Reviving the Debate Over Tax Referendums

Four years ago, a central issue in the campaign for governor was whether Northern Virginians should be allowed to vote on a sales tax increase to fund transportation projects.

Mark R. Warner , the Democratic candidate, used the idea of regional tax votes as a way to avoid committing to a tax increase while also signaling to frustrated commuters that he would do something to alleviate traffic. Republican Mark L. Earley said no to tax votes, calling them nothing more than tax increases. They clashed in debates, on the stump and in ads.

It was referendum politics, and you're about to hear a lot more about it.

The leading candidates to succeed Warner are grappling over whether, when and how the public ought to play a role in voting on tax increases.

This time, it's the leading Republican -- former attorney general Jerry W. Kilgore -- who is sounding the clarion call for public votes. He is pushing for a constitutional amendment that would require a statewide referendum before any tax increase could take effect. And, like Warner, he says that the best way to solve road problems is to allow regions to vote on tax increases.

The Democrat, Lt. Gov. Timothy M. Kaine , says he opposes the proposal for statewide referendums, calling them a cop-out. But he said he could accept regional referendums as part of the answer to dealing with traffic problems in some parts of the state.

Both of their positions are interesting. Take Kilgore's first.

His call for statewide referendums is a way of reminding people that he opposed the tax increases that Warner and Kaine helped push through the General Assembly last year. Kilgore had urged lawmakers to seek public approval before adopting the tax increases.

But his current position leaves him wiggle room to say he could support new investment if the people approve.

Likewise, his proposal to create regional authorities that could raise taxes with a vote of the people allows him to oppose higher levies on gas, which would be imposed by Richmond politicians, while providing a clear path to new road money -- if the people in Northern Virginia or elsewhere agree.

If it sounds like Warner's down-the-middle strategy from 2001, that's because it is.

Kilgore is being attacked from both sides. Kaine has called his statewide referendum idea a way to duck responsibility for budgeting. And anti-tax conservatives in the Republican Party are none too happy with Kilgore's plan for regional transportation tax votes.

Paul Jost , an anti-tax activist who lost a state Senate bid in 2003, wrote in an e-mail to reporters that Kilgore has never embraced the hard-line rhetoric that helped defeat the Warner-backed transportation tax referendums in Northern Virginia and Hampton Roads in 2002.

"Of course he's backing more taxes. That's how he is able to get the support of the fat-cat campaign donors in the state who will benefit from more taxes," Jost wrote. "We worked hard to fight off those two referendums. If Jerry is elected, we'll be fighting them off every year."

Warrenton Mayor George B. Fitch , who is challenging Kilgore for the Republican nomination, called Kilgore's regional referendum idea "nothing more than a rush to raise taxes, rather than reduce state spending as a way to find funds for unfunded and under-funded transportation projects. Kilgore has made passing the buck into a new art form."

Kaine, meanwhile, has practically made an art form out of carefully parsing his position on referendums.

In comments to several reporters, Kaine spokeswoman Delacey Skinner seemed to suggest that Kaine opposed the idea of regional referendums for transportation, saying the proposal shows a lack of leadership by Kilgore.

"When you ask the difficult question of how are you going to pay for this, Jerry always wants to put that off on somebody else," she told The Post's Steven Ginsberg .

Kilgore's camp pounced, calling that a flip-flop. In 2001, Kaine supported Warner's call for a regional transportation referendum, calling opposition to such an idea "arrogant."

In response, Skinner said that Kaine supports holding regional referendums for transportation. She said her quote referred to Kaine's opposition to holding a statewide tax referendum before the General Assembly could increase taxes.

Kaine's position is clear, she said: He opposes statewide referendums but supports local ones for transportation.

Kilgore aides then dredged up a quote from 2002 in which Kaine opposed regional referendums for education funding in favor of a statewide vote.

During the next six months, all of the candidates will spend millions explaining where they stand on public votes.

It's sure to make sense soon.