RTD: Common Sense Wins; Dems Lose Control of VA Senate
By Shaun Kenney | Friday, December 16th, 2011 | Policy, Politics, VirginiaHot off the presses from the Richmond Times-Dispatch:
A Richmond Circuit Court judge has ruled against state Senate Democrats, who filed suit last week to prevent Lt. Gov. Bill Bolling from casting the tiebreaking vote on the organization of the chamber deadlocked 20-20 between Democrats and Republicans.
Richmond Circuit Court Judge Beverly Snukals found that deciding on the matter and creating a deadlocked Senate would not be in the public interest.
Of course, the Senate Dems — being the class act they are — have accepted the ruling of the circuit court and are preparing to work with Republicans for the betterment of the Commonwealth:
“The question is still unanswered,” said Sen. A. Donald McEachin, D-Henrico, who filed the suit.
Um… maybe not…
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Shaun Kenney is the Chairman of the Fluvanna County Board of Supervisors, former Communications Director for the Republican Party of Virginia, and an active blogger since 2002. Shaun lives in Thomas Jefferson's backyard with his wife, six children, and a modest attempt at a farm in Kents Store, Virginia.
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7 Responses to "RTD: Common Sense Wins; Dems Lose Control of VA Senate"
Don McEachin isn’t going to accept any ruling that doesn’t go his way.
Shaun, I’ve been reading the discussion over the past weeks regarding whether or not the GOP has the ability to organize as a majority based on the Lt. Governor’s tie breaking ability. Sen. McEachin didn’t need to go to the court to block the Lt. Gov., he already has that option.
On the first day of session, Sen. McEachin (or any Senator) asks for a ruling of the Chair (Lt. Gov. Bolling) on whether or not he has the right to vote as a tiebreaker in the organization of the senate. When he rules that he does, any other senator has the right to challenge the ruling of the chair. Each side has 5 minutes to present their case then there is a vote. And this is key….the vote is whether or not to sustain the ruling of the chair. It requires a vote of 21. There is no ambiguity of that requirement. The Lt. Gov. can’t vote in this instance and the ruling would be overturned on a 20-20 failed vote. It is rare this is used but I saw it happen several times.
Following this a power sharing arrangement would have to be persued. Any flaw in my suggestion?
That sets up a rather interesting conflict between what the circuit court just ruled, and the rules of the Senate.
Hasn’t been this much fun since Boss Moss nearly lost the speakership in 1997!
Does the Senate operate under its old rules until new rules are adopted? Or does it rely on standard parliamentary procedure?
Under the old Senate rules, it does require a majority of Senators voting to sustain the ruling of the chair. But under Robert’s Rules of Order and (it appears) Mason’s Manual, one-half the votes – a tie – also sustains the ruling of the chair.
Either way, I don’t think it matters all that much what the committee line-ups are. Can’t the Senate Republicans simply vote to discharge from committee any bill they want? 20 votes plus the Lt. Governor makes 21 for a discharge motion.
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Brandon, the Chair has the prerogative to recognize who has the floor, especially if there are competing requests for the it. There is no way that the first Senator recognized by LG Bolling is anybody other than Senator Norment.
Brian, I get that but my understanding a challenge to a chair ruling can come at any time and must be acted on regardless of what else is before the body at that particular time. Should be an interesting first day.
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