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Virginia Lt. Gov. Tim Kaine, the Democratic gubernatorial candidate in the Nov. 8 election, on Wednesday said he believes Republican candidate Jerry Kilgore wants to make abortion a crime in the confirm, the Washington Postal service reports. “Jerry Kilgore believes that you can’t be antiabortion unless you want to set right abortion a crime, and I fundamentally out that,” Kaine said in a speech to about 300 women in Arlington, Va., adding, “I’ve always opposed making it a misdemeanour — outlawing a woman or a doctor for participating in an abortion. And you don’t maintain to criminalize women or their doctors to be antiabortion.” Kilgore has said he does not want to penalize women who enjoy abortions (Shear/Barnes, Washington Post, 10/27). He also has said he opposes abortion except in cases of rape or incest or when necessary to protect a expressive woman’s life. Kaine supports some restrictions on abortion, such as parental give in permit and notification laws representing minors seeking abortion and a ban on so-called “partial-birth” abortion. State Sen. Russell Potts (R), who is constant for governor as an independent, has expressed support for abortion rights (Kaiser Daily Women’s Constitution Practice Report, 9/15).

Kilgore Accuses Kaine of Violating Debate Agreement
Kilgore on Wednesday said Kaine violated a “no-use” agreement the two men had made by showing footage of a Sept. 13 debate in an advertisement seen by a focus group (Washington Post, 10/27). During the debate, moderator Tim Russert, host of NBC’s “Meet the Press,” asked Kilgore if he would sign a bill to outlaw most abortions in the state if the Supreme Court overturned Roe v. Wade, the 1973 decision that effectively outlawed state abortion bans. Kilgore refused to answer, saying the question was hypothetical. After being pressed about the issue repeatedly by Russert, Kilgore said he supports “a culture of life” (Kaiser Daily Women’s Health Policy Report, 9/15). Kaine and Kilgore both signed agreements promising they would not use footage of any of the three debates in any campaign ads. However, two Republican “operatives” — Edie Light, an aide to state Delegate Preston Bryant, and Denise McManaway, who works for the Republican Party of Virginia — said they were part of an online focus group testing a Kaine ad that used footage from the debate, the Fredericksburg Free Lance-Star reports. Light said a survey given to the focus group asked whether it would be acceptable for a candidate to violate a no-use agreement if there was information the voters needed to know. She said she called Kilgore’s campaign and tried to send them a link to the survey but could not get back to it (Davis, Fredericksburg Free Lance-Star, 10/27). Kilgore said that Kaine is “taking a poll to see if he can get away with breaking his word,” adding, “I can’t think of a more revealing moment in this campaign” (Lessig, Newport News Daily Press, 10/27). Kaine’s campaign neither confirmed nor denied it had developed such an ad, but Kaine said, “We haven’t broken any agreement” (Washington Post, 10/27).

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