Will Governor Spanberger sign it?

by Drew DiMeglio

Democrat Abigail Spanberger won Virginia’s gubernatorial election last November by a large margin by campaigning as a moderate dealmaker. Five months later, she faces an impasse: A bill on her desk allowing state agencies to discriminate against businesses owned by white men when dishing out certain government contracts. Spanberger has a choice to make—either bend the knee to the far-left faction in the legislature or live up to the moderate mandate which put her in office. 

HB 61, the “Small SWaM Business Procurement Enhancement Program Act,” passed both houses of the legislature along party lines and directs state agencies to take the race and sex of business owners into consideration when awarding contracts. The act establishes a statewide goal of 42% of SWaM—that’s Small, Women, and Minority owned businesses—utilization in all discretionary spending by executive branch agencies. The act requires agencies to increase their SWaM utilization by 3% each year until the 42% goal is reached. Lastly, the act allows state agencies to exclude non-SWaM businesses, presumably those owned by white men, from certain government contracts under $200,000.

HB61 is not an anomaly; many other states have similar pieces of legislation. A look into those states can show Virginians what example their legislature is following.

A similar piece of legislation has been law in deep blue New York since the late 1980s. New York State’s Minority and Women-Owned Business Enterprise Program set 30% participation goals for minority and women-owned businesses in public contracts, and contractors must show good faith efforts or risk future work. In 2025, a New York supplier alleged that his firm isn’t eligible for certain contracts because it isn’t woman- or minority-owned.

Maryland has a strikingly similar program. The state’s Minority Business Enterprise Program sets a statewide participation goal at 29%. New Jersey’s system mirrors Virginia’s proposed exclusion clause, whereby state agencies can set aside contracts for minority-owned businesses. In 2025, a civil rights complaint alleged that the Port Authority of New Jersey set aside one-fifth of its contracts for minority-owned businesses and accepted bids up to 10% over market from preferred bidders.

The examples of New York, Maryland, and New Jersey stand as a warning for Virginia’s future should Spanberger sign this bill into law. Two of the three states have faced recent legal challenges, all states posture against businesses not owned by a select group of people, and all are states under a nearly complete one-party rule.

This piece of legislation is not just about diversity; it is about the future of Virginia. 

For one, it cements favoritism over merit. By establishing a 42% goal, requiring year-over-year increases, and allowing the exclusion of certain groups, the bill superimposes a racial and gender preference over merit. Cost should be the sole determining factor in awarding contracts.

Spanberger faces a decision: Listen to the voters who elected her and veto this radical bill, or once again bend the knee to the Democratic legislature.

Spanberger lauded her state and her party’s commitment to affordability during her response to the State of the Union, but with HB 61, she risks driving up government spending and replacing efficiency and merit in awarding contracts with preference and special treatment. Virginia is not New York; voters are watching to see whether Spanberger acts as she campaigned or not. After going back on her statement that she has “no plans” to enact mid-decade redistricting in Virginia, voters’ tolerance for their newly elected governor is wearing thin.

Spanberger has until April 13th to either sign, veto, or let the bill go into effect without action. Notably, a large swath of restrictive gun legislation, including an assault weapons ban, also awaits Spanberger’s action with the same deadline.

Spanberger can either respect the will of moderate Virginians who entrusted her to govern likewise or cede even more power to the far-left wing of her party. Voters will be watching.

Drew DiMeglio is a Restoration News contributor and student at Hampden-Sydney College in Virginia, where he studies government and is President of the College Republicans. This column has been republished with permission from Restoration News.