Democrats Try to Turn Anger Over Fees Into Votes

Public upset over steep new fees for traffic violations is taking center stage in a growing number of Virginia legislative elections, threatening incumbents who supported the measure and increasing speculation that Republicans will lose seats in the General Assembly.

On doorsteps, in e-mails and in phone calls, candidates are hearing from thousands of voters that the fees, which apply to the state's most egregious driving offenses and in some cases reach $3,000, must be repealed. The GOP-controlled legislature and Gov. Timothy M. Kaine (D) supported the fees to finance road and transit improvements.

Both Republicans and Democrats voted for the plan, muddying the prospect of laying blame. But the fees were conceived by Republicans to avoid raising taxes, and Democratic challengers in particular have seized upon that fact to gain the advantage Nov. 6.

In front of the Fairfax County courthouse, where thousands of traffic tickets are processed each week, Democratic challengers for the county's three Republican-held state Senate seats gathered yesterday morning to urge a repeal of the fees.

The three seats were already widely viewed as competitive because of Fairfax's increasing tendency to vote Democratic. Now, the challengers have become emboldened by the anger they're hearing from voters about abusive-driver fees, they said.

"All three of us are out door-knocking every night," said J. Chapman Petersen, a former delegate challenging state Sen. Jeannemarie Devolites Davis (R). "This is an issue you can feel in your gut."

Petersen was joined by Fairfax County School Board member Janet S. Oleszek, who is challenging Ken Cuccinelli II (R), and George Barker, who is running against James K. "Jay" O'Brien Jr. (R).

Democrats must pick up four seats to take control of the Senate; if they win the three Fairfax seats, they'll be tied. Republicans are abundantly aware of that possibility; some of them voted for the fees but are asking for a special legislative session to fix the bill.

Anger over the fees has centered on their sometimes exorbitant amounts and the fact that they do not apply to out-of-state drivers. Misconceptions have abounded: Voters have complained that the fees apply to simple infractions such as failure to use a turn signal, which is not true.

The fees are expected to raise $65 million a year for transportation improvements.

"I think the fact that we are only penalizing Virginia drivers is patently unfair," said O'Brien, who voted for the fees but now wants a special session before the election, as does Devolites Davis. Kaine has said he will not call a special session.

The issue also is rising up in the House. Republicans hold 57 of 100 seats, and few strategists from either party have predicted a Democratic takeover. But as the fee issue has gained strength, incumbents -- particularly Republicans -- are growing increasingly concerned.