairfax County, Virginia, contract a debt, borrow money and issue bonds of Fairfax County, Virginia, in the maximum aggregate principal amount of $110,000,000 for the purpose of providing funds for the cost of constructing, reconstructing, and improving and acquiring transportation improvements, including improvements to primary and secondary State highways, off-street parking, pedestrian improvements, and ancillary related improvements and facilities, and including capital costs of necessary land, transit facilities, rolling stock and equipment in the Washington metropolitan area allocable to the County pursuant to the provisions of the Washington Metropolitan Area Transit Authority Compact?
This is also guaranteed to pass, but in this case I think the County making capital investments in its transportation infrastructure is an appropriate use of local government power, so I’m voting “Well, alright”.
Conclusion
Well, there you have it. For most of the above races, it comes down to Giant Douche vs. Turd sandwich, or in some cases, Giant Douche running unopposed.
Today's Episode of WTF Is Wrong W/ Virginia
I’m beginning to wonder how much longer I can claim to live in VA due to its greater respect for individual liberty over the relatively less free Maryland. It’s not enough that we have a governor who’s horrified that private citizens can have more than a box of ammo without registering with the state. It’s not enough that our feckless General Assembly passes tax hike after tax hike despite an enormous $2 billion budget surplus. It’s not even enough that my own town of Herndon establishes a haven for illegal day laborers. Now we have these goddamn ‘abuser fees’, which are both bad policy and a study in microcosm of just how fucking clueless our political class is.
I’m ashamed to say that my very own Delegate, Tom Rust(R-Herndon) takes some measure of the credit for this latest revenue redistribution scheme. But I digress.
You must understand that here in NoVA, land of shit traffic and do-nothing pols, transportation is a huge issue. In fact, you would almost do better to defend your latest nanny-state power-grab with “It’s for the transportation” than the more conventional “for the children”. Given that background, just imagine the thought process in those teeny little politician brains…
“Every day millions of people spend hours on Virginia roadways stuck in traffic cursing the government for shit infrastructure. Just imagine how many votes I could get if they think I’m doing something about it!
“Of course, like any problem calling out for a government solution, more money is needed. We can’t take it from our bloated education coffers, because no one takes money from the ed budget and lives to tell about it. We can’t raise taxes, because we already raised taxes twice and voters don’t seem to like it. We can’t issue bonds without a referendum, and that takes too long and diffuses the credit. What to do? Why not…raise traffic fines!
“Brilliant! Everybody hates speeders and aggressive drivers, and they’re using the roads so they should have to pay more. Speeding: $1000. Following too closely: $1500. Driving in an HOV lane illegally: death (and $2000).
“What’s that? Are you fucking kidding me!? The VA Constitution requires traffic fines go to the Literary Fund!? SHIT! Can’t we amend the constitution? No, that’ll take too long.
“I know! We won’t raise the traffic fines. We’ll add fees on top of the fines! The Constitution doesn’t say anything about fees! We’ll call them…’Abuser Fees’. They’ll be thousands of dollars, and we can use the money for whatever the fuck we want to. Brilliant.
“Of course, we’ve no way to collect ‘fees’ from out-of-state drivers, but that’s ok. Hell, most traffic violations in VA are committed by VA residents, so we’re not leaving that much money on the table anyway.
“Man, this is a great idea. We’re fixing transporation, and without raising taxes. Voters are gonna love this.”
And the rest, as they say, is history. Our House of Delegates, Senate, and Governor are all sufficiently clueless and/or stupid as to believe that this sort of scheme 1) makes sense, 2) helps fix the gridlock problem, and 3) won’t result in anger and ridicule from all quarters.
The problems with this are manifold. The greatest in my mind is that it’s undermining the clear intent of the VA Constitution, which reads:
The General Assembly shall set apart as a permanent and perpetual school fund the present Literary Fund; the proceeds of…all fines collected for offenses committed against the Commonwealth…
Now, I find it hard to believe that the authors of this section intended for a future General Assembly to call a ‘fine’ a ‘fee’ and thereby escape this constitutional requirement. Perhaps we can torture prisoners, call it ‘rehabilitation’, and escape the ‘cruel and unusual punishment’ proscription in the US constitution? Maybe we can call a ’search’ a ’safety review’, so our police can enter any home and search any person at will? I think not.
The second problem I see with this policy is that it’s an insult to the voters’ intelligence. “Don’t worry”, we’re assured, “it’s not a tax increase. We know how much you hate those. It just means that some people will have to give the government alot of money if they want to avoid going to jail.” But it’s not a tax!
Third, it appears no one has considered what will actually happen when this hair-brained scheme is implemented. I imagine that, to the extent the politicians who voted for this thought about it at all, they imagined a rich white yuppy fuck in a shiny new beemer, made to pay his debt to society to help reduce traffic for the rest of us.
Of course, as with any government revenue redistribution scheme, it won’t work out that way in reality. What happens when a poor single mother gets pulled over for ‘aggressive driving’ on her way to work, and gets slammed with a $2k ‘fee’? When she can’t pay it, her license will be suspended. She’ll still drive, of course, else her family won’t eat. What happens when she gets pulled over with a suspended license? Jail time? How much credit will ol’ Tommy Rust take when that happens?
Which leads me to the fourth problem I see w/ this scheme. The ‘abuser fees’ are assessed to those guilty of ‘reckless driving’. Sounds fair enough; people abusing the roads with reckless driving. Only it’s not what you think. From an letter I received from Del. Rust defensing his scheme, here are some of the things that can land you a huge fee:
- Criminal traffic offenses (yes, there is such a thing), like:
- driving while intoxicated (bad)
- vehicular manslaughter (also bad)
- eluding the police (not recommended)
- passing a stopped school bus (uhh…kind of a dick move, but ‘criminal’!?)
- ‘Reckless’ driving offenses:
- traveling 20mph or more over the posted speed limit (you, asshole, doing 75mph on the toll road, bend over!)
- street racing (uhh…)
- passing a school bus that is loading or unloading students (this one again)
- failure to use a turn signal (seriously!?)
Stupidity of ‘abuser fees’ aside, I think we can all agree that vehicular manslaughter is not a socially productive activity, and ought to be discouraged. However, note that it’s on the same list of Bad Things as traveling 20MPH over the speed limit (sounds bad, but here in VA major arteries are posted 55MPH, and going 20MPH over that is quite common), and ‘failure to use a turn signal’.
Not to fear, though. Rust assures us
This violation is not usually ticketed as reckless unless you also commit another offense or are involved in an accident. Although I make it a habit to use my turn signal, I will not worry that a police officer is waiting to give me a reckless driving citation if I simply forget to make a lane change without it.
I swear, that’s a direct quote from his email. We shouldn’t be bothered that the Commonwealth of Virginia, under his law, will soak us for thousands of dollars for failure to use a turn signal, because he doesn’t think a police officer would charge that offense!? Coz cops never do things like that.
Finally, the fees are unfair. I mean, manifestly unfair. If a Marylander or a New Yorker or a Californian commits any of the above infractions, they pay no ‘fees’. When asked about this, Rust provides the following:
Out-of-state residents are unfortunately not subject to the abuser fee, because of an unavoidable constitutional conflict. I want to be able to make out-of-state residents subject to these same fees, and I have not given up on finding a creative way to do it.
Not surprisingly, his fix is to find a ‘creative’ (read: extra-constitutional) way to grab that additional revenue as well. In the mean time, the Equal Protection clause of the US Constitution apparently doesn’t apply here.
This, ladies and gentlemen, is WTF is wrong with Virginia. Our politicians are shallow, feckless, vain, and fuckwitted. What’s worse, they seem to be operating under the assumption that their shit doesn’t stink, tragically ignorant of their own absurdity. It would be amusing if they weren’t in charge.
The General Assembly has been in need of a Purge for quite some time; maybe this embarrassing incident will help it along.