Ken Cuccinelli, class of 1991 alumnus and former Virginia Attorney General, will not be confirmed as a member of the University's Board of Visitors — at least according to a Virginia Senate committee, run by Democrats.
The Virginia Senate Privileges and Elections Committee voted not to confirm Cuccinelli’s appointment Tuesday on a party line vote, eight to four, with three Republicans absent. The Committee also blocked appointees to the Board of Visitors at other Virginia schools.
The Cavalier Daily reached out to Cuccinelli, but he declined to comment.
Republicans say that this is not the end of the road for Cuccinelli’s appointment. In a statement, Peter Finocchio, press secretary for the governor, said that according to Article V of the Virginia Constitution, the appointments must be considered by the full General Assembly, and that the Senate committee does not have the power to strip the nominees from their posts.
A full vote by the General Assembly takes place 30 days into a legislative session, and the next one will not happen until the beginning of 2026 unless Gov. Glenn Youngkin calls a special session.
Democrats meanwhile argue that a special session called in 2024 was never actually concluded, making the committee’s vote sufficient to deny Cuccinelli’s appointment. The debate over the Virginia Constitution sets up a showdown between Democrats and Republicans in an election year for the Commonwealth.
Even if the vote was brought to the full General Assembly, it is still likely that the Democrats block the appointments. They have slim majorities in both the Senate and House, and have the opportunity to expand their House majority later this year.
The governor’s office is accusing Democrats of playing politics in an election year. State Sen. Aaron Rouse, D-Virginia Beach, will face off against five other Democrats in a highly fought over primary for lieutenant governor next Tuesday. The governor’s Communications Director Rob Damschen said this is a last minute “political sideshow” before the election.
“This sloppy attempt to boost one of the candidates is not only completely out of order with general assembly procedures, it also costs Virginians thousands of dollars,” Damschen said in a written statement. “They should be ashamed.”
Damschen said that the appointees will continue to serve in their posts. Rouse’s office did not respond to a request for comment.
Even if the Democrats have the majority in the Assembly, it is unclear if they could force Youngkin’s nominees to resign their posts while the Republicans dispute the procedure. The University did not respond to a request for comment or give any additional details about the path forward.
Cuccinelli was appointed by Youngkin in April after Youngkin removed former Board member Bert Ellis for violating the code of conduct. Ellis was outspoken against Diversity, Equity and Inclusion efforts at the University and had faced a tough confirmation battle himself.
Youngkin’s choice to replace Ellis was not without controversy. Cuccinelli is a contributor to Project 2025, a conservative agenda authored as a recommendation for a Republican president, and had previously served in the Trump administration. As attorney general, he opposed LGBTQ rights and challenged the Affordable Care Act and climate regulations.
In the most recent annual University Board of Visitors meeting Thursday to Friday, Cuccinelli proposed an amendment regarding the Secretary of the Board, arguing that the Secretary should report directly to the Board, not to the University President. The Board deferred a vote on this amendment to September.