90th Dist: Incumbent disputes challenger's eligibility

NORFOLK

The hot issue in the 90th House District Democratic primary isn't the economy, taxes or roads.

It's whether the challenger actually lives in the district he wants to serve.

Lionell Spruill Jr., the 43-year-old son and namesake of a prominent Chesapeake member of the House of Delegates, is challenging 71-year-old incumbent Algie Howell Jr. in Tuesday's primary.

Spruill said he moved to Marlboro Avenue in Chesterfield Heights in December. The waterfront community is nestled to the southeast of Norfolk State University.

"I work in Norfolk and live in Norfolk," he said, producing his driver's license, which lists the Norfolk address.

However, he said he sometimes stays with his daughter in Chesapeake because she recently had a baby.

"My daughter comes first in my life," Spruill said.

Howell said Spruill still lives on Atlantic Avenue in the South Norfolk area of Chesapeake and has seen his challenger's car parked there at night. The 90th District, concentrated in eastern and southern Norfolk, has small slivers of Virginia Beach and Chesapeake, but it does not include the house on Atlantic Avenue.

"It makes a mockery of the system when someone runs for office and doesn't live in the district," Howell said.

Jimmie Wilson, Howell's campaign treasurer, said he filed a formal complaint with Commonwealth's Attorney Greg Underwood last week, alleging Spruill does not live in the district.

Amanda Howie, a spokeswoman for Underwood, confirmed the complaint. Underwood, who has endorsed Howell, has asked a commonwealth's attorney from another city to investigate, Howie said. She said an order was entered in Norfolk Circuit Court on Friday to approve that request.

Norfolk registrar Elisa Long said falsifying an address on an election form is a felony with a maximum sentence of 10 years in prison and a $2,500 fine.

"It's a serious offense," she said.

The campaign has featured no debates and few joint appearances. Howell, who is seeking his third term, holds a big advantage in finances and endorsements.

Spruill's father is the only elected official to endorse him. He has contributed $910 to his son's campaign.

The entire Norfolk City Council, most of its General Assembly delegation, all of its constitutional officers and even former Virginia Beach Mayor Meyera E. Oberndorf have endorsed Howell, the delegate said.

Spruill has raised and spent nearly $7,100 and has exhausted his campaign funds, according to the State Board of Elections. Howell has spent nearly $40,000, and has nearly $46,000 cash on hand.

Spruill said he has worn out one pair of shoes going door to door.

"I'll wear out another pair before next Tuesday," he said.

Spruill, who is making his first run for public office, is a former Marine who fought in the first Gulf War. A former Indian River High School and Norfolk State University football player, he is director of student activities at NSU.

Howell is an Air Force veteran and civil rights pioneer who helped integrate lunch counters in downtown Norfolk. He twice ran unsuccessfully for the City Council and served for nearly three years on the Norfolk School Board.

A former teacher, Howell runs a Norfolk barbershop.

Spruill has spent much of his time at civic league appearances explaining media reports about several brushes with the law. He was found not guilty of a sexual assault in Norfolk in 1997. In 2006, four felony charges of grand larceny were not prosecuted in the city of Franklin.

Spruill said he was innocent of all charges and that he was indicted in part because he is the son of a prominent politician.

Spruill said Howell is out of touch with his constituents.

"His legislation has nothing to do with what people need," he said, referring to Howell's so-called "droopy drawers" bill, which would have outlawed low-hanging pants, and a ban on the sale of novelty lighters to juveniles.

"He should be out there trying to help people suffering from this economy," Spruill said. "That's who we're supposed to help. A child can start a fire with a Bic lighter. You don't need a novelty lighter to do that."

Howell bristled when told of Spruill's criticism.

He said he co-sponsored a bill to ban smoking in restaurants and a bill to ban text messaging while driving. Both become law later this year. He has sponsored legislation to also ban payday lending.

Howell said he sponsored the novelty lighter legislation at the behest of firefighters, who told him that lighters are made to look like toys.

"Those bills will save lives. I'm all about protecting people," he said.

Tuesday's winner will face Jason Call, a Chesapeake Republican, in the November general election.

Harry Minium, (757) 446-2371, harry.minium@pilotonline.com