With Virginia’s capitol still consumed by the chaos of scandal, an important legislative deadline passed last Friday without much fanfare.
According to the rules of the General Assembly, as noted on the session calendar, all requests by lawmakers to withdraw their sponsorship of legislation must be submitted to the clerk by 3:00 PM on Friday, February 15th.
While most bill sponsorships are without controversy, the passage of the deadline could prove electorally problematic for many of the 35 Democrats — a majority of those in the General Assembly — who signed on as sponsors of Delegate Kathy Tran’s (D-Springfield) failed late term abortion bill, introduced as HB2491, or its identical companion measure in the Senate, SB1451.
With the deadline now having passed, only one Democratic lawmaker has withdrawn sponsorship of the controversial bill, according to state records listing sponsorship for HB2491 as well as sponsorship of its senate companion, SB1451.
When introduced, 54% of Democratic lawmakers were active sponsors of the measure. Following claims by Delegate Dawn Adams (D-Henrico) that she failed to read the bill, and her subsequent withdrawal, 51% of Democrats remain co-patrons of the bill.
Delegates currently sponsoring either the House or Senate bill include: Hala Ayala (D-Woodbridge), Jeff Bourne (D-Richmond), Betsy Carr (D-Richmond), Jennifer Carroll Foy (D-Woodbridge), Lee Carter (D-Manassas), Wendy Gooditis (D-Clarke), Elizabeth Guzman (D-Dale City), Patrick Hope (D-Arlington), Jay Jones (D-Norfolk), Kaye Kory (D-Falls Church), Paul Krizek (D-Alexandria), Mark Levine (D-Alexandria), Alfonso Lopez (D-Arlington), Delores McQuinn (D-Richmond), Ken Plum (D-Reston), Cia Price (D-Newport News), Sam Rasoul (D-Roanoke), David Reid (D-Loudoun), Debra Rodman (D-Henrico), Marcus Simon (D-Falls Church), Kathy Tran (D-Springfield), Cheryl Turpin (D-Virginia Beach), Roslyn Tyler (D-Jarratt), Schuyler VanValkenburg (D-Henrico) Jeion Ward (D-Hampton), and Vivian Watts (D-Annandale).
Senators currently sponsoring either version include: Jennifer Boysko (D-Herndon), Janet Howell (D-Reston), Lynwood Lewis (D-Accomac), Mamie Locke (D-Hampton), Dave Marsden (D-Burke), Monty Mason (D-Williamsburg), Jennifer McClellan (D-Richmond), Dick Saslaw (D-Springfield), Scott Surovell (D-Mount Vernon),
During the height of the controversy, former Democratic Governor Terry McAuliffe distanced himself from the bill, as did Virginia’s US Senator, Tim Kaine. Both have confirmed, on the record, that they do not support Tran’s legislation, which they said went too far.
On the campaign trail this fall, Democrats who supported the bill will be unable to claim unawareness of their ability to withdraw their sponsorship.
Three weeks ago, on the House floor, Delegate Rob Bell (R-Albemarle) invited Democrats to join with Kaine and repudiate the bill, reminding lawmakers of their ability to see the clerk and withdraw their sponsorship.
“It is now Friday,” said Bell. “I would encourage all of my friends to take this chance to not let this week end without making it crystal clear where you stand on this law that we now all understand what it says.”
“If you’re a co-patron and wish to get off, you still can. You can walk down the aisle, talk to Mr. Nardo, and he will take you off as a co-patron of the bill.”
Only one has done so, suggesting that Democrats plan to continue embracing the legislation on the campaign trail, despite substantial public polling suggesting that abortion on demand in the third trimester is not popular with voters.
In a May 2018 Gallup survey, the non-partisan polling firm found that only 13% of Americans believed that abortion should “generally be legal” in the third trimester.
A February 2019 poll conducted by YouGov found that 66% of adults who identify as pro-choice oppose third trimester abortions.
The eleventh annual Marist Poll on attitudes towards abortion, conducted in January 2019, found that 75% of voters support limiting abortion to the first three months of pregnancy, including 61% of voters who identify as pro-choice. Only 30% of voters surveyed told Marist that “legal without restriction” best represented their view on abortion.
For Democrats, support from the abortion industry could be driving their resistance to even moderate restrictions embraced by strong majorities of voters.
Since 2017, Planned Parenthood has contributed nearly $2.5 million to Democratic campaigns, and $0 to Republicans, according to VPAP, making it one of the Democrats’ largest sources of campaign financing.
At a January press conference, Governor Ralph Northam, Lieutenant Governor Justin Fairfax, and Attorney General Mark Herring, along with more than a dozen Democratic lawmakers, announced their intention to campaign on the failed abortion bill in the fall, pledging that it would become law next year if Democrats succeed in capturing majorities in the House of Delegates and the Senate of Virginia.
Democratic House Minority Leader Eileen Filler-Corn (D-Fairfax) told the Richmond Times-Dispatch “there’s a lot of support for this type of legislation,” signaling her support for passing the measure if Democrats win a majority in November.
With campaign season set to begin following the General Assembly’s planned adjournment on Saturday, one thing remains clear: despite unfavorable public opinion, Democratic lawmakers aren’t backing away from their controversial position on Tran’s late term abortion bill, even as Governor McAuliffe and Senator Kaine distance themselves from the legislation.