Nastiness Pervades Races in Virginia
Assembly Control Could Be at Stake

By Anita Kumar
Washington Post Staff Writer
Sunday, October 21, 2007; C01

In Virginia Beach, a Democratic candidate for the House of Delegates is blamed for giving convicted criminals "get-out-of-jail-free cards" while working for the state. In Danville, a Republican candidate is alleged to have been a leader in a national organization that wants to end Social Security.

And in Fairfax County, Republican Del. Timothy D. Hugo is accused of working for a lobbying firm that overcharged the government, represented abusers at Abu Ghraib prison and profited from the war in Iraq.

Many lawmakers from both parties agree that legislative races in Virginia have gotten far nastier this year than in previous years as candidates bombard potential voters with TV and radio ads and campaign literature in the final weeks before the Nov. 6 election.

"If someone wants to run against me on transportation or taxes, that's fine," said Hugo, who is running for reelection against Democrat Rex Simmons in the 40th District in western Fairfax. "In the past, we debated the issues. . . . These allegations cross a line of decency. I'm just appalled. Did I think it would stoop this low? No."

Many candidates who are in office or have run before say they are shocked at how personal and vicious the attacks have been this year, accusing their opponents of outright lying in many cases or, at the very least, distorting the truth.

The allegations flying back and forth in the campaign for the open House seat in Fairfax's 34th District have gotten so negative that Republican candidate Dave Hunt responded with a mailer about Democratic opponent Margaret G. Vanderhye that says, "We can't trust a word she says."

Hunt's wife, Amy, also penned a letter: "I knew my husband, Dave Hunt, might be attacked when he decided to run for delegate but I had no idea how vicious the smear campaign against him would be or how persistent his opponent and her supporters would be with twisting the truth and misrepresenting the views and character of my husband."

Vanderhye said it's "fair game" to show voters how she and her opponent differ, what he stands for and whether his positions have changed.

Many candidates and lawmakers attribute the extreme negative campaigning this year to an increased number of competitive races, the abundance of money raised by campaigns and, most importantly, the potential to change which party controls the General Assembly.

The Democrats could make significant gains in the Republican-led legislature next month when all 140 House and Senate seats are up for grabs. Democrats could take control of the Senate for the first time since 1999 and pick up a half-dozen or so seats in the House of Delegates.

"They are salivating over the opportunity to win back the majority," said state Sen. Jeannemarie Devolites Davis (R-Fairfax), who is locked in a tight race for reelection against Democrat J. Chapman Petersen in the 34th District, which includes parts of Vienna and all of Fairfax City.

But Petersen is the one accusing Davis of crossing the line by airing an ad accusing him of voting to permit concealed handguns on school property as a gun fires in the background. He said the ad lacks "integrity and honesty and class."

"She's getting desperate," Peterson said. "She's throwing things against the wall to see what sticks."

Davis said she's using only facts in her ads and criticized Petersen and the Democratic Party for sending out allegations to "impugn" her integrity.

Democratic leaders acknowledge that they are being aggressive but say it's necessary because they are in an uphill battle to try to knock out the majority party.

"We Democrats are in the position now to say the incumbents are not doing their job, that they should be fired and be replaced," said House Minority Leader Ward L. Armstrong (D-Henry). "You have to give voters a reason to do that. When you are the challenger, you have to raise the issues."

Del. Terry G. Kilgore (R-Scott), chairman of the House Republican caucus, agreed that many races quickly turned negative because the balance of power could be in play in the General Assembly.

"There's a lot at stake," he said. "There's nothing wrong with pointing out someone's wrong. What I have a problem with is all the distortions going on. Tell the whole story."

A barrage of negative ads often comes in the final week or two before an election, but this year Democrats started in late summer as it became increasingly clear that Republican incumbents were vulnerable, partly because of their party's troubles at the national level. Republicans immediately mounted an aggressive response.

Attorneys for the state Democratic party have asked for TV and radio stations to stop airing ads in two different races. And in Prince William County, the conservative Club for Growth has filed a complaint with state officials against the state Democratic party and Chris Brown, the Democrat running against Del. Jeffrey M. Frederick (R-Prince William) over a campaign mailer in the 52nd District.

One of the Democrats' objections is to a TV ad by Hugo against Simmons, in the Fairfax race. It uses unidentified quotes from a blog that Democrats called "unethical, deceptive and misleading" and a violation of the American Association of Political Consultants' ethics code. The other ad the Democrats want stopped is a radio ad in Prince William's 28th District Senate race in which Republican Richard H. Stuart criticizes his Democratic opponent, Albert C. Pollard Jr., for supporting a bill that would let illegal immigrants get taxpayer-subsidized, in-state college tuition rates. Pollard says he voted against it.

The Club for Growth's complaint stems from two campaign mail pieces sent by Brown that it says wrongly states that Frederick has a plan to raise the sales tax by 34 percent and that the Club for Growth political action committee, of which Frederick is a member, supports the increase.

"It's not just negative. It's flat-out opposite to what the truth is," Frederick said. "Maybe they want to win so badly they're doing anything."

Brown said that he stands by his literature and that voters should know that Frederick is a member of a rigid, ideological group. The Club for Growth favors lower taxes and reduced government spending.

In the Hugo-Simmons race, Simmons's attempt to link Hugo to the torture of Iraqi citizens at Abu Ghraib prompted Hugo to ask Gov. Timothy M. Kaine (D) last week to renounce the flier and apologize. State party officials and Simmons said that some of the content could have been "cleaner" but that he stands by the ad.

Simmons said he and his opponent in the primary had asked Hugo to sign a positive campaign agreement, but Hugo refused. "Right out of the gate, he started attacking me," Simmons said. "He has set a new low."

In many cases, the Democratic and Republican parties pay for ads or campaign mailers, but it's difficult to say how often.

Regardless of who pays, the content is usually approved by individual campaigns, although some themes are recommended by state party leaders for many races. For example, Democrats in several districts are accusing Republicans of supporting a pay raise for members of the General Assembly, and Republicans in several districts are accusing Democrats of supporting substantial tax increases.

Many ads across the state also mention illegal immigration and costly abusive-driver fees, which the General Assembly passed this year to help pay for transportation projects.

In the 51st District of Prince William, Democratic House candidate Paul Nichols has accused Republican candidate Faisal M. Gill of running a law firm that helps illegal immigrants avoid deportation. Nichols' campaign literature stated: "Faisal Gill: So wrong on everything we can't even believe he's running for office."

Next door in the 50th District, which includes part of Prince William and the cities of Manassas and Manassas Park, Democratic House candidate Jeanette Rishell accused Republican Del. Jackson H. Miller of voting for driver fees that give a break to illegal immigrants. Miller fought back.

Both candidates said their attacks are sourced and can be verified. Miller said he does not think something is "negative" if it's true, but he says Rishell has crossed a line.

"Politics is a contact sport. You expect to be criticized," Miller said. "But never have I seen a negative race like this. It's demoralizing."

Staff writer Bill Turque contributed to this report.