It’s Time to Update Campaign Finance Law in Virginia

Overall, Virginia’s rules governing campaign finance can be regarded as abysmal: in most categories, Virginia ranks among the worst states regarding donation limits, regulations on the spending of said donations, and enforcement capabilities. There have been multiple attempts to rein in these problems, but no significant legislation has been passed by either party. While campaign finance is not as long-standing as many other issues obstructing Virginia’s democracy, it is indisputably one of the most significant today. 

Prior to the 1990s, there was no monitoring or regulating of campaign finance in Virginia. However, in 1997, local newspapers—in their joint effort to check the increasing influence of big-money donors—created the Virginia Public Access Project (VPAP). Over the subsequent years, VPAP began publishing reports on campaign donations across the state, hoping that more transparency would lead to fairer elections. However, VPAP lacked any means of punishing violations. During this same time, while other states in the country began passing laws curtailing the amount of money allowed to be donated and passing restrictions on who could donate, Virginia did not enact any similar legislation.

 Similarly, over the years, two Governor-initiated studies were conducted (in 1994 under Gov. Wilder and in 2014 under Gov. McAuliffe); while each identified numerous issues with the current system of campaign finance law, neither study resulted in meaningful reforms. 

Today, Virginia still needs significant reform to campaign finance law. There are many areas of campaign finance that lack any laws or regulations in the Commonwealth: personal use of campaign donations, limits on the amount of money given by individuals or PACs (both in state and out of state), sanctions for incomplete or inaccurate campaign finance disclosure forms, and the use of dark money. Comparatively, according to a 2020 study by the Coalition for Integrity, Virginia ranks 46/51 on an index of eight questions about the laws and agencies in place to protect against ethical violations. Further, Virginia’s indexed score decreased from 2018 to 2020. Ultimately, Virginia’s campaign finance issues are two-fold: no enforcement ability and no laws to enforce.

In sum, Virginia’s lack of campaign finance regulations harms its democracy. With no legislation or enforcement capabilities, Virginia has a lot of work to do if we hope to catch up to the majority of states in this vital area. Many efforts to reform campaign finance law in Virginia failed to make it to a vote on the floor of either house, having been killed at the committee level. Virginia legislators can take in as much money as they want, from whomever they want, and spend it however they see fit.  Citizens must work together to rein in these practices, as there is little incentive for legislators to change a system that funds their re-election.  While campaign finance issues might seem remote to some, they impact issues such as the costs associated with energy, prescription drugs, minimum wage, daycare costs, and environmental issues, among many others.  Last session, Common Cause Virginia, along with our partners, polled candidates for the 2023 elections to understand where they stood on campaign finance and other good governance issues, see if your elected officials signed on by checking here.