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election law initiative, referendum, and recall

Democracy, Democrats & the Constitution 

Do senior Democrats not understand how our government is designed?

“Today the Supreme Court of Virginia has chosen to put politics over the rule of law by issuing a ruling that overturns the April 21st special election on redistricting,” Virginia Attorney General Jay Jones said last week.

“What Jones didn’t say in his statement,” explained a Washington Post editorial, “is that he is the one who insisted the court wait until after the election to judge the merits of the challenge, over the objections of those who sued.”

“If the Virginia Supreme Court had legitimate concerns about this referendum, the time to stop it would have been before three million Virginians cast their ballots,” U.S. Senator Tim Kaine (D-Va.) declared. “But the Court let the process move forward, and Virginians sent a message loud and clear. . . .”

Come now, Senator, courts act only when a case comes before them that is ripe for adjudication. In my experience, courts rarely rule on the constitutionality of a ballot measure until after voters pass it. 

Moreover, under our system, when something violates the constitution it matters not at all whether it passed with 99.9 percent support or the slightest majority. For the record, the redistricting referendum passed “loud and clear” with 51.7 percent of the vote. That was after national Democratic groups splurged $64 million to drown out opponents. And with an “intentionally misleading” ballot title officially informing voters it would “restore fairness.”

Democratic House Minority Leader Hakeem Jeffries also entered the fray, arguing that the “decision to overturn an entire election is an unprecedented and undemocratic action that cannot stand.”

Hard to be wrong that many times in such a short sentence. The ruling will stand and is not “unprecedented”: it did what courts have always done. 

Moreover, the democratic vote on the referendum was set aside by the constraints of Virginia’s democratically enacted constitution.

This is Common Sense. I’m Paul Jacob.

Previously:

Un-Redistricting Virginia / April 23, 2026
(On a constitutional monkey wrench thrown into the Democratic Party’s latest scheme to out-trump Trump.)

Against Fairness? / April 2, 2026
(On a dishonest ballot title being foisted on Virginia voters.)

Immoderate Bullets / Oct. 6, 2025
(On the man who should most definitely not be attorney general.)


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election law litigation partisanship

Un-Redistricting Virginia

A circuit court has ruled that Virginia’s new voter-passed congressional map, gerrymandered to give Democrats in the state a prohibitive advantage in the next congressional election, is unconstitutional.

Judge Jack Hurley, of the Circuit Court of the Commonwealth of Virginia for the 29th Judicial Circuit, Tazewell County, denied a motion to stay his injunction blocking certification of the election using the new districts. Former Virginia attorney general Ken Cuccinelli reports that once a final order is drafted and entered, “it will be immediately appealed.”

If the rejiggering survives the challenge, it could be the factor that tips the balance in the House of Representatives toward the Democrats next November.

Cuccinelli, who is now national chairman of the Election Transparency Initiative, had been saying that passage of the gerrymander would not be the last word. In their rush to get the measure to voters and enacted before November 2026, lawmakers ignored sundry constitutional requirements.

The 2024 special session that took up the redistricting measure had been convened to legislate about the budget. “Its governing resolution limited the session’s scope. Expanding it to include a constitutional amendment on redistricting required a two-thirds vote that never occurred.”

Also, says Cuccinelli, the state constitution requires that “an election must intervene between first and second passage” of a proposed constitutional amendment. “Here, first passage occurred during an election cycle — not before an intervening one.”

Among other problems is the constitutional stipulation that “every electoral district shall be composed of contiguous and compact territory.” The proposed map violates this requirement “badly.”

When you’ve got to go, you’ve got to go, and this partisan map must go.

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall partisanship

Gerrymandered Hypocrisy 

“Gerrymandering is detrimental to our democracy,” declared Virginia Governor Abigail Spanberger . . . back in 2019.

“Let voters decide, not politicians,” former President Barack Obama offered just last month. 

The problem? They’re correct!

And Republicans are now sharing the statements by these two high-ranking Democrats with Virginia voters. Why? They oppose the April 21 constitutional referendum that, if passed, would allow the legislature to gerrymander the state’s congressional district lines to likely turn the federal delegation from its current six- to five-seat Democratic majority into a ten to one Democratic majority.

How dare opponents repeat the precise words previously uttered by Spanberger and Obama as Virginians go to the polls!

WUSA-TV in Washington, D.C., headlined its report: “Anti-redistricting mailers in Virginia are misleading, critics warn.”

“This has been misconstrued,” explained Gaylene Kanoyton, the Political Action Chair for the Virginia NAACP. “This does not pertain to these unusual, unprecedented times that we are in right now.”

“It is true they made these statements years ago,” a fellow from my hometown was quoted, “but the situation has changed.”

“They don’t like it because we’re exposing their leaders for their hypocrisy,” argues former Republican Delegate A.C. Cordoza with Justice for Democracy PAC. 

Democrats can of course blame Republican gerrymandering efforts in other states to justify their own, but it is a race to the bottom for voters. 

But, as I pointed out last week, Democrats deserve all the blame. The language on the ballot is completely slanted, telling voters the measure will “restore fairness.” This is so outrageous that even the liberal Washington Post editorialized last month that “Democratic politicians are presenting the proposed amendment to voters in the most brazenly dishonest way imaginable.”

Partisans will always be self-serving. But can’t they even try not to appear blatantly hypocritical?

This is Common Sense. I’m Paul Jacob.


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initiative, referendum, and recall partisanship

Against Fairness?

I’m against fairness?

Nah, it’s just Democrats who think that, because I won’t vote for their proposed constitutional amendment allowing the legislature to redraw my state’s congressional districts. 

The official question on the April 21 ballot reads: “Should the Constitution of Virginia be amended to allow the General Assembly to temporarily adopt new congressional districts to restore fairness in the upcoming elections, while ensuring Virginia’s standard redistricting process resumes for all future redistricting after the 2030 census?”

What, exactly, is “fair” about this amendment? 

“If approved, Virginia’s 11 districts would likely go from six Democratic to five Republican leaning seats to 10 Democratic seats and one Republican seat,” explains WJLA, ABC’s Washington, D.C., affiliate. “The new map would draw heavily blue urban areas in Northern Virginia, with rural Republican areas far away.”

Democrat House Speaker Don Scott argues that “levels the playing field.” 

Well, it would be a fairer map if the commonwealth’s electorate were comprised of 90 percent Democrats and less than 10 percent Republican voters. Yet, in 2024, Democrat Kamala Harris garnered just 51 percent of Virginia’s vote for president. Even in last year’s blowout gubernatorial election, Democrat Abigail Spanberger won only 58 percent. During that campaign, Spanberger expressed skepticism of this district map . . . but then, as governor, signed on. 

Democrats, always selective in applying “fairness,” are outspending Republicans “by about 14 to 1 on advertising” and holding the vote for this constitutional question early, in April, with low voter turnout expected — for the first time in state history.

In the minds of Democrats, this maneuver is fair because President Trump has urged Republican states to engage is such partisan redistricting. That’s their case.

But arguments in favor of a measure do not belong in the wording voters see on their ballot as they make their decision. 

That’s unfair.

This is Common Sense. I’m Paul Jacob. 


Note: In the quoted ballot question, emphasis added.

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crime and punishment ideological culture

Immoderate Bullets

“What began as a quiet October Friday in Virginia politics,” reports Markus Schmidt for the Virginia Mercury, “erupted into a full-blown national scandal when screenshots of private, three-year old text messages showing Democratic attorney general nominee Jay Jones fantasizing about shooting then-House Speaker Todd Gilbert and his children were made public.”

With 280,000 people having already voted in Virginia’s race for attorney general, polls show Jones leading.

“Like all people,” Jones excused himself, “I’ve sent text messages that I regret.”

Have all of us sent texts such as these? 

“If those guys die before me,” Jones messaged Republican House Delegate Carrie Coyner, “I will go to their funerals to piss on their graves.”

Jones, who had resigned as a state legislator, was incensed that Speaker Gilbert had offered too strong a public eulogy over the death of a retired Democratic delegate. Apparently, that delegate had committed the unforgivable sin of being a moderate.

Jones boasted that if he had Hitler, Pol Pot and the Virginia House Speaker in a room, and only two bullets, Speaker “Gilbert gets two bullets to the head.”

In one message, Del. Coyner “chastised Jones” for telling her over the phone how he hoped “Jennifer Gilbert’s children would die” in her arms to make the Speaker change his political views.

“Rather than deny that he had wished death on the children,” National Review explained, “Jones responded by saying, ‘Yes, I’ve told you this before. Only when people feel pain personally do they move on policy.’”

“I mean do I think Todd and Jennifer are evil? And that they’re breeding little fascists?” he asked in another text. 

To which he answered: “Yes.”

Jay Jones for attorney general? No.

This is Common Sense. I’m Paul Jacob.


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Accountability government transparency political challengers

Louder in Loudoun

“The drama that played out in upscale Loudoun County, Virginia over the last year or so,” Matt Taibbi writes at Substack, “cost Democratic candidate Terry McAuliffe the governorship. . . .”

McAuliffe, the former chairman of the Democratic National Committee and previously governor (2014-2017) under Virginia’s one-term consecutive limit, lost to Republican Glenn Youngkin by 2 percentage points in Tuesday’s off-year election. That’s big news because Virginia is a blue state where just a year ago Democrat Joe Biden beat President Donald Trump by a 10-point margin.*

“[T]he Loudoun County story,” notes Taibbi, “involves furious disputes between local parents and the school board over a variety of issues, including a pair of sexual assaults.”

Those two attacks involve a “skirt-wearing teen who raped a female classmate in [the] girls’ bathroom.” Convicted in juvenile court on two counts of sexual assault for the first incident, the lad has been accused of attacking another young female student — also in a school bathroom, but in a different school (having been transferred). 

Yet, during a school board meeting discussion on transgender bathroom policies, one month after the assault occurred, school officials claimed there had been no incidents. 

The lie was exposed only after the girl’s father, in attendance, became angry.

And was arrested.

“It was the woke cover-up that electrified the Virginia governor’s race,” declares the UK’s Daily Mail headline on their Election Day exclusive interview with the rapist’s mother.

That school officials would attempt to hide such incidents speaks to the crying need for accountability. 

And for the right of parents to control their kids’ education.

This is Common Sense. I’m Paul Jacob.


* Republicans triumphed across the board, sweeping all three statewide offices — which breaks a Democratic Party streak dating back to 2012 — as well as winning back the Virginia House of Delegates. The GOP Lieutenant Governor-elect Winsome Sears will be the first black woman in that position and the Attorney General-elect Jason Miyares will become the state’s first Latino AG.

NOTE: Decided is this question: “How much say should parents have in what their child’s school teaches?” In a Washington Post exit poll, a majority of Virginians answered, “A lot.” Of those, 77 percent voted for Youngkin.

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First Amendment rights

We, the Riffraff

Suppose I disagree with you — say, on whether I have the right to bear arms. I favor, you oppose. (We’re just supposing here.)

In the heat of online argument, I call you a scoundrel or other unkind things. I am intemperate but avoid libel or threats. Should I be jailed? (Remember, we’re just supposing here. Don’t call the constables!)

You and I would say “No.” But we can’t take our freedom of intemperate speech for granted, or our freedom of any speech at all that ruffles the feathers of rulers like those currently ruling the roost in Virginia.

Our forefathers understood the danger of abusing power to squelch dissent. Hence the First Amendment’s sweeping protection of even obnoxious peaceful speech.

Yet right after launching a massive assault on our Second Amendment rights, Virginia legislators are now launching a massive assault on our First Amendment rights. House Bill 1627 would make a Class 1 felony of “Harassment by computer”: “threats and harassment,” “indecent language,” “any suggestion of an obscene nature” when directed against the governor or other Virginia potentates in state government. Possible penalties include jail time.

Who will decide when rhetoric is mean and vulgar, blunt and honest, or some jumble of all the above? Or when the bill’s ambiguous catchall provisions, if enacted, are being violated? 

Why, the only* people it’s meant to protect: those in government . . . who don’t like it when the people get angry and loud. 

This legislation does not defend you and me. The opposite of the First Amendment, it’s designed to keep us plebs — the riffraff — silent.

This is Common Sense. I’m Paul Jacob.


* The special protection pointedly covers only “the following officials or employees of the Commonwealth: the Governor, Governor-elect, Lieutenant Governor, Lieutenant Governor-elect, Attorney General, or Attorney General-elect, a member or employee of the General Assembly, a justice of the Supreme Court of Virginia, or a judge of the Court of Appeals of Virginia.”

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media and media people Second Amendment rights

Self-Defense Is for Everybody

Last week, Virginia’s infamous black-face governor claimed to possess “credible intelligence . . . of threats of violence surrounding” Monday’s “Lobby Day” gun rights rally in Richmond, including “extremist rhetoric similar to . . . Charlottesville in 2017.” 

Major media outlets went on a rampage, repeating his linkage between gun rights supporters and “white nationalists” faster than semi-automatic fire.

“Big media and mainstream media be damned,” announced a Virginia man recorded at yesterday’s event, and tweeted by social media entrepreneur Michael Coudrey. 

The unidentified but obviously black demonstrator jested, at first, that he was “out here because I got roped into it by the group of guys you see standing to my right.” But then he explained his opposition to “Governor Northam and the Democrats’ gun control” as well as “every news piece you’ve seen on this this weekend. . . .”

He objected especially to the incessant race angle — “as if it’s nothing but white rednecks and hillbillies out here who care for the Second Amendment. I work at a gun store part-time and I can’t tell you the number of customers I see of all races, all colors, all creeds who care about the Second Amendment.”

His account was corroborated by Julio Rosas, a senior writer at Townhall.com, who tweeted “pictures of people carrying rifles at the #VirginiaRally and more evidence that debunks the narrative that the rally is filled with racists and white supremacists.”

Yesterday, more than 22,000 pro-gun people of all races descended on the capitol in a completely peaceful exercise of First Amendment rights in defense of Second Amendment rights . . . making Richmond the safest city in America. 

This is Common Sense. I’m Paul Jacob.


NOTE: There was only one arrest at the rally, a woman charged with violating a 1950-era law against wearing face masks (like Hong Kong’s law). Rep. Alexandria Ocasio-Cortez (D-NY) voiced her displeasure that there weren’t more arrests.

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Second Amendment rights

Poked, Stoked and Woke

“Let’s have an honest conversation based on fact,” Virginia Gov. Ralph Northam chided in his annual State of the Commonwealth speech before assembled legislators last week. 

“Not fear.”

Last year, fear was more popular. In the frightful aftermath of a Virginia Beach city employee shooting and killing 12 co-workers, Northam was quick to call a special session of the legislature to pass gun control legislation. 

Republicans said no, however, and adjourned.

With Democrats newly in control of both chambers of the state legislature, the governor now runs interference for “a package of eight gun-restricting measures, including universal background checks; banning assault-style weapons; requiring owners to report lost or stolen guns; and a ‘red flag law’” — along with raising the legal age to purchase a gun from 18 to 21. 

“When the General Assembly passes new guns safety laws,” proclaims Attorney General Mark Herring, a Democrat, “they will be enforced, and they will be followed.”

In response, Virginia’s many Second Amendment defenders are stepping up. Already, more than 110 cities and counties have declared their status as Second Amendment sanctuaries.

“These resolutions have no legal force,” informs the AG, adding, “and they’re just part of an effort by the gun lobby to stoke fear.”

Oh, yes, unmistakable stoking has occurred. On January 20, the Virginia Citizens Defense League is organizing a massive lobby day at the capital, where the stoked will politically poke their delegates.

Join us.

This is Common Sense. I’m Paul Jacob.


* You may recall Northam as that fellow whose personal medical school yearbook page contained a photo of a man in black-face next to someone donning a KKK robe. First, the governor apologized, then reversed course, claiming he had no idea how the picture mysteriously materialized into the yearbook — though he acknowledged other instances of wearing black-face in the past. A limited investigation by a law firm hired by the medical school came to no conclusion and the media seemed to move on.

** Herring apologized for his own blackface past.

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Popular Second Amendment rights Tenth Amendment federalism

Assault on Second Amendment Ricochets

Were gun owners expected to roll over and play dead?

After the November 2019 election, Democrats took over the Virginia statehouse. A slew of gun-control bills were soon in the works, including proposals for expanded background checks, a ban on “assault” weapons, limits on magazine capacity, and seizure of legally owned guns if the owner should be deemed “dangerous.”

Defenders of the right to keep and bear arms expect that the precedents lawmakers are working to establish would soon be expanded. And not without reason. After all, many advocates of gun control regard all private ownership of guns as “dangerous.”

In response, more than 100 Virginia counties have passed resolutions declaring themselves Second Amendment Sanctuaries, with many sheriffs voicing their support. In response to the response, the gun grabbers pledge to call in the National Guard if law enforcers don’t grab guns on command. 

The state’s attorney general has declared the Second Amendment resolutions null and void.

This sanctuary movement began before November’s election. Indeed, it began elsewhere.

Last January, I wrote about sheriffs in 25 out of Washington State’s 39 counties that have pledged not to enforce a citizen-passed gun control measure while it is being challenged in court. David Campbell, on the board of Effingham County in Illinois, reports that his county was among the first in the country to pass a Second Amendment Sanctuary resolution — in April 2018. Seventy Illinois counties have also passed such resolutions. Kentucky counties are following suit. Locales in Colorado, Oregon, and New Mexico are also on board.

Something has started.

As with state nullification of federal marijuana laws, the story isn’t over: a major  constitutional conflict approaches.

This is Common Sense. I’m Paul Jacob.


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