Sen. Aaron Rouse (D-22) introduced Senate Bill 49 earlier this month, following the beginning of the General Assembly’s 2026 Regular Session Jan. 14. The bill redefines the current provision that gubernatorial appointees — such as those to the University’s Board of Visitors — must be “appointed and qualified” to serve in their posts. The bill would instead require appointees to satisfy all statutory requirements, take the oath of office and be confirmed by the General Assembly before entering office.
Currently, Virginia law permits gubernatorial appointees to exercise the powers of their office immediately upon appointment by the Governor, often months before the General Assembly can convene to vote on their confirmation.
This practice of making “interim appointments” — appointments made without confirmation of the General Assembly, often when it is out of session — has historically allowed administrative leadership to continue operations without being bound by the legislative calendar. In a statement to The Cavalier Daily, Larry Sabato, director of The Center for Politics and Politics professor, explained that this custom is well-established in Virginia politics.
“Gubernatorial appointments to unpaid boards and commissions were considered the purview of the executive, and even though legislative confirmation was required, only very rarely were formal hearings held or votes recorded,” Sabato wrote. “Often they were approved by the General Assembly in a bloc vote. Occasionally a nominee emerged as controversial and more scrutiny was applied.”
Sabato described the process by which legislatures use bloc voting to confirm multiple appointees in a single vote. Typically, the party holding the majority employs this strategy to expedite the process of confirmation, or blocking of confirmation. Ben Goehring, assistant professor of Public Policy and Politics, said that interim appointments are also common at the highest levels of government.
“Interim appointments are not unique to Virginia,” Goehring said. “At the federal level, presidents often fill vacancies to Senate-confirmed positions with interim appointees before the Senate has had an opportunity to vote on the appointee.”
Strategically, such appointments have allowed executive leaders to further political agendas without the possibility of partisan confrontation, especially in divided governments.
“If government is divided and the legislature is controlled by the opposite party, using interim appointments can allow executives to get key allies in important bureaucratic positions while postponing, or even avoiding, confirmation hearings,” Goehring said.
Goehring explained that the proposed legislation would likely redistribute power between the legislature and the executive. Authority that has been traditionally reserved by the governor is set to be significantly constrained by legislative supervision.
“SB-49 is certainly an attempt by the General Assembly to wrestle power from the state governor,” Goehring said. “Given the widespread concern among Democrats in the General Assembly about recent happenings at U.Va., it would not be surprising if it passed.”
The bill comes after a turbulent period of time for University leadership, in which Spanberger requested the resignations of five Board members Jan. 16 and appointed 10 new members the next day, upon her inauguration Jan. 17. The Board has also been the subject of intense scrutiny from students and faculty alike regarding the presidential search for University President Scott Beardsley, with many University-affiliated groups calling the search rushed and expressing that the process lacked faculty and student input.
Upon former University President Jim Ryan’s resignation following pressure from the Justice Department, the Board was largely composed of members appointed by former Gov. Glenn Youngkin (R). However, some members who served after being appointed by Youngkin were never officially confirmed by the General Assembly.
Ken Cuccinelli (R), former attorney general and Class of 1991 alumnus, for example, was appointed to the Board in April 2025 after former Board member Bert Ellis was fired. However, after serving for two months, the Virginia Senate Privileges and Elections Committee voted to block his appointment in June. In addition to Cuccinelli, the Senate voted down the confirmation of four other University Board members, 10 Board members at George Mason University and seven for the Virginia Military Institute this summer.
Sabato noted the importance of having the ability to block appointments to the Board.
“Glenn Youngkin was an especially controversial governor in the higher education sector,” Sabato said. “Votes on gubernatorial nominees were one of the few checks and balances that Democrats had.”
Rouse has cited concerns over whether the Governor has enough checks and balances as the primary motive driving support for the bill, specifically referencing the power governors have over boards in higher education. The senator has also stated his support for the Spanberger administration, their new appointments and a review of the appointment process.
Democrats control all key offices and hold majorities in both chambers of the General Assembly, but Goehring mentioned that installing a barrier in the way of gubernatorial appointment might lead to administrative inefficiencies in future governments. According to Goehring, in cases where the General Assembly and the Governor's office are controlled by different parties, the confirmation of appointees could become the subject of prolonged political contest.
“While policies like this certainly represent a check from the General Assembly on the Governor, there can be downsides in the long run too,” Goehring said. “Since interim appointments will no longer be possible, this could mean that Boards lack quorums for doing business and agencies lack leadership.”
SB-49 has been referred to the Senate Privileges and Elections Hearing Committee, on which Rouse serves as Chair. The bill is in committee as of Jan. 27.
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