Senate Dems file suit to block GOP power grab
Virginia Senate Democratic Caucus Chair Donald McEachin filed suit on Monday in Richmond City Circuit Court, on behalf of the Senate Democratic caucus, to stop Lt. Gov. Bill Bolling from breaking an expected tie this January when the State Senate comes back into session and organizes for the next four years.
“The voters elected 20 Democrats and 20 Republicans to the Senate. Yet, in spite of that, the Republicans choose to ignore these results and, instead, claim absolute power and authority,” said McEachin (D-Henrico). “This willingness toignore the evenly divided results of the election is unfair and unacceptable.”
The lawsuit seeks a declaratory judgment acknowledging that Bolling does not have the constitutional right to cast a vote breaking the expected tie about how the Senate organizes. In addition, the lawsuit seeks a temporary injunction preventing Bollingfrom voting on organization until the issue is resolved. Copies of the lawsuit were provided to Lt. Gov. Bolling and Attorney General Ken Cuccinelli.
“In Virginia, only an elected member of the Senate can vote on the rules of the Senate. The lieutenant governor was not elected to the Senate,” said McEachin. “Unfortunately, the Republicans have not shown any inclination to work with us to resolve this impasse. In a 20-20 Senate, power should be shared, but instead, the Republicans insist on an arrogant power grab.”
Senate Dems: Share power, or we’re going to court
State Senate Democratic leaders said Friday that they will take legal action if necessary to ensure equal representation on legislative committees in the wake of Election Day results that have Democrats and Republicans each holding 20 seats in the chamber.
On Monday, party leaders took their case to the court of public opinion.
“What we’re asking for from our colleagues is simple fairness. The voters of Virginia obviously voted for a divided Senate,” said Senate Democratic Caucus chair Donald McEachin, laying out the case for the request of Senate Democrats for equal representation in Senate leadership and committee assignments.
Lt. Gov. Bill Bolling, a Republican, has said since Election Day that he will work with Senate Republican leaders to ensure that the GOP effectively controls the senior chamber.
“Make no mistake about it. There is a Republican majority in the State Senate,” Bolling said after the November elections.
McEachin, an attorney, counters that the state constitutional provision that lays out how each chamber of the General Assembly is to organize itself does not mention the lieutenant governor as part of the Senate.
The only other time in Virginia political history that the State Senate had split representation, following the 1995 state elections, Democrats and Republicans agreed to share power and committee assignments.
The lieutenant governor at the time was a Democrat, Don Beyer. Republican leaders made a similar case to the one being advanced now by Democrats for power-sharing following the 1995 elections.
“I would hope that my Republican colleagues would remember the word they uttered in 1995 and 1996 and remember that if it was fair then, it’s fair now,” McEachin said.
Majority Leader Dick Saslaw conceded the point that the state Constitution is unclear, which is what may precipitate legal action if the two parties cannot come to an agreement.
The state Constitution gives the lieutenant governor the power to break tie votes, “but that’s always been on general legislative matters. It’s never been settled on something like this,” Saslaw said.
Saslaw thinks there could even be an issue going forward on votes involving the state budget and judicial appointments. “It’s not just a matter of this year. It should be settled for all time. That’s the purpose behind this,” Saslaw said.
Senate Dems vow to fight if GOP refuses to share power
The Virginia Senate Democratic Caucus today announced its unanimous opposition to the Senate Republican attempt to claim a Senate majority even though 10 days ago Virginians elected 20 Democratic senators and 20 Republican senators.
The Senate Caucus believes that with a chamber evenly divided between political parties, power should be divided as well.
Sen. Dick Saslaw, unanimously re-elected majority leader by his fellow Democratic senators, said, “Virginians elected 20 senators of each party, and it’s only right the power in the Senate is divided equally. The Republicans are wrong to try and grab power when half the state voted for Democrats. It’s a question of fairness. The Republicans are trying to overrule the will of the people and claim a majority they did not earn.”
Meeting at the Mason Inn and Conference Center in Fairfax during the first day of their caucus retreat, the senators agreed that Lt. Gov. Bill Bolling does not have the right to break a tie when it comes to Senate re-organization.
Newly-elected Caucus Chair Donald McEachin said “the Constitution of Virginia is very clear, the organization of the Senate is the prerogative of the elected members of the Senate and Lt. Governor Bolling is not a member of the Senate.”
The only time the Senate was tied at 20-20, after the 1995 state elections, the Republicans and Democrats shared power.
“In 1996, the last time the Senate was deadlocked at 20-20 the precedent for power-sharing was set. We see no reason why it should be different now,” McEachin said. “As George Allen, who was governor of Virginia at that time said of the power sharing pact, ‘This is reflective of the balance and equity that should be accorded the election results.”
Gov. McDonnell, Senate Dems go toe-to-toe over redistricting
Gov. Bob McDonnell on Friday vetoed the redistricting plans approved by the Virginia General Assembly, citing issues with the plan passed by the Democratic-majority Senate.
Senate Majority Leader Dick Saslaw vowed that Senate Democrats will not back down.
“The only thing Governor will accept is absolute surrender on the part of the Democrats of the Senate of Virginia and he’s not going to get it,” said Saslaw, who promised in response to the governor’s veto that the Senate will pass for a second time the plan that it had already sent to the governor.
McDonnell detailed his objections to the Senate plan in a letter to the General Assembly. In the letter, McDonnell said it was “apparent” that districts proposed in the Senate plan are not compact as required in the Virginia Constitution and do not properly preserve locality lines and communities of interest.
Saslaw shot back saying that Senate Democrats used the same criteria Republicans used 10 years ago to redraw district lines. “Gov. McDonnell is clearly playing politics by vetoing this bill,” Saslaw said.
Senate Democratic Caucus Chair Mary Margaret Whipple said the redistricting plan passed last week by the Senate meets legal requirements.
“The redistricting plan we passed last week meets all federal and state legal requirements. It meets the criteria for redistricting as established by the 1965 Voting Rights Act, and the U.S. Constitution and Virginia Constitutions,” Whipple said. “These criteria include but are not limited to, making sure districts are near the same size, do not dilute racial or ethnic minority voting strength, are compact and contiguous, and maintain communities of interest.”
The disagreement could put the November legislative elections in jeopardy. If the General Assembly and governor can’t agree on new district lines, it would be left to courts to decide the new House and Senate districts.
The politics of the VDOT audit
An audit should be, well, an audit – a review of facts and figures with a bottom line assessment.
When an audit is not an audit – when it involves the great political football in Virginia politics.
“We must demand better stewardship and utilization of existing funds. That is why I ordered this comprehensive performance and financial audit shortly after I took office, and why the findings are so important,” said Gov. Bob McDonnell, releasing on Thursday the details of the private audit of the Virginia Department of Transportation that found as its bottom-line conclusion that available transportation funding has been not been effectively used.
Which, of course, conveniently fits into the political argument of Republicans who have been saying for years that the problem with transportation funding in Virginia isn’t that there hasn’t been enough money for transportation improvements, but rather the efficiency of operations at VDOT.
“Money has been sitting in the state’s wallet while Virginian’s have been sitting in traffic,” McDonnell soundbited. “We will move immediately to put this funding to work building roads and reducing congestion statewide. VDOT will award $800 to $900 million in contracts by December 31st, and we will get long overdue construction underway. We will not tolerate inefficiency or mismanagement at VDOT or any other state agency.”
Not so fast, says Senate Democratic Majority Leader Dick Saslaw.
“While no one wants to see funds lying unused, I appreciate that the VDOT management employed a cautious approach during a period of great financial uncertainty and did not overobligate funds, as we saw under the Gilmore administration,” Saslaw countered in a statement on Thursday’s audit.
A 2005 resolution passed by the General Assembly with the support of then-state delegate Bob McDonnell required that adequate fund balances be accrued to projects prior to the authorization of contracts to prevent the abuses seen under the Allen and Gilmore administrations, Saslaw said.
“Until my colleagues and I learn more about the details in the audit, I am hesitant to affirm that there are in fact substantial new dollars for transportation,” Saslaw said.
“While I would be pleased to see additional projects go forward, we must understand that these are largely one-time resources. This audit demonstrates that the Commonwealth has yet to face the fact that it lacks a comprehensive long-term plan for solving its transportation problem,” Saslaw said.
Reporting by Chris Graham. Chris can be reached at freepress2@ntelos.net.
Senate Democrats work through issues
Column by Sen. Mary Margaret Whipple
www.vasenatedems.com
Greetings from Richmond! As the Senate Democratic Caucus begins another lively session of the Virginia General Assembly, we are reminded that every year presents its own challenges and opportunities, and this year should offer plenty of both. As we consider the many bills before us, know that we are mindful of the challenges caused by the economic downturn and are seeking ways to spur economic development, increase employment opportunities, and help meet the needs of all Virginians.
On Jan. 18, Sens. Dick Saslaw of Fairfax and Mamie Locke of Hampton outlined our priorities in the response to Gov. Bob McDonnell’s first State of the Commonwealth address. The senators presented opportunities to work with the governor to address our challenges and called on him to lead his fellow Republicans as we seek solutions to our transportation crisis. They also asked the governor to reject permanent cuts to our public schools and to work with us as we try to find the resources our healthcare safety net and public safety professionals need. Continue reading “Senate Democrats work through issues” »
