Fellow Democrats, and Members of the DPVA Steering and Central Committee;
The Democratic Party of Virginia has received inquiries over the last several days regarding Va. Code § 2.2-435, commonly known as the “Chairman’s Law”, and whether that law would prohibit someone who is registered to lobby at the federal level of government from serving as Chairman of the Democratic Party in Virginia.
Typically Seth Stark, the Democratic Party’s legal counsel in most matters, would have been approached to render this opinion. However Mr. Stark has a history of contributing to one of the individuals currently seeking the Chairmanship, and I did not want the merits of the legal opinion or Mr. Stark’s own personal credibility challenged or compromised in any way.
I therefore turned to Mr. Neil Reiff, of the law firm Sandler Reiff and Young, who also serves as a legal representative of the Democratic Party of Virginia. Mr. Reiff has argued before the Supreme Court, and is regarded as one of the nation’s leading authorities on the laws governing the operation of state parties. Mr. Reiff’s analysis of the law is provided in the attached memorandum. The finding of his opinion states clearly that Va. Code § 2.2-435 only applies to individuals registered to lobby the Virginia state government. Therefore it is necessary to conclude that an individual registered to lobby at the federal level, or registered to lobby in another state, should not be prevented from seeking the office of Chair of the Democratic Party of Virginia.
Updated: Sandler, Reiff and Young wants our organization [DPVA] to know that licensed Virginia attorneys like Elizabeth Howard assisted in the drafting of this opinion. Neil Reiff was listed on the original document because he is our legal counsel, but he had assistance from members of the Virginia bar every step of the way.
As Chairman, I will use this legal opinion to guide my decision making through this process.
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I would also like to use this opportunity to impress upon my fellow Democrats the need for civility and respect in this election. Just recently, the state party underwent an election for the Vice-Chair for Organization position, electing Gaylene Kanoyton at our quarterly meeting in Charlottesville. While that race was hard fought, I was pleased that both candidates and their supporters maintained a minimum level of personal respect. When harsh personal attacks arose, both Gaylene and Susan were quick to discourage them. In the end, the organization was able to elect an individual to an important position and give them the respect and support they needed to succeed in the job.
As the election process for a new Chair moves forward, I would ask that all the candidates encourage among their supporters a sense of civility and common decency. By focusing the discussion on ways to improve the organization, and discouraging personal attacks, we can all take shared ownership in the future success of the party – regardless of who is elected Chair.
Thank you,
Dick Cranwell