Lt. Gov. Fairfax would become governor if Northam resigns

If Gov. Ralph Northam resigns because of the scandal over a racist picture in his medical school yearbook, Lt. Gov. Justin Fairfax would become the 74th governor of Virginia.

That would make Fairfax, 39, the second African-American governor in Virginia’s history and just the fourth to hold the office nationwide in recent years. In 1990, L. Douglas Wilder became the first elected African-American governor in the United States.

Article V, Section 16, of the Constitution of Virginia sets out the succession to the office of governor: “In the case of the removal of the Governor from office or in the case of his disqualification, death, or resignation, the Lieutenant Governor shall become Governor.”

Like Northam, Fairfax is a Democrat. He ran for lieutenant governor in 2017, defeating the Republican nominee, state Sen. Jill Vogel of Fauquier County. This is Fairfax’s first term in elective office.

Fairfax, who was born in Pittsburgh, Pennsylvania, is a descendent of Virginia slaves. When he was sworn into office, Fairfax was carrying in his breast pocket the manumission papers that freed his great-great-great-grandfather.

In private life, Fairfax is an attorney with a law firm in Northern Virginia and previously served as an assistant U.S. attorney. He is a graduate of Duke University and Columbia Law School and in 2013 won the National Bar Association’s “Nation’s Best Advocates Award,” which recognizes 40 top attorneys nationwide under the age of 40.

Northam said in public statement Saturday afternoon that he would not resign but instead would work to reconcile the “people he has hurt.” Northam added that Fairfax, who did not attend the governor’s press conference, did not want him to resign.

In a statement following the Northam’s press conference, Fairfax did not join Democratic colleagues calling for the governor’s resignation. Fairfax’s statement said of Northam: “While his career has been marked by service to children, soldiers and constituents, I cannot condone the actions from his past that, at the very least, suggest a comfort with Virginia’s darker history of white supremacy, racial stereotyping and intimidation.”

Fairfax today is dealing with his own share of unwanted attention, after the same website that last week published the racist photos from Northam's medical school yearbook early Monday published an apparent accusation against Fairfax.

In response to the article on BigLeaguePolitics.com citing a woman who alleged she was assaulted in 2004 at the Democratic National Convention in Boston by a campaign staffer who later won statewide election in 2017 and who is now in line for "a very big promotion," according to a social media post by the woman, Fairfax's spokesman released a statement strongly denying any wrongdoing by Fairfax.

"Lt. Governor Fairfax has an outstanding and well-earned reputation for treating people with dignity and respect," the statement read. "He has never assaulted anyone – ever – in any way, shape or form. The person reported to be making this false allegation first approached the Washington Post – one of the nation's most prominent newspapers – more than a year ago, around the time of the Lieutenant Governor's historic inauguration. The Post carefully investigated the claim for several months.

"After being presented with facts consistent with the Lt. Governor's denial of the allegation, the absence of any evidence corroborating the allegation, and significant red flags and inconsistencies with the allegation, the Post made the considered decision not to publish the story.

"Tellingly, not one other reputable media outlet has seen fit to air this false claim. Only now, at a time of intense media attention surrounding Virginia politics, has this false claim been raised again. The Lt. Governor will take appropriate legal action against those attempting to spread this defamatory and false allegation."

As lieutenant governor, Fairfax is the presiding officer in the Virginia Senate. Republicans have a 22-19 advantage over Democrats in the Senate. The lieutenant governor votes only in the case of a tie.

Under the Virginia Constitution, if Fairfax does end up succeeding Northam, the Senate’s president pro tempore would serve as the Senate’s presiding officer. That position is currently held by Republican Sen. Stephen Newman of Bedford.

Newman issued a statement Saturday saying that “my wife and I have asked God to give our Governor wisdom in the coming hours, and for the health, clarity and resolve to do the right thing for the people of Virginia.”

“After this dark hour has passed, the President Pro Tempore must be in a position to serve as a healer, bringing all parties back together to work for a better and stronger Commonwealth,” Newman said.

– Citizen staff reports contributed to this article