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The lightning rod is 鈥榮 appointment of former Attorney General Ken Cuccinelli to the University of Virginia board. Cuccinelli was one of eight appointees the Senate Privileges and Elections Committee refused to confirm this week.

鈥淜en Cuccinelli is no longer eligible to serve as a member of the UVA Board of Visitors and must immediately cease all activities in that capacity,鈥� Surovell wrote, in a response to a query from UVa Rector Robert D. Hardie.

Miyares wrote: 鈥淭he recommendation of a Senate committee cannot be elevated to an act of the General Assembly,鈥� adding that all eight of Youngkin鈥檚 appointees remain on the boards.

鈥淪enator Surovell incorrectly claims that 鈥榯he General Assembly has refused to confirm,鈥� these appointees,鈥� Miyares wrote, in a letter to all the university rectors.

鈥淭his false statement appears designed to mislead you into thinking that the General Assembly as a whole has taken action when in fact it has not. Citing no authority for his claim, the Senator goes on to offer you guidance that is legal in nature,鈥� Miyares wrote.

鈥淭he Attorney General, not Senator Surovell or any component of the General Assembly, is the chief executive officer of the Commonwealth鈥檚 Department of Law and counsel to Virginia鈥檚 public institutions of higher education,鈥� he added.

The whole General Assembly has to act, Miyares said.

Surovell said that鈥檚 not the case.

鈥淗aving served in the General Assembly, both Attorney General Miyares and former Attorney General Cuccinelli are very familiar with the fact that the General Assembly operates through its committee system, and committees routinely take final action on legislation in committee,鈥� he said.

鈥淛ust as bills are regularly killed in committee without proceeding to floor votes, the Privileges and Elections Committee鈥檚 refusal to confirm Mr. Cuccinelli鈥檚 appointment constitutes the General Assembly鈥檚 final decision on this matter,鈥� Surovell said.

He said that Cuccinelli鈥檚 future participation on the UVa board would be a violation of state law and of the constitutional authority of the General Assembly.

Cuccinelli represented Fairfax County in the state Senate from 2002 to 2010. He was elected attorney general in 2009 and lost the 2013 election for governor to Democrat Terry McAuliffe. Cuccinelli also served as acting deputy secretary of homeland security during President Donald Trump鈥檚 first administration.

Youngkin appointed Cuccinelli, a prominent social conservative, to succeed Bert Ellis, a combative conservative critic of UVa administration policies, who the governor fired, citing Ellis鈥檚 conduct as a board member.

Besides refusing Cuccnelli鈥檚 appointment, the Senate committee also refused to confirm Youngkin鈥檚 three appointees to the VMI board.

They are Jonathan Hartsock, deputy chief of staff for Rep. Ben Cline, R-6th; Stephen Reardon, a Richmond attorney; and Jos茅 J. Su谩rez, chief executive officer of a Florida consulting firm.

The VMI board鈥檚 decision this year to not renew the contract of Major General Cedric Wins, the military college鈥檚 first Black superintendent, has drawn fire from Doug Wilder, the nation鈥檚 first elected Black governor 鈥� who has said it shows racism is still a challenge in Virginia 鈥� as well as criticism from Democratic leaders in the General Assembly.

The committee also rejected Youngkin鈥檚 four appointees to the George Mason University board.

They are former state Secretary of Commerce and Trade Caren Merrick; Charles J. Cooper of Bonita Springs, Florida, who served as assistant attorney general for the Office of Legal Counsel under President Ronald Reagan; William D. Hansen, president and CEO of Building Hope, a nonprofit serving charter schools and vice president of the Virginia State Board of Education; and Maureen Ohlhausen, who served as acting Federal Trade Commission chairman under President Donald Trump.