LIEUTENANT GOVERNOR VIOLATES SENATE RULES

John William Pope Civitas Institute

www.jwpcivitasinstitute.org
LIEUTENANT GOVERNOR VIOLATES SENATE RULES

PLEDGE BILL SURVIVES

(Tuesday, July 11, 2006)

On Tuesday, the state Senate was in rare form. Members squabbled over who would get credit for passing a bill to require the Pledge of Allegiance to be recited in all public schools across the state each day. As Civitas recently reported, the state House of Representatives recently gutted a Senate bill and inserted the pledge language, approving it last week. Yesterday, that bill came before the Senate for concurrence.

Senator Tony Rand (D-Cumberland), Rules Committee
Chairman, first spoke on SB 700 when he said, ?It?s a dirty shame this has come to this. Our bill was well done and it?s now been turned into a political game.? He was referring to Senator Julia Boseman?s (D-New Hanover) pledge bill that has languished in the House. Rand said nobody should question his patriotism on this vote and asked members not to concur with the House bill so provisions from Boseman?s bill could be added.

In theory, Rand?s motivations were politically acceptable, however, there is no way House members would compromise in a conference committee with a Senator whose bill had been intentionally blocked for personal conflict with certain powerful House members.

Senator Boseman spoke second and asked the Senate not to concur on SB 700. She claimed it lacked civics education requirements to teach ?North Carolina values? that her original bill required.

Senator Neal Hunt (R-Wake) then retorted, ?I believe this was my bill first until you stole it, but that shouldn?t matter. What matters is that with this bill, the pledge will be recited by children in our public schools. That?s what we?re all working for.? He continued that Boseman was merely ?picking at details? and that other requirements could be added next year. In an effort not to kill the bill, Hunt asked the Senate to support the flag and vote to concur.

Senator Robert Pittenger (R-Mecklenburg) was the fourth member to speak. He said, ?It seems we?d be well served to concur with this bill.? He pointed out that the short session was close to ending and that the Senate should pass the bill now.

Senator Doug Berger (D-Franklin) said the vote is ?a difficult call for all of us.? He recalled the Bush/Dukakis presidential race in 1988 and said he didn?t want to be labeled a flag hater and treated like Dukakis. Berger asked the Senate to support the bill.

As Lieutenant Governor, Beverly Perdue serves as President of the Senate and acted as ?Presiding Officer? during Tuesday?s session.

Perdue called for a vote, reciting Senate Rule 25 (e), and announced that five seconds would be allowed for voting. At the end of the five seconds, the vote was tied 24 to 24. All 21 Republicans and 3 Democrats, Senators Doug Berger, Janet Cowell (D-Wake) and Malcolm Graham (D-Mecklenburg), supported the bill while the remaining 24 Democrats in the chamber voted to kill it.

Perdue, along with many spectators in the audience, looked stunned. However, she never announced the vote or declared the result, a violation of Rule 25 (e). After a long pause and stare directed at Tony Rand, Senator Rand stood up and moved for a 10-minute recess.

The vote total remained displayed on the chamber vote board throughout the entire recess as if the vote were still open. Perdue left the podium and huddled with Senate Democrats to determine a course of action. Senator Phil Berger (R-Rockingham) rose in objection but was ignored.

When the session resumed, Perdue never announced the vote and the time of one minute allowed for voting under Senate Rule 25 (c) had, also, most certainly expired; a second violation of the rules.

With the tie vote still displayed, Perdue recognized Senator Rand, who said, ?Madame President, having voted with the prevailing side, I move that House Committee Substitute for Senate Bill 700 be reconsidered.? Technically, the Lieutenant Governor may vote to break a tie, but is not required to do so. Therefore, a tie vote on a bill fails for lack of majority.

The bill was brought back before the Senate by a vote of 28 Democrat yeas to 21 Republican nays. A second vote was taken and SB 700 passed unanimously, 49 to 0. Senator Robert Holloman (D-Hertford) was excused from the votes. The bill now awaits Governor Mike Easley?s signature.

During the final two votes, Republican Senators Phil Berger and Andrew Brock (R-Davie/Rowan) attempted to rise to make a point of order, but Lt. Governor Perdue refused to recognize them until after the votes were recorded. When recognized, they pointed out violations of Rule 25 and asked if the motion to recess should have been out of order. Perdue replied, ?Senator Brock, I?m the presiding officer and the motion was not out of order.?

Senate rules violated during consideration of SB 700:? Rule 25 (c): When the electronic voting system is used, the Presiding Officer shall fix and announce the time, not to exceed one minute, which shall be allowed for voting on the question before the Senate. The system shall be set to lock automatically and the record the vote when that time has expired. Once the system has locked and recorded a vote, the vote shall be printed by the system.? Rule 25 (e): When the electronic voting system is used, the Presiding Officer shall state the question and shall then state substantially the following: ?All in favor vote ?aye?; all opposed vote ?no?; (__) seconds will be allowed for voting on this question; the Clerk will record the vote.? After the machine locks and records the vote, the Presiding Officer shall announce the vote and declare the result.

Chad HintonLegislative Analyst
Civitas Institute

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