Alton/ImNotEmeril ... I apologize... Send me more info, please

Alton:
You asked for an apology. Here it is.

I am sorry. I did not mean to hurt your feelings, impugn your integrity or cause any other personal affront or offense.

Please send me permalinks (other web addresses) (or post them in comments below) with the following information so that I can better help promote your efforts:
1) date, time, place of the bloggers conference you are planning;
2) names of persons participating in planning or scheduled to present;
3) program for the event;
4) information on registration;
5) posts or other communications inviting comments/participation from fellow bloggers;
6) any other information that would be valuable in marketing the conference to other bloggers.

Thanks.
Claire

2006 VA Political Bloggers Conference

Some random thoughts on this weekend's bloggers conference in Charlottesville (unfortunately, I was only able to be there on Saturday):

Decrying the Divide
I am disappointed that the Virginia political blogosphere has allowed egos, partisan bickering and polarization to divide bloggers into those who attended the "liberal" Sorenson conference (strange denomination given keynotes by McDonnell and Bolling, but it is true that conservative bloggers were outnumbered) and those who will attend a "conservative" bloggers conference in Collinsville in August.

Last year's blogger's conference was distinguished by the collaboration of Chad and Waldo bringing the blogging world together as a "community" to engage in reasoned discourse across philosophical and political lines. Perhaps we should all go to Collinsville to seek to rebuild communications across the silly battle lines drawn this summer, that is, if those of us who participated in this weekend's meeting are "allowed" to attend the other.

C'mon guys... Do we need to model our behavior on the traditional organizations that we all so often criticize? Wouldn't it be refreshing if we could come together despite egos and politics to engage each other as peers? We should try to do better.

Blue Dog
Being obstreperous and contentious is my friend Steve's brand. He didn't disappoint.

Campaign Finance
Chris Piper did his usual effective job helping folks understand the state campaign finance rules to the extent that they are understandable. Audience member, former governor's counsel, and campaign law expert, Lee Goodman, added great substantive comments to the discussion.

For the most part, using common sense works. If you get paid to blog, campaigns would have to report your fees just as they'd have to report any other payments for services. If you get paid to blog by others and you give your services to the campaign, the market value of the services should be reported as an in-kind contribution. If someone pays you for an ad, they'd have to report it; if you give a campaign free ad space for which you charge others, it's an in-kind contribution. But there are a lot of gray areas.

That's why it's time to seek greater clarity regarding the rules regarding "internet communications" in Virginia. The new federal rules (published March 27th) provide a helpful starting place. Under those rules, paid ads on blogs and payments for blogging services must be reported by campaigns. Otherwise blogging is pretty much exempt. There are other rules for mass emails, etc, that also deserve some thought.

Read the rules here, the FEC's FAQs here and some analysis here,and here.

Ethics and Standards of Conduct
Jim Bacon would be so pleased. Even the "wild westers" from last year seem to see some value in a voluntary code of ethics.

I agree with Mike Shear (WaPo reporter who was Saturday's lunch speaker) that, if a blogger wants to be seen as a journalist, a blogger has to act like a journalist -- not a repeater of idle gossip, innuendo and items of suspect truth.

I also believe that those of us in the blogospere who play varying roles, campaign worker, lobbyist, etc, owe it to our readers to make clear what role we are playing on our blogs or posts. Our profiles should contain sufficient information to allow readers to evaluate our biases. Specific posts should also include a disclaimer/other info where appropriate.

Pseudonymous blogging is not journalism. It is, like the Federalist Papers and other anonymous tracts, a platform for conveying a point of view without having to take responsibility for it or to hide from readers the bias/posture/profession/job of the author. That said, like the Federalist Papers, it is not inherently bad nor without redeeming social value.

Anonymous posting is the tool of the paid blogger or the troll or the irresponsible person or the person who wouldn't have the nerve to say or want to be judged for saying what he/she posts and who doesn't want to be tied to his/her doggerel even by a regularly used pseudonym.

EJournalism or Community
Bloggers need to decide 1) whether they are journalists (like Jim Bacon) who create an environment in which they publish information and opinion and where comments will, like letters to the editor, be less frequent and more substantive ;
or
2) whether they are writers/commentators trying to create an interactive community where they write and other folks come to share their views and opinions (hopefully, respectfully and with some measure of maturity).

I think that it is difficult to try to be both, although some seem to think it possible or a goal to be sought.

In either case, as Waldo says, you set the standard and you get back what you send out. If you are mature, you get mature. If you are juvenile, you get juvenile.

My blog is, unfortunately, in that wasteland in between jounalism and community.

Not regular enough nor informed enough to be journalism, and not "friendly" enough to generate community.

I need to think about that.

Let me know what you think.

Talking about a real woman

Okay. I admit it. I've got a "girl crush" on Dolly Parton.

I was at the Southern Women in Public Service conference in Nashville this week where Dolly was presented with the Lindy Boggs award for public service. She entered the ballroom to accept the award singing "9 to 5" ... gave a great speech ... got off some great one liners in an interview with 6th Circuit Court of Appeals Judge Cissy Daughtry (think frumpy 60 something interviews not so frumpy ageless woman) ... and sang "her favorite song" "Coat of Many Colors" strumming her guitar expertly with improbably long fingernails.

Among the things she said I remember....

Asked to comment on her song for the movie Transamerica ... she began by saying that everyone should be free (as she says she is) to be exactly who they are. Then she reminded folks that she'd been nominated for "9 to 5" and lost in a year when Cissy Spacek did the Loretta Lynn movie and that this year she'd been nominated this year and lost when Reese Witherspoon was doing June Carter Cash in Walk the Line. She quipped that next time she hoped that she wouldn't be nominated in a year with a country music movie.

Asked what advice she had for a man thinking about becoming a woman she said, "I'd tell him the installation will be expensive, but it's the maintenance that will kill you."

Asked about the difference between Republicans and Democrats, she said that Republicans care about "the bottom line" and Democrats are more "top heavy." (Okay, think about it... Dolly Parton).

Asked what she thinks about dumb blonde jokes she said she didn't really mind them because she knows that she's not dumb and, more importantly, that she's not blond.

She poked fun at herself and had not a single remotely unkind word to say about anyone else.

She was "real" in every way you can imagine that matters, while acknowledging that almost none of what you see is "natural."

Dolly received her award in significant part because of her work in founding The Imagination Library.
Because of her efforts, children all over the country have books at home to inspire them to read and to help them prepare for school.

Let's see ... rich, smart, good looking, nice as can be, great sense of humor, focused on children as our future, great voice, wonderful songwriter ... etc, etc.

Now you can see why I'm smitten.

Watch out Men ... The Women are Coming

Two interesting articles recently highlight the enhanced role that women will play in the future of the American economy and in Washington politics ...

Cited on the Post's blog, On Balance,is an article that appeared in The Economist on April 12th (available online only to subscribers). In The Economist article titled Women and the World Economy, the lead was ...

WHY can't a woman be more like a man? mused Henry Higgins in My Fair Lady. Future generations might ask why a man can't be more like a woman.…

Commenting on the article, the Post blogger points out that women have made phenomenal progress in the last 50 years ... so much so that their success (and economic power) is beginning to threaten men. However, the reality of the marketplace is that women continue to make less than men on average.

One question that the article provokes for me is that posed by Margaret Atwood in The Handmaid's Tale ... if men are threatened by women's economic strength, what steps might they take to stay in power and control rather than let "nature" and demography take its course?

And, if that weren't enough, today's K Street Confidential column in the business section of the Post is headlined "Women, Minorities Make Up New Generation of Lobbyists" Why the change? High powered women exiting government through the revolving door looking for work is one reason. Flexibility of the work is another. Here's a reason offered by a partner in a woman-owned lobbying firm:

"This town has shifted business models from the Old Boys Network to a focus on substance, competence and credibility," said Stephanie E. Silverman, a principal of Venn Strategies LLC, a woman-owned lobbying firm. "In the old model it was difficult if you were a woman. In the new model you can be a man or a woman and it doesn't matter."

Wow ... expertise over relationships or golf scores. What's this world coming to?

Ten Tips for Becoming an Effective Advocate

#1 Google rated blogger for women entrepreneurs,Kirsten Osolind, has a great feature on her re:invention blog. Every Saturday she posts 10 Tips for 10 Million Women -- featuring advice for women entrepreneurs by women entrepreneurs.

Last Saturday, she featured my Ten Tips for Becoming a Grass Roots Advocate (a revised and updated version of an article that I wrote for NAWBOTime). It's a handy reference for women business owners who want to succeed in the "business" of advocacy at the local, state or federal level.

Let Kirsten know if you've got 10 Tips that you'd like her to feature. You'll find the link to submit your wisdom on the blog.

The Path To Electing More Women May Lead Through Redistricting

GOP Hokie has been writing about the redistricting. Here's one thing he probably hasn't thought about:

American University Professor Barbara Palmer is the co-author of an interesting new book about women candidates for political office that got great coverage in David Broder's column in the Washington Post this week.

Among the most interesting of Palmer's findings reported by Broder is this:

Demographic changes now underway will increase the number of districts where women can compete. But the radical suggestion from Palmer and Simon is for states to use this knowledge of what makes a district "woman-friendly" in the next round of redistricting, after the 2010 Census, to increase substantially the number of women in Congress. As women in state legislatures position themselves for the coming redistricting battles, that's something they can keep in mind.

There's lots more of interest in the book, "Breaking the Political Glass Ceiling: Women and Congressional Elections," which looks at all of the women candidates who ran for Congress between 1956 and 2004 and identifies the characteristics of the districts in which they won and lost.

Sounds like a good read for anyone who wants to run for Congress or who would like to help identify women candidates for districts well-suited to electing them or who would like to know how to draw districts that would elect women!

Delegate Kilgore --- One Man --- Three Masters?

In a little noticed development upstate, Delegate Terry Kilgore has been named Dean of Institutional Advancement at the University of Appalachia, a new private university in Grundy. In the school's press release, Kilgore is quoted as saying he intends to continue representing clients in "serious injury" cases, and there's no indication that he intends to give up his seat in the legislature:

Delegate Kilgore noted that he is in the process of phasing out of his general practice of law and will maintain his legislative district office in Gate City where he and his wife, Debbie, also an educator, and their two children, Kayla and Kyle, continue to reside. “I will continue on a part time basis to represent a limited number of serious injury clients as part of my agreement with the University of Appalachia. It is important that I stay actively involved in the legal profession and it was not an easy decision to make this transition. But with all the expanding opportunities for further educating our high school graduates happening right here in Southwest Virginia I cannot resist doing what I can to make that happen on a larger and more aggressive scale.”

The head of the University said of Kilgore's selection:

"Terry will be instrumental in expanding program development, promoting scholarships and fundraising, and increasing the awareness of educational and health care needs of Southwest Virginia. He has shown great enthusiasm in taking this office and has begun making contacts and setting up site visits well before his start date. Terry strengthens our leadership team and will help make our mission become a reality.”

So, Terry will be an agressive advocate for the constituents who elected him, the University, and his continuing legal clients -- all at the same time. Wonder how we'll know when he's doing which job.

There is always the potential for conflict with a citizen legislature, but this may be a situation where it will be difficult to parse expected loyalties.

Can one man serve three demanding masters well and without conflict (especially when two of the jobs require significant fundraising)? Guess we'll find out.

Ohio Appeals Courts Split on Application of Ohio Marriage Amendment in Domestic Violence Cases

This week one of the 12 Ohio appellate courts ruled that the Ohio marriage amendment bars prosecution of domestic violence cases involving unmarried partners. News reports here, here, and here.

This is the fifth of the 12 appeals courts in Ohio to rule on this issue. The first four appellate decisions went the other way. See this decision, for example. It will take a decision of the Ohio Supreme Court to resolve the conflict and determine the issue once and for all.

The following is excerpted from the decision of Ohio's 2nd District Court of Appeals, located in Dayton, in the case of State of Ohio v. Karen Ward:

This appeal concerns the issue of whether the provision in the domestic violence statute extending the protections of that criminal statute to "a person living as a spouse" offends the Defense of Marriage amendment to the Ohio Constitution adopted by the voters in 2004 because it recognizes "a legal status for relationships of unmarried individuals that intends to approximate the effect of marriage."

We conclude that it does.

Let us suppose that the (Defense of Marriage) amendment were given the more restrictive interpretation. The evident purpose behind the second sentence of the amendment — to prohibit the indirect recognition of non-traditional marriages — could die the death of a thousand cuts. Imagine the adoption of a testimonial privilege for quasi-spouses, the addition of quasi-spouses alongside spouses and children as beneficiaries in wrongful death actions, the addition of quasi-spouses to the class of family members who can recover for loss of consortium, or the addition of a quasi-spouse to the list of persons who must be notified of a woman's intention to have an abortion.

The list is endless.

At what point would the second sentence of the amendment be deemed to have been violated? Would only the last in the series of legislative enactments, common law rulings, and administrative or judicial rule-making be voided for unconstitutionality?

Suppose that, after a long series of legal struggles to enhance the rights of non-traditional, quasi-spouses, the only remaining point of difference in Ohio between a spouse and a quasi-spouse were that the spouse, but not the quasi-spouse, could claim an additional $25 credit on the Ohio income tax? Would that avoid implicating the second sentence of the amendment because actual spouses and quasi-spouses are not treated identically for all legal purposes in Ohio?

In our view, the jurisprudence contemplated by the hypotheticals recited above would be unworkable. The general principle evident in the second sentence to the Defense of Marriage amendment is that a legal status of a de facto marital relationship shall neither be created nor recognized in Ohio as having the same effect as the legal status of a de jure marital relationship. It is tempting to speculate which of potential exceptions to this general principle would have found favor with a majority of the Ohioans who voted for the Defense of Marriage amendment, but this would be mere speculation.

In our view, the second sentence was intended to avoid the prospect of the Ohio General Assembly, or the Ohio courts, establishing exceptions to its reach.

Note to Victoria Cobb ... time to update your website FAQs.

My Blog Roll -- Women Bloggers Worth Reading

So, I've been following all the chatter about blog rolls, see here and here for example, and I thought, "maybe I should have a blog roll?"

Not wanting to get into the fight about who's influential and who's not ... lots of self-congratulating and back scratching going on there ... I decided that I'd post a blog roll of women bloggers who I think are worth reading. Some I've listed are political, some not. Some are in Virginia, some not.

If you've read a woman blogger who makes you laugh or think, send the link along.

I'm always looking for something new that's worth reading.

Lilly Tomlin -- Worrying About Same Sex Marriage

I heard Lilly Tomlin tonight speak to a conference of women business owners. During her performance she said:

"I worry about same sex marriage. If all of us gay people keep imitating straight people, what's next? Monster truck rallies?"

LOL

52% of the Population Deserves Better When It Comes to Judicial Appointments

There's been much hand wringing and teeth gnashing this session about the likely failure of the General Assembly to replace retiring chief judge of the Court of Appeals, The Honorable Johanna Fitzpatrick, with another Northern Virginian. As Not Larry Sabato reports, some members of the Fairfax Bar Association have gone so far as to call the leading non-Northern Virginia candidates "unqualified" -- an assessment attacked as politically inspired.

Unnoticed and unremarked, however, is that none of the five people interviewed to replace Judge Fitzpatrick (and another retiring Judge) was a woman. Meaning that the number of women on the Appeals Court will drop from 3 of 11 to 2 of 11 (a number clearly heading the wrong direction).

Nor was any of the three candidates interviewed for three circuit court judgeships open this year a woman. Nor was any of the candidates interviewed for four district court vacancies a woman. And, only two of 10 candidates interviewed for six juvenile and domestic relations court vacancies were women (and two of the judges being replaced were women meaning that the best we can hope for is not to lose ground).

Here's the list of those interviewed this year:
Appeals Court
Randolph A. Beales
Judge Victor V. Ludwig
Judge R. Terrence Ney
William G. Petty
Judge John E. Wetsel, Jr.

Circuit Court
James C. Hawks
Josiah Thomas Showalter, Jr.
Judge Alfred M. Tripp

General District or Juvenile Court
R. Glennwood Lookabill
S. Clark Daugherty
Ashley K. Tunner
Robert S. Brewbaker, Jr.
J. Frank Buttery, Jr.
Ronald L. Napier
Steven T. Buck
Margaret W. Deglau
Richard S. Wallerstein, Jr.
Edward S. Whitlock, III
Jimmy Don Bolt
Croxton Gordon
Thomas B. Dix, Jr.

As of 2003, women comprised about 30% of the legal profession and 49% of the law school graduates. At large firms, 16% of the partners were women in 2003. That last number makes our declining percentage of appellate judges look acceptable at 18%, but certainly our goal ought to be higher, and we should certainly be trying not to lose ground.

It is simply not okay for the legislature not even to seek to interview a more diverse pool of candidates, particularly when they are replacing some of the few women already serving on the bench.

The House and Senate Courts Committees who interview the candidates to assure that they are qualified (before the Republican House and Senate Caucuses decide whom to elect) need to do a better job of identifying qualified women and minority candidates for Virgina's judgeships.

The majority of residents of Virginia who are women deserve to have a judiciary that better reflects our presence among potential litigants.

After all, shouldn't majority rule?

Bloggers to be Left on the "Digital Dirt Road"?

The national blogs are all a buzz about legislation that would end "net neutrality" and allow major internet providers to provide better and speedier net access to paying customers.

Here's a post from the Guerilla News Network that explains the proposals now pending in Congress:

In the federal government in Washington, the main legislation concerning the media in the United States – the Telecommunications Act – is being rewritten, and the fate of net neutrality (and perhaps the future of the internet) rests in the balance. Unfortunately, Net neutrality clauses have been struck out of the most recent draft of the Telecom Act.

GNN describes the proposals as ones that will relegate bloggers and other nonpaying net consumers to the "digital dirt road."

Doesn't sound good to me.

McDonnell as "Activist Judge"

Back in October, I wrote a post titled Choosing Your Lawyer: What You Should Ask the Candidates for Attorney General.

In the post, I suggested that you ask "How will the candidates interpret the law in official opinions they write as Attorney General? Will the candidates be "activists" or "strict constructionists?" I said "Just as it is important to know how a judge will apply the law and what regard he or she will have for past decisions, it is important to know how a candidate for the office of Attorney General will approach this quasi-judicial opinion writing function."

Well, today we learned for sure how McDonnell sees his role -- he's definitely an "activist" who will seek to use the opinion writing process for political ends.

Today, McDonnell issued opinion no. 05-094, in which he holds that the Governor does not have the legal authority to issue an executive order that includes sexual orientation in the state personnel policy against discrimination in public employment.

In January, Delegate Bob Marshall asked the AG for the opinion on the question whether, as the Commonwealth’s Chief Personnel Officer, the Governor can, by Executive Order, protect state employees from discrimination based on sexual orientation. The result today was an opinion clearly informed more by political considerations than sound legal research or reasoning.

Here's what EV's Board Chair and Executive Director had to say in a press release issued today:

“Governor Kaine is the Chief Personnel Officer of the Commonwealth and is granted broad constitutional and statutory rights to set policy for the employees he manages,” said Jay Squires, EV Board Chair and Richmond attorney. “McDonnell’s opinion finds that the Governor, like a locality under the Dillon Rule, only has the authority expressly conferred on him by the legislature. This interpretation is in conflict with generally accepted principles regarding the separation of powers of the legislative and executive branches of government, and flies in the face of years of precedent.”

“In one of his first official acts as Attorney General, McDonnell has shown that, in issuing official opinions from his office, he will be an ‘activist judge’ who will strain to reach legal conclusions that will please the most narrow-minded of the constituents to whom he must feel he owes last fall’s slim margin of victory,” said Dyana Mason, Equality Virginia Executive Director. “It is sad that in a state where 87% of voters support the right of gay men and lesbians to be free from discrimination based on sexual orientation, Attorney General McDonnell felt that he had to placate a small minority with this obviously result-oriented, political opinion.”

It is even sadder that the release of the opinion today was clearly timed so that it was after the Senate and House considered proposals to cut nondiscrimination language from the budget. Both houses argued that the budget language was “unnecessary” because it duplicated language in existing state and federal law, including the ExOrder.

And, in an even crueler twist, the opinion cites the close vote on SB 700 earlier in the session as evidence that the legislature has rejected protections for sexual orientation discrimination despite the fact that a major argument against the bill in the Senate committee was that the Executive Order and the budget already offered such protection.

Attorney General McDonnell set a bad precedent for his term as Attorney General today. He made clear that politics will dictate his legal analysis and opinions during his four years in office.

That’s a shame.

Tagged

So, I got tagged by the Blue Dog who got tagged by South of the James ... so not wanting to break the chain in this blogger's chain letter here's my 4x4:

Four jobs I've had
Lifeguard
Waitress
Sheepskin seller
College president

Four movies I can watch over and over
Gentleman's Agreement
Ocean's 11
Star Wars
Thelma and Louise

Four places I've lived
London, England
Key West, Florida
Schofield Barracks, HI
Annandale, Virginia

Four TV shows I love
24
Lost
Smallville
Law and Order

Four places I've vacationed
Sail boat in the Grenadines
Vieques, PR
Vancouver, Canada
Green Valley, Utah

Four of my favorite dishes
Buz and Ned's ribs
Dim sum
Paella
BLT

Four sites I visit daily
Legislative Information
Bacon's Rebellion
Commonwealth Conservative
Washington Post

Four places that I'd rather be right now
Moon Beach on Vieques
Slopes or Red Fox Restaurant at Snowshoe
Hiking in the WindRiver Range near Jackson, Wyoming
Mango's in Key West, FLA talking with my friend TK at the bar

Four bloggers I'm tagging
Rita Ricks
Kenton Ngo
Ben Kyber
J Sarge

Finding the Positive

Today at the legislature something good happened. A group of students from Hampton University (down at the General Assembly to lobby for TAG grants and funding for some new fangled technology) sat in on the Senate General Laws committee where SB 700 was being debated.

SB 700 is the bill that would (finally) make explicit and codify the Commonwealth's policy against discrimination in the public workplace, prohibiting, among other things, discrimination based on sexual orientation.

The bill was superbly presented by its patrons, Senators Lucas and Locke and there was positive testimony on the bill by the Virginia Governmental Employees Association, the Virginia Education Association, People of Faith for Equality in Virginia, Equality Virginia and an individual state employee on the board of the VGEA. But, the fun didn't get started until the advocate for the Independent Baptists (arguing against the bill) got into a theological debate with Senator Yvonne Miller. (I could sell tickets to the replay). He was followed by an advocate for Concerned Women of America who described herself as having been "in homosexuality" in the past. From my perspective at least, it seemed that the longer that the opponents talked the closer our side got to getting the bill reported out of committee. Unfortunately, that was not to be, the bill failed to report by a vote of 6-8-1.

The good part was this .... after listening carefully to the presentation of the bill and the ensuing debate the students from Hampton adjourned to the lobby where I observed them engaged in an extended and very lively debate among themselves about the policy questions and arguments for and against the bill.

It was good to see the students excited about what was happening and engaged by the debate regardless of which side they were on.

As Larry Sabato often says, "politics is a good thing!" I think that the students from Hampton present today would agree.

If Only

Loved this headline in today's WAPO ...

"Handful of Races May Tip Control of Congress"

Perhaps if we took this literally and to heart, it would end all the immigrant bashing in DC and Richmond.

Just one of the promised "random thoughts."

Speak to Your Spirit: SISTERS, WE MUST FIND OUR VOICE!

There's a new voice in the blogosphere. Join me in welcoming Rita Ricks and her SpeaktoYourSpirit blog.Speak to Your Spirit: SISTERS, WE MUST FIND OUR VOICE!

Rita is a powerful force of nature. Her blog is worth a look.

Couldn't Have Said It Better

Marc Fisher on his Raw Fisher blog, concluding a riff on the ability of Virginia legislators to drift from libertarian to dictatorial citing the marriage amendment as an example: "Sadly, the legislators in Richmond act not according to any set of logical principles, but according to their own drifting and kneejerk conglomerations of bias, whim and momentary passions."

And, for some, I would add to bias, whim and passion their mistaken (?check Craddock, Black, Marrs, now Staton) belief that certain votes are "required" to get reelected even if they don't personally believe in what they are voting for.

Stephen Carter in his book "Integrity" describes unintegrity as doing something that you know to be wrong and argues that lack of consistency can be a hallmark of lack of integrity.

Shannon Valentine won a special election in Falwell's home town although she was attacked for making clear that she opposes the current proposed marriage amendment because it goes too far. She was clear and consistent and voters confirmed that they liked her authenticity.

Something to think about.

Fisher is not the only blogger to express doubts about the marriage amendment... see

I'm Not Emeril

Raising Kaine

Virginia Centrist


Madisonian at Sic Semper Tyrannis

South of the James

I'm sure there are more....

Perhaps we could have a whole blog carnival limited to posts on the marriage amendment ....

Bacon's Rebellion: "Blogging on the Hustings"

Here's Jim Bacon's take on the Marc Fisher piece on Virginia bloggers...

Bacon's Rebellion: "Blogging on the Hustings"

Bloggers Examined; Found Interesting

Washington Post Columnist, Marc Fisher examines the Virginia political blogosphere in the February/March American Journalism Review. In "Blogging on the Hustings," Fisher describes Virginia's political bloggers as "cacophonous" and "significant." He's right on both accounts.

We're a noisy bunch, mostly civil, but not always. And, many among us have contributed significantly to the art and war of politics.

For my part, I'm flattered to be quoted ... okay about being the only woman quoted but not so sure how I feel about being the designated "old" voice in the crowd, though.

Waldo has a good commentary on the commentary up on his blog. His conclusion: we have reason to be proud of being in the Virginia political blogosphere.

I think he's right.

Standing Up Against Discrimination in Public Employment

Here is the text of Senator Louise Lucas' floor speech about SB 700 (on which she and Senator Mamie Locke are co-chief patrons), the bill to end discrimination against state and local employees (including teachers) based on race, gender, national origin, religion, disability, veteran status, etc and sexual orientation:

In 1970, Governor Linwood Holton established a tradition that our chief executives have followed since; his first official act as Governor was the issuance of an executive order promising state employees equal opportunity and protection from discrimination in the workplace.

35 years later, Governor Warner concluded his term by signing an executive order extending this protection to discrimination based on sexual orientation -- a promise of opportunity continued in Governor Kaine’s first executive order on Equal Opportunity issued the day he was sworn in as Virginia’s 70th Governor – a promise also extended by Governor Kaine’s order to Virginia’s veterans.

Despite this long history of executive action, this legislature has never acted to incorporate in the Code of Virginia an explicit and comprehensive ban on discrimination in public employment. Private companies seeking to contract with the Commonwealth are required by law not to discriminate in employment. Constitutional officers are prohibited by law from discriminating in employment. Localities have permission to adopt anti-discrimination ordinances applicable to private employers but are not required by state law to guarantee their employees a workplace free of discrimination. School divisions and localities are required to afford employees the right to grieve discrimination, but are not affirmatively prohibited from discriminating.

It is time for legislative action. We can start by adopting the language in Governor Warner’s budget that will protect state employees from discrimination. But we need to go beyond that.

It is time for this legislature to make the Commonwealth’s equal opportunity policy clear and applicable equally to all public employees.

No state, local or public school employee should have reason to doubt our commitment to equal opportunity in employment for all regardless of race, color, religion, national origin, sex, pregnancy, childbirth or related conditions, age, marital status, disability, sexual orientation, or veteran status.

That is why Senator Locke and I will introduce today a bill that compliments and builds on Warner’s and Kaine’s executive actions and makes equal opportunity a matter of legislative enactment as well as executive action.

And, yes, this bill would include sexual orientation in our statement of the Commonwealth’s nondiscrimination policy. Protecting Virginia’s gay, lesbian, bi-sexual and transgender public employees from discrimination is not a radical idea.

 We are far behind private sector employers in adopting such a nondiscrimination policy.

 Jerry Falwell has said that protection from employment and housing discrimination is not a special right but a basic human right.

 A poll by a bi-partisan polling team recently found that, even among Virginia voters who would vote for a marriage amendment, 86% said gays and lesbians should have the right to work for the government and 63% said that they should have the right to teach in public schools.

 And, 24 of the 40 Senators in this body and 60 of the members of the body at the other end of the hall have said that they don’t discriminate hiring in their offices.

We invite you to join us in making equal opportunity in employment the law for all Virginia public employees.

So far, 9 Senators (including Locke and Lucas) have signed on.

If your Senator is not on the list, call the Senator and tell him or her you'd like to see his or her name on the list of co-patrons for SB 700.

If we can't convince them to be sensible when it comes to the so-called marriage amendment, perhaps we can convince them to do what's right when it comes to employment discrimination.

As Senator Lucas says, there's nothing "radical" about it.

The Definition of Juvenile

What do college freshmen who sit outside the cafeteria line and hold up rating cards for young women as they exit the line with their trays and Not Larry Sabato have in common?

They define juvenile, i.e., "displaying or suggesting a lack of maturity."

At the risk of being accused of lacking a sense of humor, I have to say that the NLS contest to rate the "hottest" woman candidate or wife of a candidate is demeaning.

The contest equates the women leaders who run for office with the supporting cast of spouses who help men run and reduces both to unwilling beauty queens. The contest diminishes the victories of successful candidates like Anne Crockett-Starke. And, the contest illustrates the double-binds that women who seek to lead confront. Can one be both feminine and competent? See, Women and Leadership: Beyond the Double Binds by Kathleen Hall Jamieson for more on this subject.

Virginia is in the bottom ten of all states in the percentage of women in our legislature. In part, this is because of the double standard women confront when they seek to serve us as part-time citizen legislators. If they are single, they must put up with rumors about their sexuality. If they are attractive, they must put up with rumors about who they are sleeping with. If they have small children, they are attacked for putting themselves first and worst.

Men, e.g., Mark Earley and Bob Marshall, have large families with small children that they left to serve in the legislature without criticism. Yet, Eileen Filler-Corn met a barrage of negative sniping when she sought election to the House of Delegates because she had two school age children at home.

Men don't have to put up with stuff like the NLS contest, or the ongoing running commentary women face regarding their looks, clothing choices, hairstyles, etc., as a price of public service.

No wonder more men than women indicate an interest in running for office. See, Fox, Gender, Political Ambition and the Decision Not to Run for Office at page 5.

Bottom line here for me ...

Grow up, NLS.

Picture This

Delegate Cole has introduced a bill that would make it legal for a law enforcement officer carrying a concealed weapon to drink alcohol in a restaurant or club but only if he is actually on duty.

Here's what the amended "guns in bars" law would say if Cole's bill is passed:

J3. No person who carries a concealed handgun onto the premises of any restaurant or club as defined in § 4.1-100 for which a license to sell and serve alcoholic beverages for on-premises consumption has been granted by the Virginia Alcoholic Beverage Control Board under Title 4.1 of the Code of Virginia may consume an alcoholic beverage while on the premises; however, nothing herein regarding the consumption of alcohol shall apply to a federal, state, or local law-enforcement officer while actually engaged in the performance of his official duties.

I suppose this is somehow meant to make it legal for undercover police officers to drink while working a case without disarming or violating the law. But, it seems weird that we're passing a law to make it legal for police officers to drink on the job while carrying a concealed gun.

"Time and the Art of Living" 3

The new year approaches. Limitless possibilities; things left undone. A beginning; an ending.

Grudin on past and future:

III.20 The past is like the body of time, the future is like its soul. Our sense of the past is voluminous, corporeal, complex; but our sense of the future should hold innocently and simply, like stellar spectrum, the full quality of our spirit and will.

May the new year replenish your spirit and reenergize your will.

"Time and the Art of Living" 2

The holiday season... time with family ... thoughts about past time ... hope for time yet to come.

Not much time for blogging. So, over the next week or so, I've decided to share more from Robert Grudin's book, "Time and the Art of Living."

As we think about the year past, what we did and might have done, it's important to remember that balance is an important aspect of success in life and in managing time.

Grudin on Achievement and Time:

IX.29 The mind which can totally and inanely forget its work and obligations is often also the mind which can, at the proper time, give them the fullest attention. People of this bent know not only the value of concentration but also the secret resource of fallowness. They protect their fragile hours of productivity with down pillows of oblivion.

I hope that you find some "down pillows of oblivion" on which to rest in the week ahead and beyond.

Questions for the New Attorney General

Richmond's new ezine for women published a revised version of my blog post on questions for the Virginia Attorney General in the December 2005 edition now available online.

Bacon's Rebellion: Blog the Budget! Executive Offices

Over on Bacon's Rebellion, Jim's asking folks to "blog the budget." Shaun Kenney suggests that we all play "adopt-a-budget" and see if we can find the fat.

I don't know if you'd call it fat or not, but, as noted in my comment on the Executive Office budget, the request for an additional position and more money for the Division of Debt Collection in the Office of the Attorney General deserves a very careful look by the money committees and the new Attorney General.

Congresswoman Davis Rewrites Dictionary; Makes Include and Exclude Synonyms

It seems to me that Virginia Congresswoman Jo Ann Davis and others on the anti-holiday bandwagon have merged the meanings of "include" and "exclude" in their efforts to put the "Christ" back in Christmas.

Those of us who use Happy Holidays as a greeting do so to "include," that is, to "accommodate, add, admit, allow for, append, bear, build, build in, carry, combine, comprehend, comprise, consist of, constitute, contain, count, cover, embody, embrace, encircle, enclose, encompass, entail, enter, have, hold, implicate, incorporate, inject, insert, interject, interpolate, introduce, number, number among, receive, subsume, take in, teem with, or work in" everyone who is celebrating this time of year regardless of what they are celebrating.

We are not trying to "exclude" or "ban, bar, bate, blackball, blacklist, block, bounce, boycott, close out, count out, debar, disallow, drive out, eject, eliminate, embargo, estop, evict, except, expel, force out, ignore, interdict, keep out, leave out, lock out, obviate, occlude, omit, ostracize, oust, pass over, preclude, prevent, prohibit, proscribe, put out, refuse, refuse admittance, reject, remove, repudiate, rule out, set aside, shut out, sideline, suspend, throw out, veto, or ward off" Christians who are celebrating Christmas.

No matter what the good Congresswoman says, I'm going to continue to see include and exclude as antonyms, and I'm going to include everyone in my holiday greetings.

And, what's this thing these folks have about the Christmas tree anyway...the history of Christmas trees as a Christian symbol is relatively recent, promoted actively in the US only since the late 1800's and not "universal" as a tradition until the 1920's. A bit of history:

The Egyptians were part of a long line of cultures that treasured and worshipped evergreens. When the winter solstice arrive, they brought green date palm leaves into their homes to symbolize life's triumph over death.

The Romans celebrated the winter solstice with a fest called Saturnalia in honor of Saturnus, the god of agriculture. They decorated their houses with greens and lights and exchanged gifts. They gave coins for prosperity, pastries for happiness, and lamps to light one's journey through life.

Centuries ago in Great Britain, woods priests called Druids used evergreens during mysterious winter solstice rituals. The Druids used holly and mistletoe as symbols of eternal life, and place evergreen branches over doors to keep away evil spirits.

Late in the Middle Ages, Germans and Scandinavians placed evergreen trees inside their homes or just outside their doors to show their hope in the forthcoming spring. Our modern Christmas tree evolved from these early traditions.

Legend has it that Martin Luther began the tradition of decorating trees to celebrate Christmas. One crisp Christmas Eve, about the year 1500, he was walking through snow-covered woods and was struck by the beauty of a group of small evergreens. Their branches, dusted with snow, shimmered in the moonlight. When he got home, he set up a little fir tree indoors so he could share this story with his children. He decorated it with candles, which he lighted in honor of Christ's birth.

The Christmas tree tradition most likely came to the United States with Hessian troops during the American Revolution, or with German immigrants to Pennsylvania and Ohio, adds Robson.

But the custom spread slowly. The Puritans banned Christmas in New England. Even as late as 1851, a Cleveland minister nearly lost his job because he allowed a tree in his church. Schools in Boston stayed open on Christmas Day through 1870, and sometimes expelled students who stayed home.

The Christmas tree market was born in 1851 when Catskill farmer Mark Carr hauled two ox sleds of evergreens into New York City and sold them all. By 1900, one in five American families had a Christmas tree, and 20 years later, the custom was nearly universal.

What's the big deal about including everyone in the magic of the season by calling the tree a holiday tree?

Sometimes me thinks that the gentlelady doth protest too much.

Ten Keys Revisited

The Sunday before the election, I wrote my analysis of how I thought Sabato's "Ten Keys to the Governor's Mansion" were playing out in the 2005 election cycle.

We haven't yet had the benefit of Sabato's thinking, but I thought I should keep myself honest by looking back at what I said and seeing whether it makes sense viewed in hindsight.

Here's what I see:

On turnout, I was wrong that lower turnout would deliver the election to Kilgore. Kaine won despite the fact that turnout was lower than 2001's 46%. The conventional wisdom (R's do better when turnout is low)was wrong in Kaine's election. The turnout among black voters turns out to have been close to the 15% that Warner did, so the makeup of the lower turnout looks like it was unchanged or tending D compared to 2001.

The "prevailing conditions" (Warner/Virginia heading in the right direction) factor looks to have had a stronger influence on the election that I thought it did. I said it favored Kaine, clearly it was very favorable.

As to the rest of the 10 keys:

1) Economy (Then, neutral; Now, neutral to advantage D)
Dissatisfaction with the economy in some rural parts of the state (like Henry County) helped Kaine, not Kilgore. Overall, though, I still think it was a Neutral factor overall in the election. I do think voters thought that Kaine could do a better job delivering on the issue since more jobs and the economy voters voted for him.

2)Party Unity (then, advantage D; now advantage D)
Turned out to be the advantage for Kaine that I thought it would be.

3) Scandal (then, advantage D; now advantage D)
Turned out to undercut Kilgore as I projected.

4) Campaign Operations (then advantage R; now neutral to advantage D)
Kaine's folks ran a great and technically advanced campaign. The vaunted R machine wasn't. I called this an advantage for R's. Looks like this should have been neutral at best, perhaps even advantage D's.

5) Campaign Money (then advantage R; now advantage R)
Kilgore had the advantage. It didn't end up helping him.

6) Candidate Personality (then neutral; now advantage D)
I called this neutral, probably because I know both guys and think both are genuinely likeable people. However, the Kilgore his campaign presented was not likeable, and the Kaine his campaign ultimately presented was authentic and likeable.
This should have been advantage Kaine.

7) Prior Office Experience (then advantage R; now neutral)
Kilgore did little with his experience, and he wasn't able to get traction on the negatives associated with Kaine's tenure as mayor. I gave the advantage to Kilgore, turned out to be neutral at best.

8) Retrospective Judgment of Previous Governor (then advantage D; now advantage D)
Warner's high positives made this a very strong advantage for Kaine. I got this one right.

9) Presidential popularity (then, advantage D; now advantage D)
I called this one right, too. Bush was a drag on Kilgore's candidacy.

10) Special issues and dominant circumstances (then advantage R; now neutral to advantage D)
Immigration turned out not to have the intensity Kilgore clearly hoped it would. Transportation, which Kilgore should have been able to work to advantage, didn't help him. Kaine's decision to focus on growth and transportation late in the campaign clearly boosted turnout and his vote totals in the exurbs. I called this advantage R. I might have been right in the abstract, but Kaine's team clearly turned this negative into a positive.

Warner Steps Up on Workplace Discrimination

On Friday, Virginia Governor Mark Warner stepped up to the issue of workplace discrimination against gays and lesbians and did the right thing. As the chief personnel officer of the Commonwealth, he included a provision in the state budget he proposed that makes clear that Virginia's equal opportunity policy covers sexual orientation. Then, he reissued his own executive order No. 1 to declare that Virginia's "firm and unwavering policy ... to assure equal opportunity in all facets of state government" forbids discrimination based on sexual orientation.

According to the HRC, Virginia joins 25 other states and 420 of the Fortune 500 companies that have nondiscrimination policies.

In a competitive employment environment, Warner's policy decision makes good sense for Virginia and Virginia taxpayers who want the best and the brightest working in state government and at our public colleges and universities.

The Richmond Times Dispatch reports today that a fight (led by who else? Bob Marshall) is already brewing on this small step forward for fairness.

But, really, how controversial can this be when, as the TD reports, Speaker of the House Bill Howell is "among 84 Republican and Democratic legislators who signed a pledge with Equality Virginia, a gay-rights lobbying organization that pressed Warner for the ban, to prohibit discrimination in their offices."

Tim Kaine's spokeswoman has said that Kaine's Executive Order 1 will continue to prohibit discrimination in state government based on sexual orientation.

People of right reason should get ready to respond, though, when Marhall and others try to strip the langugage from the budget bill and pass legislation to prohibit the Governor from extending this protection to workers by Executive Order.

The Data Confirms Common Sense Analysis of the Election Results

Jeff Schapiro's column today revealing some of the Kaine post-election poll results confirms what those not playing Republican bubble boy know by intuition, talking with folks, listening to what non-wonks have to say ...

independents and moderates made the difference in the governor's race.

And, they really didn't like the negative ads used by Kilgore (especially the death penalty ads).

Can we revisit whether negative campaigning "works"?

Gratitude

Interesting word gratitude.

If you look it up in Roget's Thesaurus, you find synomyms that carry both a sense of blessing and an implied quid pro quo.

Benediction, grace, tribute, appreciation and, perhaps, recognition ... things given without expectation.

Acknowledgement, thanks, response, obligation, requital ... offered in return for a thing received or expected.

As I count my blessings tomorrow and think about what it means to be grateful ... to give thanks ... to express gratitude ... I'll be thinking about when and why I've been thankful without expectation or without receiving something ...

when gratitude has been a benediction or grace...

offered freely ...

without gain expected or received.

And, if I can find an image/memory/feeling of that time, I hope that I can hold on to it and find ways to connect with it again and again ... living in gratitude for its own sake without obligation or requital.

Happy Thanksgiving

So you want to run for office

This month RichmondWOMAN magazine goes from print to ezine. The new edition just hit the electronic news stand. My Government Matters column this month is titled, "So You Want to Run for Office: 5 Questions Every Woman Must Ask Herself Before She Runs for Office." Find out about the rule of 75, the torque factor, and the "buy me, buy me" test ... all important considerations for any woman thinking about elective office.

And, do think seriously about running. Virginia has stayed too long in the bottom ten of all states in the number of women in our state legislature. You can be a part of moving us from follower to leader. Women who run can and do win!

McDonnell's Transition Team

Following up on my post about Kilgore's failure to lead with inclusion during his 4 years as Attorney General, the announcement of McDonnell's transition team doesn't inspire confidence that he will do better.

Here's the list:

Steve Rosenthal (AG in the year following Terry's resignation to run for Governor)

Richard Cullen (AG in the year following Gilmore's resignation to run for Governor; former Assistant US Attorney)

Frank Atkinson (Counsel to Governor Allen)

Randy Beales (AG in the year following Earley's resignation to run for Governor)

Paul Harris (former member House of Delegates)

Ken Stolle (current Senator from Virginia Beach; chair of Senate Courts)

Dave Albo (current member House of Delegates from Springfield; likely new chair of House Courts)

Eileen Addison (York County Commonwealth's Attorney)

One African American, one woman. This even though nearly half of all law students (from whence future office recruits will come) are women.

One hopes that the leadership and senior staff who McDonnell chooses to run the AG's office, if he is confirmed as the winning candidate following a recount, will be more diverse and look more like Virginia and the make up of the available lawyers and public administrators from which he could choose.

Disclosure: As reflected in my profile, I have been a consultant to the Deeds campaign and I am serving on his recount team. I was also Steve Rosenthal's chief deputy AG.

"Time and the Art of Living"

"Time and the Art of Living" by Robert Grudin is a book that I turn to periodically for inspiration/meditation/humility. Called a "modern classic" by Richard Selzer, the book is about time in many dimensions, including the politics of time and growth and age. Whether I'm moved to pick up the book by sadness (as in the death of my mother or life threatening illness of a friend) or by frustration with events or the challenges of daily life, I always find something to think about ... an insight to savor ... a challenge to live "better."

Today I awoke thinking about the "lessons" in this election, and the book opened to this entry:

XII.16 In the heat of action, the mere ability to remember our principles, our goals and the specific reasoning behind the course we have taken is an element of courage. Memory is fear's first victim.

"Memory" took some serious hits in this campaign cycle. One hopes that those we have elected will have "courage" as they move from campaigning to governing.

Is it too early for New Year's Resolutions?

Certainly not if Christmas decorations are up before Halloween, and definitely not if you're asked by INC. magazine if you have any you'd like to submit for possible publication in their January issue.

So, I was asked, and here's what I said my resolutions are for this year:

"To get the hundreds of business cards sitting in a box in my office scanned into my contact manager."

"To synchronize my passions and my pocketbook."

"To teach my 5 nieces about the time value of money."

"To live the reality that time, like money, must be budgeted."

"To blog daily."

"To truly live each day as if it were my last."

At least as to one of these, you'll be able to judge how I do.

Reading the Cross Tabs; Survey USA Updated Tonight Prior to Bush Visit

There's an interesting picture that emerges from the cross tabs of the surveys conducted by SurveyUSA since August. Each of the polls reflects different projections about the makeup of the electorate, reports data based on widely varying numbers of likely voters (568 to 804), and estimates the margin of error differently (from a high of 4.2% down to 3.5%). The increase in the number of "likely" voters in the sample reflects the fact that as the election gets closer more registered voters called by the firm identify themselves as "likely" voters.

In August, the SurveyUSA poll projected that African American voters would make up 17% of the electorate -- a wildly optimistic assumption given the fact that only Doug Wilder has generated that kind of turnout among African American voters (he got 17% to Warner's 15%). By this past weekend's poll, the portion of the turnout projected to be made up of African Americans had fallen to 13%.

The good news for Kaine is that, from the poll conducted August 6-8 to the poll conducted November 04-06, his winning margin went up even as the projected proportion of black voters fell -- from 5 points behind in the first week in August to 9 points ahead in the calls made November 04-06. Kilgore's support among African American voters, consistent with that garnered by Gilmore and Allen -- in the range of 16-18%, remained static while Kaine's rose from a low of 70% to a high of 79%.

The bad news for Kaine in the updated SurveyUSA numbers published tonight is that the momentum seems to be moving in Kilgore's direction. Averaging calls made Saturday, Sunday and Monday, SurveyUSA now projects Kaine as having a lead of only 5%. Here's what SurveyUSA reported tonight about the polling trends over the weekend:

Interviews in the Virginia governor's race conducted by SurveyUSA tonight Monday 11/7 (but before President Bush appeared in Richmond) show a swing back towards Republican candidate Jerry Kilgore, causing SurveyUSA to now update its final projection in the Virginia Governor's Contest. This morning, based on interviews conducted Friday, Saturday and Sunday (11/4/05 through 11/6/05), SurveyUSA released data that showed Democrat Tim Kaine 9 points ahead of Kilgore. However, because of intra-day volatility in that data, SurveyUSA continued to poll throughout the afternoon and evening today Monday 11/7. When interviews from the most recent 3 days -- Saturday, Sunday and today Monday -- are averaged, Kaine's lead shrinks now to 5 points. When interviews from just the past two days -- Sunday and today Monday -- are averaged, the contest is closer yet. When interviews from Monday only are considered, the contest is tied, but the Margin of Sampling error from just the one day of interviewing is high enough, and the results aberrant enough, that SurveyUSA is uncomfortable reporting just Monday-only data. For the record, SurveyUSA goes into the clubhouse with its final projection (based on Saturday, Sunday and Monday polling): Kaine 50%, Kilgore 45%. A closer outcome still is possible.

Turnout clearly remains key, and the SurveyUSA data reveal three key issues that, in addition to the pro-Kilgore momentum, could render Kaine's projected margin illusory.

First, there appears to be a general lack of enthusiasm in the African American community for Kaine's candidacy. African American voters could make up as little as 10% of the electorate.

Second, to ensure victory, Kaine needs to get closer to the 90% of the African American vote that Warner received.

Third, much of Kaine's projected lead is reflected in the rising gender gap. In August, Kaine held a lead among women of only 3%. In the most recent poll, his lead among women had risen to 16%. But, turnout rates for women voters in Virginia are notoriously low -- 33rd out of the 50 states. It's not clear that Kaine's candidacy has the emotional torque necessary to get women to the polls tomorrow, particularly in NOVA, where multi-tasking women need a compelling reason to get them to the polls.

With Republicans using dirty tricks to depress turnout, particularly among Democratic women (e.g., calls using Kaine's voice and negative literature made to look like it came from Potts), Kaine will need the best GOTV program ever mounted by a Democratic candidate in Virginia to win tomorrow.

Evaluating The Governor's Race Using Sabato's Ten Keys to the Mansion

Writing for the Cooper Center in February 2002 about Governor Warner’s election, Professor Larry Sabato wrote, “Since 1969, the party with the advantage on the 'Ten Keys to the Governor’s Mansion' has invariably captured the governorship.”

I don’t know how Professor Sabato is calling the race this year, but here’s my take on his “Ten Keys” applied to this year’s Governor’s race:

1) Economy: Advantage N
While gas prices are high and folks are concerned about how they’ll heat their homes this winter, taxes in Virginia remain lower than in other states; per capita income is still up and unemployment is still down (except in rural parts of the state where dissatisfaction may help Kilgore).

2) Party Unity: Advantage (D)
This is the first time in years Republican candidates have run from the party “brand” failing to include it in advertisements. Why? The Party has been injured by scandal (the eavesdropping case), and the primary season was bitter.

Democrats are united behind Kaine, albeit with less enthusiasm than he would want.

3) Scandal: Advantage (D)
The eavesdropping case…the resignation of a Congressman…the link between Bolling and a failed insurance company… none of this helps the R’s.

4) Campaign Operations and Technology: Advantage (R)
It will take the D’s in Virginia years to make up for the Party’s failure to enter the technology age sooner.

5) Campaign Money: Advantage (R)
Kilgore has shown, once again, that unless a Democratic candidate is a millionaire, Republicans will out raise Democrats (especially when they get to hide the names of their contributors)

6) Candidate Personality and Appeal: Advantage N
Kilgore seems brittle; Kaine seems elastic. Kaine’s natural charm isn’t translating in the media.

7) Prior Office Experience: Advantage (R)
Kilgore’s experience as Attorney General and Secretary of Public Safety has given him a solid record to run on. Kaine’s tenure in the “weak mayor” job and on City Council, left him fighting the negative perceptions of the City without marginal success.

8) Retrospective judgment of previous governor: Advantage (D)
Governor Warner’s popularity is a huge asset but difficult to leverage. Kilgore can hardly tout Gilmore.

9) Presidential popularity: Advantage (D)
Bush is down, but not out in Virginia, but he won’t help Kilgore with independent voters who are the key to this election.

10) Special issues and dominant circumstances: Advantage (R)
Like it or not (and I don’t), the immigration issue provides Kilgore’s campaign with some momentum going into election day.

Net Advantage: 4(D), 4 (R), 2 (N)

Guess we know why the race is a “dead heat,” with the deciding factor out of the candidates control…it’s what Sabato calls the “prevailing conditions.” This year the voters have a very positive view of the direction in which Virginia is headed and a pretty negative view of Bush and the federal government. Clearly, this factor favors Kaine.

But, there’s one thing that Sabato’s “Keys” don’t address, which is voter intensity about the candidates and about the election itself. Although articles in the MSM today quote insiders as saying that voter interest is picking up, it is still likely that “I don’t give a darn” may be the spoiler candidate this year rather than the independent candidate Potts.

If turnout meets Sabato’s projected 2 million voters (slightly higher than in 2001), I think Kaine will win. If turnout is below 2001’s 46.2%, and especially if turnout among African American voters is less than 15% of the total, I think that Kilgore wins.

We’ll all know Tuesday (or maybe later if the election is as close as many predict). Who knows? If it’s a close as some think it will be, we may not know who won until after all provisional ballots are counted and the final count is certified by the State Board of Elections. And, even then, we might be headed for a recount.

At least we won't have butterfly ballots.

Traditionalist Arguments for Gay Marriage

The Volokh Conspiracy guest blogger Professor Dale Carpenter is devoting this week to the traditionalist arguments for gay marriage. Carpenter isn't spending time on the rights arguments. He's focusing instead on the reasons why those who believe in marriage should believe in gay marriage. It's an interesting series that has provoked an interesting and (mostly) informed debate, including a really great post by Eugene Volokh himself on preserving the quality and civility of the exchange. Here's the permalink to the first post.

After A Promising Start, Kilgore Fails to Lead With Inclusion

Four years ago, Jerry Kilgore began his tenure as Attorney General by appointing women to serve both as his chief deputy and his chief of staff. This was a refreshing change from the administrations of the previous two Attorneys General, (see, Kilgore Making A Place At the Table for Women, Virginian Pilot, December 12,2001), and his choices held the promise of inclusive leadership.

This November Jerry Kilgore is asking us to hire him as Virginia’s chief executive and chief state personnel officer. Accordingly, it is appropriate to review his record as Attorney General to see if, in fact, his leadership lived up to the promise of inclusion suggested by first two appointments.

Sadly, the record shows that it did not.

When Kilgore took office in January 2002, the Office of the Attorney General ("the Office") was one in which the positions carrying higher ranks and higher salaries were dominated by white men. After four years of Kilgore’s leadership (and that of his handpicked successor), the profile of the Office remains largely unchanged, with some indicators actually moving backward.

According to that EEO-4 reports filed by the Office in 2001, 2003 and 2005:

 The percentage of women working in the Office fell from 61% in 2001 to 57% in 2003 and 53% in 2005.

 Despite being a majority of the employees in the Office in all three reporting periods, women were only 23% of the full time employees making more than $70,000 in 2001, 23% in 2003 and 28% in 2005.

 The percentage of African Americans working in the Office fell from 17% of the full time employees in 2001, to 15% in 2003 and 13% in 2005.

 Like the women employees, in 2001 African American employees were concentrated in the lower salary ranks making up only 2.53% of the employees making $70,000 or more (2 men). In 2003, the percentage of $70,000 plus earners fell to .02% (1 man). In 2005 it rose to 4.5% (2 women, 2 men).

 There was one Hispanic employee in the Office in 2001 and 2003, a woman in a para-professional job making between $33,000 and $42,900; and three Hispanic employees in the Office in 2005 (5%), making between $55,000 and $70,000.

 There were 3 Asian and Pacific Islanders in the Office in 2001 -- two were men making over $70,000 in administrative or professional positions and one was a woman making between $33,000 and $42,900 as a technician. By 2003 the number had fallen to one woman in the same salary grade. In 2005, the number rose to four, three women and one man, none making over $70,000.

The reason for the lack of progress in increasing the diversity of the Office, in general, and, particularly, at the higher ranks, can be explained by the disproportionate impact on women and minorities of layoffs made by Kilgore in October 2002, and Kilgore’s failure to make diversity a priority when making new hires.

According to the complaint filed in Huang v. Kilgore, a case challenging the 2002 layoffs (on which I was co-counsel), among the fifty one (51) employees terminated by Kilgore in October 2002, 80% (41) were women, 88% (45) were over 40 years old, at least three (5%) of the terminated employees had physical or medical disabilities that were being accommodated by the Office and at least eight of those terminated (16%) were people of color.

The Office’s EEO-4 report covering 21 new hires during fiscal year 2003 shows that Kilgore hired no African American men, no Hispanics, no Asian and Pacific Islanders and only two African American women during this period. The new hire report filed in 2005 shows that among 39 new hires between July 1, 2004 and June 30, 2005, none were African American men, three were African American women, one was a Hispanic woman and one was a male Asian or Pacific Islander.

Some might ask why we should care that Kilgore failed to lead with inclusion as Attorney General. This is not a concern framed by ideology or party.

Kilgore’s failure to include all Virginians equitably among the employees and, particularly, the leadership in the Office of the Attorney General, meant that, when important legal and policy questions were being decided, women and minorities had no more than token representation in the discussions and in most cases no representation at all.

No one doubts that diversity improves decision-making. According to the authors of Understanding the Dynamics of Diversity in Decision-Making Teams, diversity has moved from a social issue to “a strategic business imperative” in the workplace. The same authors cite senior managers at one Fortune 500 company who say that “managing diversity effectively leads to such consequences as a solid reputation as one of the best places to work, an empowered workforce, greater innovation, increased productivity and a competitive advantage in global competition.”

As taxpayers, wouldn't we want to gain the benefit of these kinds of “consequences” in our state workplaces?

As voters, shouldn't we demand that the person who wants the job as chief executive and chief personnel officer of Virginia demonstrate a basic understanding of and commitment to the benefits of diversity?

As citizens, can’t we agree that Virginia’s women and minorities deserve some assurance that they will be “at the table” when important issues like transportation, public safety, education or health care are discussed?

The full record of Kilgore’s tenure as head of the Office of the Attorney General gives no such assurance.

For me, that’s a sad conclusion to an administration that started with such promise.

Choosing Your Lawyer: What You Should Ask the Candidates for AG

On November 8th, Virginia voters will choose the man who will be their lawyer for the next four years. The Virginia Attorney General is, in fact, the people’s lawyer serving as our advocate on consumer matters, defending our decisions as jurors in criminal appeals, protecting our investments in charitable organizations and institutions, initiating and overseeing prosecution of government fraud and conflicts of interest, and advising the state officials and agencies who serve us.

Just as you choose carefully the lawyer who advises your business and your family, each Virginian should look carefully at the qualifications and stated priorities of the two candidates who seek election this year as Attorney General, and vote in November for the person you think would best serve you.

Senator Creigh Deeds (D Bath County) currently represents the people of the 25th district, stretching from Bath County to Charlottesville. He was the elected prosecutor of Bath County for four years before his election to the Virginia House of Delegates. He moved to the Senate in 2001, winning a special election for the seat left vacant by the death of Senator Emily Couric. Creigh Deeds says that as attorney general, "I will use my experience working across the aisle to make the office less political and improve the overall efficiency and responsiveness of our government. I will focus on the rights of those victimized by crime and respond to the surge of gang violence, illegal drug use, and domestic violence." For more information visit his website, www.creighdeeds.com.

Delegate Robert F. McDonnell (R VA Beach) has represented the people of the 85th House district in Virginia Beach since 1992. Prior to being elected to the House of Delegates, he served as a prosecutor in the Virginia Beach Commonwealth’s Attorney’s office. He is a retired Lt. Colonel who served in the Army for 21 years (active duty and reserves). Bob McDonnell says that as attorney general he will protect children from violent sexual predators, fight the scourge of drugs and protect Virginians from terroristic threats. For more information visit his website, www.bobmcdonell.com.

Certainly, this information is helpful to those paying attention to this so-called "down ballot race." Nonetheless, there is more that you need to know about these candidates beyond their carefully scripted, politically marketable platforms and platitudes to make an informed choice in November.

Here are some questions that you should be asking both candidates for Attorney General so that you can decide which man to "hire" as your lawyer when you enter the polling booth to vote on November 8th:

How will the candidates represent your interests as "consumer counsel?"

Under the Code of Virginia, the Attorney General is required to represent the "interests of the people as consumers." What does this mean to the candidates for Attorney General? Will either of them take an active role in investigating and enforcing Virginia’s Consumer Protection Act? When she was Attorney General, Mary Sue Terry helped reduce the costs to businesses and consumers of liability and workers’ compensation insurance at a time when premiums were rising and insurance was increasingly unavailable. She did this through legislation she advocated and through aggressive representation of consumers in insurance rate cases pending before the State Corporation Commission.

How will each of these candidates use his authority as Attorney General to represent Virginia consumers? Will he take action to address the malpractice insurance crisis, protect consumers from price gouging during the current gas crisis or prosecute those who deceive consumers by making false claims about their products or services; for example, those businesses who sell international drivers licenses falsely claiming that it is legal to drive in Virginia using such a document?

How will each candidate decide how money from settlements negotiated in consumer class action cases will be distributed?

With the exception of the tobacco settlement funds, the distribution of settlement proceeds from consumer lawsuits is completely within the discretion of the Attorney General pursuant to whatever agreement ending the lawsuit was approved by a court. Some past Attorneys General have distributed money from lawsuits in a manner designed principally to serve their political objectives. One Attorney General distributed money from the settlement of a price fixing lawsuit involving a woman’s shoemaker to so-called crisis pregnancy centers rather than in a manner more likely to benefit directly the consumers who had paid more for shoes because of the company’s anti-trust activities. Another made grants from settlement funds to health care institutions and organizations in jurisdictions that could be of strategic importance in a future campaign.

How will each candidate decide when to challenge or defend a law passed by the legislature, appeal a case or sign an amicus ("friend of the court") brief in a case pending in another jurisdiction?

In past administrations, Virginia Attorneys General, acting on behalf of the people of the Commonwealth of Virginia (their ultimate client), have: 1) refused to defend the legislature’s decision to increase office allowances for members of the House and Senate (the legislature won); 2) defended at trial and on appeal a plainly unconstitutional statute passed by the legislature that sought to ban a particular abortion procedure (the so-called partial birth abortion bill); 3) filed lawsuits attacking the application of certain EPA rules and the federal Motor Voter Law to Virginia; and 4) authored or signed briefs that advocated severe limitations on the right of individuals to sue the state for discrimination under the Americans with Disabilities Act, the Age Discrimination Act and Title IX of the Education Amendments of 1972.

What policy will this year’s candidates follow in making these kinds of decisions? Will their actions reflect their personal beliefs, those of their respective political parties or some other standard? Will they consult with the Governor before committing the people of the Commonwealth to a side in a legal dispute?

How will the candidates interpret the law in official opinions they write as Attorney General? Will the candidates be "activists" or "strict constructionists?

One of the important roles played by the Attorney General is quasi-judicial. The Attorney General is obligated by law to issue a formal opinion regarding how the law should be interpreted when asked by certain public officials. The questions asked each year cover far reaching issues from the legality of "pull tabs" in fraternal lodges to the right of localities to regulate shooting ranges to the Lieutenant Governor authority to vote as "a member of the Senate." An official opinion of the Attorney General is not the same as a court decision, but it is entitled to great deference by the courts. Once an Attorney General issues an opinion, the failure of the legislature to take action to override it by changing or clarifying the law is read by the courts as an indication that the legislature agrees with the Attorney General’s reading of the law.

Just as it is important to know how a judge will apply the law and what regard he or she will have for past decisions, it is important to know how a candidate for the office of Attorney General will approach this quasi-judicial opinion writing function.

One example illustrates well the power the Attorney General can wield through the opinion function. In 1962-63, in 1966-67 and in 1991, three Attorneys General had opined that it was unconstitutional under the Virginia Constitution for public school divisions to provide free bus service to students attending private religious schools. Each of these Attorneys General interpreted the Virginia Constitution as setting a stricter standard for the separation of church and state than is set by the First Amendment. This longstanding interpretation was never addressed by the Virginia legislature nor overturned by the Virginia courts. In 1995, stating simply that "I am of the opinion that these prior opinions do not accurately state the current law," then Attorney General James Gilmore issued an opinion overruling the prior opinions and interpreting the law as permitting local school divisions to provide bus transportation to students attending private religious schools. Ironically, the 1995 busing opinion was requested by and issued to one of the candidates for Attorney General this year, Delegate Bob McDonnell.

Will the candidate be a good steward of your tax dollars?

The Attorney General of Virginia is the managing partner of a public law firm with almost 300 employees and a budget of more than $25 million -- not including almost 60 additional lawyers paid for by various state agencies but supervised by the Attorney General, and the millions of dollars spent annually on outside counsel (private lawyers and law firms) who handle matters ranging from issuance of bonds to mundane collection work. What steps will each candidate take to be sure that dollars spent on the state’s legal work are well invested and that the quality of representation provided to taxpayers is high? What will the candidates do to improve the state’s collection of debts owed and fines and penalties unpaid? How will each candidate account for the $9,000 a year that he will receive as Attorney General for expenses "not otherwise reimbursed?"

Will the candidate’s management practices as Attorney General reflect a commitment to full equality of opportunity at all levels?

Every employee of the Office of the Attorney General is an at will employee who serves at the pleasure of the lawyer elected by the people to serve as Attorney General. Will the candidate seek and hire employees based on merit? Will the candidate commit not to discriminate in employment based on race, national origin, gender, religion, disability, Veterans’ status, sexual orientation or gender identity? Will the candidate commit to ensure that the Office’s hiring and personnel practices reflect a commitment to merit over political affiliation and full equality of opportunity and compensation at all levels of employment? How will each candidate assure that the contracting and procurement practices of the Office of the Attorney General under his leadership assure that small, women and minority owned businesses get their fair share of the state dollars that the Office spends?

How the candidates for Attorney General answer these questions will reveal much about what kind of leader each will be in the role he is now seeking and more about what kind of leader he might be as Governor when he (inevitably, it seems) decides to move up in four years.

What's the definition of "works"?

Mike Shear writes in the Post today about the tenor of the campaigning in the Virginia governor's race. Citing interviews with "more than two dozen teachers, business owners, college students and homemakers across the state last week," the Post said that " Virginians said they felt inundated by the barrage of ads and unmoved by their messages."

Quoting four women, the Post story went on:

Karen Hudson, 48, of Tazewell called it "mudslinging" and said she is disappointed. Suffolk banker Linda Bradshaw, 32, said she hates the "bashing." Kingstown resident Kathleen Snyder, 39, called it all "a colossal waste of time." And Audrey Davidson, an administrator for the Halifax County public school system, said the race has devolved over the past six months.

"Initially, we had two saints running for office," Davidson said over lunch at Ernie's Restaurant in South Boston. "Now, we find out that we have two men with the Devil as an opponent."

But, the Post says despite the voter reaction, "national experts in political advertising say the attack strategy works, so it continues."

Now, I'd like to know the definition of "works" used by the "national experts" .... particularly in Virginia which ranks 36th out of 50 states in the number of women registered to vote and 33rd in the percentage of women who turn out.

The story quotes experts on the emotional influence of the ads, but doesn't give any indication about just what effect the ads have on voter behavior... are they influenced to vote? Or, are candidates satisfied if they just depress turnout among the other candidate's voters?

I've written on this blog before that I think that testosterone driven political fights turn women voters off and depress turnout. I said it after Kerry held his midnight press conference to attack Bush's nomination acceptance speech, and I say it again now .... acting like two rams butting heads or, worse yet, two kids throwing sand in a sand box ... won't get women to the polls.

Do I have studies? No, but I've got lots of women friends and relatives who provide strong "focus group" feedback.

Last August, I wrote in a Daily Press oped about what I thought Democrats should do to increase turnout among women:

Democrats should stop wringing their hands about whether their party and their candidates appeal to NASCAR dads and tax-phobic men over 55 and worry more about connecting with, registering and turning out women (and minority) voters
in Virginia.

Women are listening. All we need to create the emotional spark -- the "torque," as I call it -- that helps drive women voters to the polls, is for our candidates to speak loudly, and with authenticity and concern, about the everyday issues of concern to women ... : equal pay, preventing violence against women, caregiver issues, work/life balance, women's health. Issues that appeal to the sandwich generation and Gen-X alike.

Issues that appeal to real women with real lives.

Sadly, this is not the "strategy" that we see reflected in this year's statewide races.

So, what does this mean about the definition of "works"?

Perhaps, in the refined world of the national experts, it means, that negative campaigning "works" because it depresses turnout generally but energizes the minority of voters who are "true believers" and who increasingly drive national policy into polarized conflicts and politicians to extremes of their parties.

Perhaps it means that negative campaigning "works" because fewer women vote, but that's okay because it means the men stay in charge even though they are a minority of the US population.

Or, perhaps it means that negative campaigning "works" because none of the "national experts" knows how to run a truly inspirational campaign that galvanizes voters across a wide spectrum, so they resort to what "works" ... mean spirited, ennervating campaigns that wear most people out before election day and leave the decision about who will lead us to the few among us who are motivated to vote by passion driven by enmity or "true" belief.

Wouldn't it be refreshing if someone really tried to run a campaign that inspired?

A Gray Day in Richmond

When I awoke this morning, I didn't know why the day opened gray and misty. Then I read the Times Dispatch and learned that one of the kinder, gentler souls to walk this City had been killed late Monday crossing West Broad Street.

Jimmy Walthall always had a smile on his face and, though it seems trite to say so, you could "feel the love" emanating from him.

It was gray today because the City has lost the light of his smile, his positive spirit, his boundless energy.

It was misting this morning because even the sky over Richmond grieves the loss of someone truly dear and sweet beyond measure.

Roanoke Times Calling All SW Bloggers

Saw this posted up on the Roanoke Times webpage today:

If you live in Southwest Virginia and are a regular blogger, we'd like to consider posting a link to your blog on this page. E-mail us and tell us about the dispatches from your world. We will list and profile some of these bloggers with biographies they've submitted.

We want this to be the place where a community of regional bloggers and their many interests can be found. And we think you'll enjoy the interactivity of trading points of view with them.

The MSM using bloggers as content and to enhance interactivity of their webpages.

Resourceful, right?

What's Wrong with This Picture?

Don't know if this is a random thought or an irregular musing ....

Picked up the Sept/Oct issue of a new mag, Worthwhile: Work with Purpose, Passion and Profit, and found these interesting stats in the mag's Measuring Stick feature:

The top three professions most considered "overworked" by Americans are: nurses (55%), teachers (45%) and housewives (44%). (Source: Princess Cruises Escape Completely survey)

See a pattern there?

Now try to fit this stat into the picture:

The percent of working fathers who "would prefer being stay-at-home dads to being the breadwinner" is 47%. (Source: CareerBuilder.com)

Do you suppose these working fathers know that "housewives" are overworked?

Or do you think that they might be operating on an idealized definition of "stay-at-home" dad that includes taking the kids to the ball game and other "quality time" parenting activities, but doesn't include washing, drying, folding and stowing the family's clothes, cleaning the house, grocery buying, food prep, driving carpool, etc, etc, etc?

Hmmmmm

Bloggers Get Googled

Hold on to your keyboards .... you're about to get Googled. Google announced yesterday that it has launched a new Google search engine for blogs. According to CNN, the first word of the announcement was "disseminated by a blog." Here's what Google's new blog guru said:

"There really has been a need for a world-class search product to expose this dynamic content to a worldwide audience," said Jason Goldman, who came to Google in the Blogger deal and is now the company's product manager for blogging search.

I guess we're about to become mainstream.

New "National Conversation" Launched

For those of you who want to get engaged in a national conversation about 9/11 and Katrina, you've got a new outlet.

From the press release issued today by Phil Noble at Politics Online:

CivisOnline, a new division of sector-leading Internet tools and strategies provider PoliticsOnline, today announced the beta launch of its latest web project, The National Conversation ( www.NationalConversation.net), with a unique conversation on Sept 11: 4 Years Later and Hurricane Katrina.

“Think of it as a national water cooler,” says PoliticsOnline president Phil Noble, “a place where regular people can ‘share and compare’ their thoughts and feelings about the biggest stories of the day in any format they choose – in words, in pictures, on video, or simply by rating the comments and content they find on the site. Once they share their ideas and opinions, users can then compare their responses to others in real time by region of the country, age, or sex. This ‘share and compare’ is a powerful idea, and one that our media partners have been interested in pursuing with us for some time now.”

Any media company, blog, or other public affairs site can become a Partner in the National Conversation simply by cutting and pasting an icon and a few lines of code available at http://www.NationalConversation.netat no cost or obligation. “The National Conversation is a unique new concept, and our free and open distribution and partner system is a part of this spirit of innovation and experimentation,” said Noble. “We’re anxious to see what happens.”

So am I!