Assembly Takes On Kaine's Vetoes

"I think [Kaine] certainly put some rural Democrats in a very difficult position," said House Majority Whip M. Kirkland Cox (R-Colonial Heights). "I can't imagine a majority of their constituents are supportive of the governor on these vetoes. It is very easy to understand: Judges and witnesses are as fundamental as you get to the criminal justice system."

Many observers expect that the House will easily reject Kaine's vetoes. House Republicans have 57 of the 67 votes needed for an override.

In the Senate, however, it is far less certain that Republicans will have the 27 votes they need for an override.

Kaine, who has said he is morally opposed to the death penalty but will enforce existing capital punishment laws, has allowed four executions since he came to office last year. He stopped one to seek more information.

The governor said he will try to persuade legislators who supported the measures, particularly Democrats, to switch their votes. If four do, the attempt to override all three of Kaine's vetoes would be unsuccessful. Only one legislator needs to switch to uphold the veto dealing with accomplices.

"We are a state that executes a very high number of people, and I don't think we need to expand the death penalty to promote public safety," Kaine said.

But Democrats are nervous, saying they aren't sure how Kaine's decision will play with voters. Polls show Virginia residents overwhelmingly support the death penalty. "I think most Democrats want to do things to help the governor, and I think the governor wants to do things to help most Democrats, but there are occasions where those two things don't work well together," said Sen. William Roscoe Reynolds (D-Franklin), who said he doubts he will switch his vote to support Kaine.

Sens. Richard L. Saslaw (D-Fairfax), Phillip P. Puckett (D-Russell) and R. Edward Houck (D-Spotsylvania) said last week they are also unlikely to be swayed by Kaine. But Sens. R. Creigh Deeds (D-Bath) and John S. Edwards (D-Roanoke) said they will consider switching their votes to help Kaine.

"I like the governor, and I want him to be successful," said Deeds, who has been mentioned as a possible Democratic candidate for governor in 2009.

Merle Black, a political science professor at Emory University in Atlanta and an expert on Southern politics, said Kaine's veto could haunt Senate Democrats in the southern part of the state.

"Support for the death penalty remains very high across the South, especially in rural and small town areas," Black said. "How would you explain your vote to the Rotary Club if it is an issue of the killing of judges and witnesses?"

Peter Brodnitz, a Democratic pollster who works for Kaine and U.S. Sen. James Webb (D), disagrees.

"The Republicans haven't made a compelling case these laws are needed," Brodnitz said. "There is a big difference between supporting the current system and expanding the number of crimes the death penalty applies to."

Republicans, meanwhile, face their own political dilemma over Kaine's proposed restaurant smoking ban, which was attached to a bill that would require restaurants to post a sign at the front door if they allow smoking.

If approved, Virginia would join the District and 21 states that have smoking bans in restaurants, according to the group Americans for Nonsmokers' Rights. The Maryland legislature seems to be on the verge of passing one as well.

Kaine's amendment is expected to pass the Senate, which already has supported a ban. But legislators say the vote is too close to call in the House, where some Republican leaders are vowing to defeat it.

Grzesiek, the heart association official, cited a recent poll that shows that 71 percent of Virginia voters support the ban and said health advocates will be heavily involved in this fall's elections if Republicans block it from taking effect in July.

"We think this could be an election issue in more than just a few districts," Grzesiek said.