Casino Money, Influence Show Value Of Campaign Finance Reform: Expert

RESTON, VA — Comstock Holding Companies made $1.2 million in campaign contributions over the last two years in its efforts to build a casino in Tysons, according to state finance filings reported by the nonprofit Virginia Public Access Project.

While that money didn't help push the enabling legislation through the 2024 Virginia General Assembly, it does raise questions about the effect large donations have on the political process, some experts said.

"I'm concerned about just how expensive races have gotten," Del. David Bulova (D-Fairfax) told Patch. "Virginia has been breaking new records, not in a good way, when it comes to just the cost of these races. In 2023, we had four of the most expensive races in Virginia's history, with a couple of them topping the $7 million mark."

The large cost of running for office also creates a chilling effect, which could dissuade people who would make great public servants from running for office, according to Bulova.

"People see these large amount of money and there's the perception out there that undermines people's faith in the democratic process," he said. "Now, I will tell you that the vast majority of my colleagues, they are in it for the exact right reasons. They wanted to debate policy. But again, it's that public perception that I think we need to be cognizant of."

Bulova felt so strongly about the need to put limits on campaign contributions that he introduced House Bill 874 in the current legislative session.

The bill sought to impose civil penalties on anyone who made a contribution or combination of contributions over $20,000 for a single statewide candidate and $10,000 to candidates running for the Virginia General Assembly. It also would have established thresholds of how much candidates could donate to their own campaigns.

But, HB 874 was left in the House Committee on Privileges & Elections on Tuesday, before the cross-over deadline. This means the bill will not move forward this year.

"Virginia is one of only a handful of states that lacks any contribution limits whatsoever on the amount of money that can be given to candidates for office," said Patrick Llewellyn, director of state campaign finance for the Campaign Legal Center, a nonpartisan nonprofit that seeks to advance democracy through law.

In its coverage of Comstock Holding Company's political contributions in relation to the casino proposal, Patch has noted the company and its associates were within their rights to make these donations under current campaign finance laws.

"Contribution limits are a critical component of modern campaign finance laws, because they help prevent corruption by reducing the undue influence of wealthy special interests over candidates, thereby helping ensure that officeholders are accountable to their constituents, and not whoever can write the biggest check," Llewellyn said.

On Jan. 17, 2024, Virginia Sen. Dave Marsden (D-Burke) submitted Senate Bill 675 for consideration by the state senate.

If the Virginia General Assembly passed the bill and the governor signed it, the Fairfax County Board of Supervisors would have the authority to put a referendum on a future ballot. This would give county residents the opportunity to vote on whether to approve the plan to build a casino in Tysons.

Among the political contributions Comstock made since January 2022 were $45,141 donated to the campaigns of current members of the board of supervisors and a total of $773,397 to members of the general assembly — the elected bodies responsible for deciding the fate of SB 675 and putting it before the voters.

On top of that, Comstock and its associates donated a combined $22o,772 to PACs run by the Republican and Democratic parties. Of that total, $128,000 went to the Spirit of Virginia PAC, which is associated with Virginia Gov. Glenn Youngkin (R).

Related: Tysons Casino Money: $1.2M Donated By Comstock Holdings, Allies

In spite of these contributions, SB 675 did not advance out of the Senate this year. After moving through two subcommittees, the bill was held over to the 2025 legislative session on a 13-2 vote by the Virginia Senate Committee on Finance & Appropriations.

"Even in the absence of contribution limits, it's not necessarily the case that when an elected official supports the policy that benefits a big campaign donor, that there is a quid pro quo corruption," Llewellyn said. "But I think it illustrates another important purpose of these types of laws. That's not only do they prevent actual corruption, but they protect against the appearance of corruption."

When asked last September about a $10,000 donation made to his campaign, Fairfax County Board Chair Jeff McKay (D-At-Large) said in an email to Patch that he "did not engage in quid pro quo with campaign contributions of any kind."

Supervisor Patrick Herrity (R-Springfield) had a similar response to a question about a donation he received from Comstock. He explained that the company's CEO, Chris Clemente, and Clemente's father-in-law, Dwight Schar, are long-time friends from his time as leader in the Fairfax County Chamber of Commerce prior to his election as a supervisor.

Marsden, the legislator who submitted SB 675 and a similar bill a year earlier, had received $45,000 in donations from Comstock over the last two years. He told Patch that when the money came in it went right out to help "elect more Democrats."

Related:

• Tysons Casino Dominates Discussion At Vienna Town Hall Meeting
• Tysons Casino Bill's Fate Decided In VA Senate
• 'Kill Casino Bill,' Hundreds Call On Lawmakers To Oppose SB 675
• Fate Of Casino Bill Decided In Virginia Senate

Read all of Patch's reporting on Comstock Companies' plan to build a casino on Metro's Silver Line in Fairfax County at Silver Line Casino.

Majority Leader Scott Surovell (D-Alexandria), whose campaign received $102,772 from Comstock and its allies, told Patch he was a long-time advocate for building a casino in Northern Virginia to establish another tax revenue stream. He saw this as necessary to offset the loss of tax revenue caused by a decline in the local commercial real estate market.

"The Comstock Companies are one of the largest developers in Northern Virginia with a major presence around Metro stations," Surovell told Patch in an email, when asked for a comment about contributions he received. "I have been advocating to extend and invest in the Metro system since I was first elected in 2009."

Surovell was one of the two members of the senate finance committee who opposed holding SB 675 over to the next legislative session.

"If policymaking consistently benefits big campaign donors in particular, or big campaign donors over everyday people, even in the absence of an explicit quid pro quo, the public's understandable perception that the process is corrupt can fuel skepticism and mistrust in our political process," Llewelyn said.

Another concern is that large donations by corporations and special interests could drown out the voices of everyday people, according to Llewellyn. It could also create a system where the politicians are more accountable to whomever is writing the biggest check rather than their actual constituents.

The situation wasn't helped by the U.S. Supreme Court's decision in Citizens United, which allowed unlimited corporate spending and unlimited donations by wealthy special interests to political action committees rather than to a politician's campaign, Llewellyn said.

"What we see is unlimited secret spending that's done independently, and that's where stronger transparency reforms are critical, ensuring that voters know the original sources of big money, so that even if wealthy special interests pass money through multiple LLCs or nonprofits, that the real source of it gets out to voters, so that they can evaluate the messages that they're receiving," Llewellyn said.