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As Virginia turns redder, changes are in store

December 2021 employment law letter
Authors: 
M. Jarrad Wright, DiMuroGinsberg P.C.

Virginia’s recent elections produced a significant victory for the Republican party as Glenn Youngkin defeated former Governor Terry McAuliffe. Equally important, the GOP is poised to regain control of the Virginia House of Delegates by a two-seat margin. The races were recently certified for the Republican candidates, but the fat lady still hasn’t sung as two Democratic delegates have requested recounts in their districts. Meanwhile, divided government will be the norm in 2022 as Democrats retain a small majority in the state senate, which wasn’t up for election this year. With the dust settling, the question for Virginia businesses, employees, and citizens is what happens next?

Uncertain consequences

Elections have consequences. At the moment, however, no one knows exactly what the results will be. With a divided government, lawmakers are going to have to work across party lines to push forward any legislation. The interplay could have a significant impact on the workings of next year’s General Assembly session.

For example, Virginia’s new law allowing for the sale of recreational marijuana, which was enacted in 2021, includes a clause requiring a second General Assembly vote in 2022 for the regulatory requirements to be put into effect. While the second vote wouldn’t roll back legalization, the task of finalizing the regulatory framework for marijuana sales will be left to the new General Assembly.

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