Ken Cuccinelli

Ken Cuccinelli
Current candidacy
Running for Governor of Virginia
General election	November 5, 2013
Current office
Attorney General of Virginia
In office
January 16, 2010 - Present
Term ends
2013
Years in position	3
Party	Republican
Predecessor	Bill Mims (R)
Compensation
Base salary	$150,000
Elections and appointments
First elected	November 3, 2009
Campaign $	$6,155,706
Term limits	N/A
Prior offices
Virginia State Senate
August 2002 - January 2010
Education
Bachelor's	University of Virginia
Master's	George Mason University
J.D.	George Mason University School of Law and Economics
Personal
Birthday	July 30, 1968
Place of birth	Edison, NJ
Profession	Attorney
Religion	Roman Catholic
Websites
Office website
Campaign website

Kenneth "Ken" Thomas Cuccinelli II (born July 30, 1968, in Edison, New Jersey) is the current Republican Attorney General of Virginia, having been sworn into office on January 15, 2010. Prior to this, he had been a Republican member of the Virginia State Senate since 2002, representing the thirty-seventh congressional district.

Cuccinelli is the Republican nominee for Governor of Virginia in the 2013 election. He was the only gubernatorial candidate to file for the party's statewide primary convention by the January 14, 2013 deadline. He will face Democratic nominee Terry McAuliffe and Libertarian candidate Robert Sarvis in the general election on November 5, 2013.

A February 2013 article in Governing named Cuccinelli as one of the top state Republican officials to watch in 2013.

Biography

Cuccinelli is both the business owner and partner in the law firm of Cuccinelli & Day, PLLC, located in Fairfax, Virginia. He is a business attorney that specializes in intellectual property protection and patents, often serving as an independent counsel for smaller business owners. Additionally, Cuccinelli has served since 1997 as a court appointed lawyer for those individuals placed within the state's involuntary civil commitment process.

Other roles:

• Member/Chair, Advisory Committee, Virginia's Juvenile Justice and Delinquency Prevention (1994-1999)
• Sully Representative, Advisory Committee, Fairfax County Public Schools Social Studies (1998-1999)
• Member, Board of Directors, Families Incorporated (1998-2000)
• Volunteer Coach/Referee, Basketball
• Member, Defenders of Property Rights
• Member, Fairfax Bar Association
• Member, Fairfax Bar Association
• Member, Saint Andrew's Catholic Church
• Member, Virginia State Bar Association
• Member, Commission on the Prevention of Human Trafficking
• Member, Joint Subcommittee to Study Liability Protections for Health Care Providers
• Member, Public/Private Partnership Advisory Commission
• Member, Virginia Alcohol Safety Action Project
• Member, Virginia Supreme Court Commission on Mental Health in the Justice System

Education

• Graduated from Gonzaga College High School (1986)
• Bachelor's degree, University of Virginia in mechanical engineering
• Juris Doctorate degree, George Mason University School of Law
• Master's degree, George Mason University in international commerce and policy

Political Career

Virginia Attorney General (2009-present)

Issues

Immigration

On Monday, August 2, 2010, Cuccinelli published an opinion based on an inquest made by State Representative Bob Marshall concerning Prince William County's implementation of a "law that requires police to check the immigration status of everyone they arrest -- but not everyone they come in legal contact with." Virginia's top law enforcer argued that state "law enforcement officers, including conservation officers may, like Arizona police officers, inquire into the immigration status of persons stopped or arrested." Cuccinelli noted, however, that, unlike under Arizona's SB 1070, Virginia state law does not require them to do so.

Nearly two weeks after the United States Justice Department filed suit against the state of Arizona over its anti-illegal immigration law, Senate Bill 1070 - The Support Our Law Enforcement and Safe Neighborhoods Act (SB 1070), contending that it "interferes with federal immigration responsibilities," Cuccinelli joined eight other Republican state attorneys general in filing an amicus brief in support of the measure. The Virginia Attorney General remarked that he was stunned by the suit considering that "Arizona's law maintains the "joint federal-state cooperative immigration enforcement program" established by Congress," rather then combats it as United States Attorney General Eric Holder contends.

Environment

Cuccinelli announced on February 17, 2010, that he had filed petitions with the Environmental Protection Agency (EPA) and the United States Court of Appeals in Washington, D.C. to reverse a finding by the Obama administration that declared carbon dioxide a danger to public health that contributes to global warming. He is one of two state attorneys general, both Republican, openly challenging the Democratic White House on this issue.

Freedom of information laws

In May 2013, it was reported that Cuccinelli believes Virginia's freedom of information laws do not apply to the Office of the Attorney General. While the office has continued to respond to requests for documents under the law, the fulfilled requests began including information saying FOIA does not apply to the office, citing a 2011 Virginia Supreme Court case. The case in question, Christian v. SCC, ruled that since the Virginia State Corporation Commission's authority comes not from the legislature but is created in the Virginia Constitution, it is not considered a "public body" and is therefore exempt from public records law. Senior Assistant Attorney General James E. Schliessmann said that since the Office of the Attorney General is also constitutionally established, it is also exempt from FOIA.

Healthcare reform

See also: State Attorneys General Against the Patient Protection and Affordable Care Act of 2010

One week after the Virginia General Assembly passed a "bill that would make it illegal for the [federal] government to require individuals [within the state] to purchase health insurance," a precautionary measure being considered by thirty-seven other states in case Congressional Democratic leadership in Washington D.C. were able to pass their far-reaching healthcare reform legislation, Cuccinelli announced "Virginia will file suit against the federal government if" the United States House of Representatives passed the Senate version of the healthcare measure, as was expected to occur before the Easter recess

In addition to this, the Virginia Attorney General also issued a letter addressed to House Speaker Nancy Pelosi (D-California) warning her that if she chose to enact the healthcare reform bill through the use of the "deem and pass" or Slaughter Solution, which would avoid the need for a conventional House vote, more constitutional challenges would be filed by the states, including Virginia. Speaking with Greta Van Susteren on her FOX News program on Thursday, March 18, Cuccinelli said he would appear in court the very next week after President Obama signed the bill if the House used the unconstitutional "deem and pass" rule to enact it. Ultimately, the House decided against using the controversial tactic to pass the Senate's version of the health care bill.

The morning after the United States House of Representatives narrowly passed the Senate reconciliation bill, Cuccinelli said he would follow through with his threat and file suit against the federal government. He was expected to "argue that the bill, with its mandate that requires nearly every American to be insured by 2014, violates the commerce clause of the U.S. Constitution."

After Cuccinelli filed suit in Commonwealth of Virginia v. Sebilius on Tuesday, March 23, 2010, the federal government responded by moving to have Cuccinelli's lawsuit dismissed. In a press release, Cuccinelli cited the Tenth Amendment, arguing that Virginia had sovereignty on healthcare policy because the Constitution of the United States did not give the federal government the power to mandate that all citizens purchase a product or service. Thus, Cuccinelli argued, under the Tenth Amendment, the Virginia Healthcare Freedom Act should remain sovereign. He added this opinion to his argument based on the Commerce Clause.

The Virginia Attorney General argued not only would the litigation against the federal health care measure cost no more than the $350 legally required filing fee, it could ultimately "save the commonwealth more than $1 billion in estimated costs." The health care overhaul is expected to cost the state of Virginia $1.1 billion over seven years, beginning in 2015, mainly as a result of the new Medicaid requirements, according to estimates calculated by the governor's office.

Virginia Attorney General Kenneth Cuccinelli told Greta Van Susteren that the ruling finding the individual mandate unconstitutional eliminates the funding mechanism for Obamacare.

On Monday, August 2, 2010, the Honorable Henry Hudson, a federal judge for United States District Court for the Eastern District of Virginia, ruled "that the state of Virginia could proceed with its challenge to President Barack Obama's landmark healthcare law." Though refusing to comment on the arguments in the case at this point, Hudson did however note that the issue raised by the states, specifically whether or not the federal government has the authority under the Commerce Clause to force citizens to purchase insurance, had not yet fully been tested in the court system. Furthermore, he stated that he had "not [been] persuaded that the Secretary has demonstrated a failure to state a cause of action with respect to the Commerce Clause element."

On October 18, 2010, the first day the suit was presented before the court, Judge Henry E. Hudson remarked that he would have a decision by the end of the year. However, he also acknowledged that his decision would be "only one brief stop on the way to the United States Supreme Court.”

Nearly two months later, Judge Hudson had reached a decision, ruling that the requirement that all individuals purchase health care coverage under the "individual mandate" exceeded "the constitutional boundaries of congressional power." He rejected the Obama Administration's argument that the federal government has the authority to implement the "individual mandate" under the provisions of the Commerce Clause of the United States Constitution. Judge Hudson noted that “same reasoning could apply to transportation, housing or nutritional decisions” and that “this broad definition of the economic activity subject to congressional regulation lacks logical limitation.” In spite of his ruling striking down a key component of the federal health care reform measure, Judge Hudson refused to issue an injunction "stopping implementation of the entire law," noting that the unconstitutional elements of the law could be severed from the whole. But since the "individual mandate" "collects most of the money that is supposed to flow into the system from millions of additional participants," analysts contend, the loss of this portion of the law makes its execution "severely compromised and could rock the foundation of other provisions in the legislation."

State-funded charities

Cuccinelli's office released an advisory opinion in early 2011 regarding state funding for charities, which triggered scrutiny of how to fund charities with tax dollars as they develop criteria to weed through hundreds of nonprofits current receiving state funding.

Eleven agencies were involved in scrutinizing non-contracted services for potential problems. In the Health Department alone, 56 charities were flagged. Of those, 26 had their payments delayed until a formal contract could be drafted, state Secretary of Finance Ric Brown told lawmakers.

State officials were to determine if funding for the three nonprofits — a hospice, a heritage trail and a historical preservation fund — was being lawfully given.

The state Department of Planning and Budget released a mid-review report of the 54 nonprofit organizations and programs slated to receive more than $23 million in 2011 and about $24 million in 2012. The report responds to Cuccinelli’s opinion that charitable giving by the government is unconstitutional.

As of May 20, 2011, 11 charities complied with the Virginia Constitution, while 14 nonprofits were encouraged to draw up contracts with the state for the services provided, according to the report. No opinion was listed for 26 charities, because they did not seek one from the attorney general’s office or did not provide that information to the state Department of Planning and Budget.

Controversies

Birther accusation

Though Cuccinelli didn't question Barack Obama's place of birth, he had to clarify a comment that critics contended was an endorsement of "birther" claims "that President Obama may not have been born in the United States."

When questioned in an interview conducted by an online blogger about the Obama birth certificate controversy, Cuccinelli remarked that "it will get tested in my view when someone -- when he signs a law, and someone is convicted of violating it and one of their defenses will be it's not a law because someone qualified to be President didn't sign it."

On the exact same day these allegations were made, Cuccinelli released a statement insisting that he believed President Barack Obama was born in the United States. He remarked that in the interview he "was asked a hypothetical legal question, and I gave a hypothetical legal answer in response."

Virginia State Senate (2002-2010)

Cuccinelli was first selected to represent the public in the State Senate when he won the August 2002 special election held to replace Warren Barry, who resigned in order to serve on the Virginia Alcoholic Beverage Control Board. During his tenure, he operated within the Senate Courts of Justice, Transportation, Local Government, and the Rehabilitation and Social Services committees.

Issues

Abortion

As a state senator, Cuccinelli sponsored a number of pro-life/anti-abortion legislative measures designed to discourage the medical practice, including a requiring doctors to anesthetize fetuses after the first trimester and requiring physicians who perform abortions on pregnant girls 15 years old or younger to preserve the fetal tissue for the purpose of determining whether the pregnancy is the result of criminal behavior.

Later, during the course of his 2009 campaign for Attorney General, he received the endorsement of the Republican National Coalition for Life.

Gun control

During his tenure as a member of the State Legislature, he sponsored several anti-gun control measures, including bills repealing the state prohibition on carrying a concealed handgun in a restaurant or club and recognizing concealed handgun permits or licenses issued by another state.

For these and other actions, Cuccinelli received the endorsement of the National Rifle Association (NRA) in his 2009 campaign for Attorney General.

Immigration

In the Virginia General Assembly, Cuccinelli introduced a measure calling upon the United States Congress to call for a constitutional convention to amend the Fourteenth Amendment of the Constitution to revoke the citizenship rights for children of illegal aliens born on United States soil in addition to a bill making an employee's inability or refusal to speak English at the workplace, in violation of a known policy of the employer, to be constituted as misconduct and disqualify that individual from receiving unemployment compensation benefits from Virginia Employment Commission (VEC).

State song

On January 30, 2006, Cuccinelli filed an amendment to a bill to designate the official state song as "Taxman" by the Beatles. He said his constituents would feel a connection to the song as "they feel like all they ever get from Richmond is more taxes." The amendment was not taken up for consideration.

Elections

2013

See also: Virginia gubernatorial election, 2013

Cuccinelli is the Republican nominee for Governor of Virginia in the 2013. He was the only gubernatorial candidate to file for the party's statewide primary convention by the January 14, 2013 deadline.

Race background

Current Virginia Governor Bob McDonnell (R) is ineligible to run for re-election in 2013 because of term limits. The term limits Virginia imposes on its governors are more strict than any other state in the country: under the commonwealth's constitution, no governor may serve back-to-back terms. This means that McDonnell, unlike other governors in their first term, is ineligible to run for re-election until a full term has passed.

There are no such term limits on the attorney general, and many were surprised at current AG Ken Cuccinelli's (R) decision to run for governor rather than seek another term. If not for Cuccinelli, Lieutenant Governor Bill Bolling would have been the frontrunner for the Republican nomination to succeed current Governor Bob McDonnell. Bolling expressed more disappointment than surprise that Cuccinelli had chose to challenge him in the gubernatorial primary rather than be his lieutenant gubernatorial running-mate, noting "nothing he does surprises me."

Bolling suspended his campaign on November 28, 2012, citing his slim chances beating tea party favorite and attorney general Ken Cuccinelli for the party's nomination. Bolling's withdrawal stems from a decision by Virginia Republicans to change their method for selecting gubernatorial nominees from open primary election to closed nominating convention. Although Bolling was explicit about ending his pursuit of a place on the Republican ticket, he waited until March 12 before ruling out the possibility of running as an independent candidate instead. About the alternative of seeking re-election to his current post, Bolling stated that, “Under normal circumstances, I would be open to the possibility of running for another term as lieutenant governor, but I would not be interested in running on a statewide ticket with Mr. Cuccinelli.” He later said he regretted dropping out of the race as early as he did.

McDonnell had previously pledged his support for Bolling's candidacy- in part because Bolling refrained from challenging McDonnell for governor in 2009. After Bolling bowed out, McDonnell chose to endorse fellow Republican Cuccinelli for his successor, despite Cuccinelli's outspoken opposition to McDonnell's Transportation Initiative, which is considered to be the centerpiece of his gubernatorial legacy. Ironically, Cuccinelli's future general election opponent, former Democratic National Committee Chairman Terry McAuliffe, has been equally outspoken on the issue, but as an advocate and defender of the outgoing governor's approach to amending the state's transportation funding policy.

In response to the major party nominees, the Libertarian Party held a special convention and nominated Robert Sarvis as the party's official gubernatorial candidate.

Like Cuccinelli and Sarvis, McAuliffe faces no primary contest. The three contenders will square off in the general election on November 5, 2013.

Polls

February 2013-present

Governor of Virginia: Cuccinelli v. McAuliffe
Response	Quinnipiac University (Feb. 14-18, 2013)	Roanoke College Poll (April 8-14, 2013)	Washington Post (Registered Voters) (April 29-May 2, 2013)	Washington Post (Likely Voters) (April 29-May 2, 2013)	NBC News/Marist Poll (April 28-May 2, 2013)	Quinnipiac University (May 8-13, 2013)	Average
Terry McAuliffe (D)	38%	29%	41%	41%	43%	43%	39.17%
Ken Cuccinelli (R)	38%	34%	46%	51%	41%	38%	41.333%
Undecided	21%	38%	13%	8%	16%	17%	18.833%
Number polled	1,112	629	887	663	1,095	1,286	945.33
Margin of error	+/-2.0	+/-3.9%	+/-4.0%	+/-5.0%	+/-3.0%	+/-2.7%	3.43%
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org

Endorsements

Cuccinelli's 2013 gubernatorial campaign has been endorsed by outgoing incumbent Gov. Bob McDonnell.

Campaign ads

Cuccinelli releases first TV spot entitled "All About" introducing himself as gubernatorial candidate - April 26, 2013

Cuccinelli prescribes tax cuts for small businesses and middle-class families and closing tax loopholes in second ad, "Your Side" - May 13, 2013

Controversies

Staying on as attorney general

It is the custom of Virginia attorneys general running for governor to resign in the final year of their terms. Without exception, the previous six consecutive elected attorneys general sought the governorship and stepped down early for campaign purposes. After Cuccinelli cemented his party's nomination for governor on January 13, 2013 (he was the only Republican to file the necessary paperwork by the convention's deadline), he stated publicly that he intended to serve the entirety of his current term as attorney general. Cuccinelli's decision to break with tradition elicited criticism from Democrats and outgoing incumbent Bob McDonnell, who resigned the attorney general's post in February of 2009 before winning election as governor that November. Those criticizing Cuccinelli argue that absent this custom, the "full-time" demands of the attorney general's office cannot be met, and that taxpayers deserve more than a part-time leader. Another reason attorneys general typically do not hold on to their jobs while seeking the top office is that there is a fundraising disadvantage associated with double duty. Virginia election law does not allow state officials running for state office to raise money for their campaigns during the General Assembly session, which began last week and will run 46 days.

Cuccinelli defended his decision, saying, “When I was running for attorney general, both I and my opponent promised to serve out all four years,” and reassured constituents that he felt confident in his ability to balance the roles of attorney general and gubernatorial candidate, as many others he consulted, such as Pennsylvania Gov. Tom Corbett (R), have managed to do without neglecting their responsibilities in the past.

“Whether I stay or go, Democrats are going to criticize me,” Mr. Cuccinelli said. “I’d rather they criticize me for keeping my word.”

Convention

Lieutenant governor Bill Bolling (R) had also been in the race, but he suspended his campaign on November 28, 2012, citing his slim chances beating Cuccinelli, the tea party favorite, for the party's nomination under the newly instated nominating convention setting. Effective in 2013, the Republican party nominates its gubernatorial, lt. gubernatorial, and attorney general candidates via convention (that is, delegate vote) rather than statewide primary election. Although Bolling was explicit about ending his pursuit of a place on the Republican ticket last November, he waited until March 12, 2013 before completely ruling out the possibility of running as an Independent candidate instead.

Following his initial withdrawal from the Republican gubernatorial race, Bolling commented about the alternative of seeking re-election to his current post as lt. governor, stating that, “Under normal circumstances, I would be open to the possibility of running for another term as lieutenant governor, but I would not be interested in running on a statewide ticket with Mr. Cuccinelli.” Bolling made a formal announcement on his decision to end his campaign altogether on his official campaign website on March 12, 2013.

Incumbent Gov. McDonnell, term-limited from seeking re-election in 2013, had previously pledged his support for Bolling's candidacy- in part because Bolling refrained from challenging McDonnell for governor in 2009.

2009

Cuccinelli defeated Democrat Stephen C. Shannon for attorney general in the November 2009 general election, earning 57.51% of the total vote.

• 2009 Race for Attorney General - General Election

Attorney General of Virginia, 2009
Party		Candidate	Vote %	Votes
	Republican	Ken T. Cunccinelli II	57.5%	1,124,137
	Democratic	Stephen C. Shannon	42.4%	828,687
	N/A	Write-in	0.1%	1,772
Total Votes				1,954,596

• 2009 Race for Attorney General - Republican Primary

• Ken Cuccinelli ran unopposed in this contest

Campaign donors

Comprehensive donor information for Cuccinelli is available dating back to 2003. Based on available campaign finance records, Cuccinelli raised a total of $6,155,706 during that time period. This information was last updated on May 8, 2013.

Ken Cuccinelli's Campaign Contribution History
Year	Office	Result	Contributions
2011	Virginia Attorney General		$1,298,603
2009	Virginia Attorney General/VA State Senate*		$3,152,043
2007	VA State Senate		$1,109,717
2005	VA State Senate		$163,477
2003	VA State Senate		$431,866
Grand Total Raised			$6,155,706
*In 2009, Cuccinelli raised $68,661 for his Senate seat, which was not up for re-election, and $3,083,382 for the Attorney General race, which he won.

2009

Ballotpedia collects information on campaign donors for each year in which a candidate or incumbent is running for election. The following table offers a breakdown of Ken Cuccinelli's donors each year. Click [show] for more information.

Ken Cuccinelli's Campaign Contributions
	2009 Attorney General of Virginia
Total Raised	$3,083,382
Total Raised by General Election Opponent	$3,559,067 (Dem)
Top 5 contributors	Republican State Leadership Committee	$241,000
	Lynn W Via	$136,348
	Virginia Republican Party	$100,000
	Cuccinelli for Senate	$96,244
	Quest Fore	$63,271
Individuals	$1,420,839
Institutions	$941,758
In-state donations	$2,115,860
Out-of-state donations	$686,404

Recent news

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Ken Cuccinelli News Feed

• Cuccinelli says attorney general's office is exempt from Virginia public ... - Washington Post
• A Message from Virginia Attorney General Ken Cuccinelli on the RKBA - AmmoLand.com (press release)
• Poll: Terry McAuliffe pulls ahead of Ken Cuccinelli in race for Va. governor - Washington Post
• Virginia AG Ken Cuccinelli becomes state's GOP gubernatorial nominee - Deseret News
• Ken Cuccinelli nominated for governor by Virginia GOP - WJLA
• Va. GOP Nominates Ken Cuccinelli - MyFox Washington DC
• Planned Parenthood Launches Ads Against Ken Cuccinelli, Virginia ... - Huffington Post
• Va. officials formally nominate Cuccinelli for governor - Washington Examiner
• Cuccinelli Formally Accepts GOP Nomination In Va. Guv Race - TPM
• Ken Cuccinelli ordered probe of Bob McDonnell - Politico

Personal

Cuccinelli currently resides in Fairfax County, Virginia with his wife of nineteen years, Alice Monteiro, and their seven children. He is also a practicing Roman Catholic. In 2008, he was received the Legislator of the Year Award from Family Foundation.

Contact information

Capitol Address:
Office of the Attorney General
900 East Main Street
Richmond, VA 23219

Phone: (804) 786-2071

See also

• Attorney General of Virginia
• Governor of Virginia
• Lieutenant Governor of Virginia
• Virginia Secretary of State

External links

Suggest a link

• Official Campaign Website

Campaign on Facebook

Follow Campaign on Twitter

Campaign YouTube channel

• Official Virginia Attorney General website

• Summary, biography, voting record, and interest group ratings at Project Vote Smart
• Campaign contributions at Follow The Money
• Profile at Facebook
• Profile at Twitter
• Profile at Wikipedia

References

Political offices
Preceded by Warren Barry	Virginia State Senate 2002–2009	Succeeded by Dave Marsden
Preceded by Bill Mims (R)	Virginia Attorney General 2009–present	Succeeded by NA