Kilgore, Kaine eye finish line

Jerry W. Kilgore and Timothy M. Kaine, battling through the final 48 hours of a too-close-to-call gubernatorial race, hopscotched across Virginia yesterday, with Mr. Kilgore talking up their differences on the death penalty, taxes, transportation and illegal aliens in hopes of energizing conservative voters.

Mr. Kaine, the state’s lieutenant governor and a Democrat, opposes the death penalty as a practicing Catholic, but says he would uphold the law and sign death warrants.

Mr. Kilgore, the former attorney general and a Republican, has criticized Mr. Kaine for once calling for a moratorium on the practice so it could be studied.

Both continue to run negative TV ads to define their positions in last-hour attempts to win the right on Tuesday to replace Gov. Mark Warner, and Mr. Kaine challenged his opponent to confront President Bush on illegal immigration tomorrow, when the president is scheduled to appear at a Kilgore rally in Richmond.

“He should stand up … and demand that he enforce the federal immigration laws,” Mr. Kaine said.

“Virginia doesn’t need a governor who’s going to be a patsy and who is going to let the federal government get away with not enforcing the laws,” the former Richmond mayor said.

Mr. Warner, on the stump with Mr. Kaine yesterday, called the death penalty ads “embarrassing.”

A TV ad from Mr. Kilgore depicts family members of murder victims criticizing Mr. Kaine.

“Being as liberal as he is in the death penalty, [Mr. Kaine] is not representing everybody in the state,” says one man whose son and daughter-in-law were killed. “I don’t trust Tim Kaine when it comes to the death penalty.”

Mr. Kaine has said his faith won’t prevent him from upholding Virginia law.

“My faith teaches life is sacred, that’s why I personally oppose the death penalty,” Mr. Kaine said in a response ad. “As governor, I’ll carry out death sentences handed down by Virginia juries, because that’s the law.”

Mr. Kaine does not support expanding the death penalty, as Mr. Kilgore does, to gang members who order killings.

The majority of voters agree more with Mr. Kilgore on the death penalty, according to a poll conducted last week by Rasmussen Reports. However, 36 percent of those surveyed said the negative ads make them more likely to vote for Mr. Kaine.

The gubernatorial hopefuls also differ on taxes, particularly on the tax increase, the largest in state history, passed last year by the Republican-controlled legislature.

Mr. Kaine supported the $1.38 billion increase as a “needed investment” in state education, public safety and health care. He calls it “the right thing to do for Virginia,” which was in danger of losing its prized AAA bond rating.

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