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Bond vote steals spotlight from other referenda

Though the General Obligation Bond has received a lot of attention in the past several months, three other issues that will appear on the Nov. 5 ballot have gone largely unnoticed.

In addition to the bond referendum, on the ballot for voter approval are a constitutional amendment that would eliminate the so-called "21-day rule" for evidence in a criminal trial, an amendment regarding tax-exempt property and a $120 million bond for state parks.

The 21-day rule states that new evidence cannot be considered in a criminal case if 21 days have passed since the date of conviction.

Law Prof. Richard Bonnie explained that convicted persons cannot get an appeal when they find new evidence that could prove their innocence.

"Usually there is no right for a do-over or else we could be relitigating every criminal case that comes to court," Bonnie said. "The exception [in the amendment] is for cases when new DNA and biological evidence becomes available after the trial."

Virginia Sen. Creigh Deeds, D-Bath, emphasized the significance of this proposed elimination to the 21-day rule.

"Most agree that justice needs some finality, that there needs to be a time to say enough is enough, but justice certainly shouldn't be limited to 21 days," Deeds said.

Politics Prof. Larry J. Sabato said he feels that the wording of the amendment might lead voters to vote against it.

"Virginians tend to vote against any measure that's soft on crime, and due to certain 'hot button' and legalistic terms in the text of the amendment, people may be turned off," Sabato said. "But you just never know with this type of amendment."

The second constitutional issue on the ballot has to do with giving local governments the power to grant tax exemptions to property used for charitable or religious purposes.

"Some might say that the localities could provide exemptions and then turn to the General Assembly asking for more money," Deeds said. "But the trend in Virginia is to trust the local governments and to give them this power."

Del. Mitchell Van Yahres, D-Charlottesville, said this amendment would simplify the tax exemption process and take the load off the General Assembly.

Sabato, however, emphasized the importance of having a check on local government so they don't get out of control.

The final issue on the ballot is a bond for State Park maintenance and modest expansion.

Del. Robert Bell, R-Albemarle, said that this is the third referendum in the past three years for parks and is mainly due to the doubling of Virginia park visitation in the past decade.

"This referendum is the efficient way to spend government money on capital expenditures due to the low interest rates, while also providing the public with more recreational opportunities," Bell said.

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