One legislator, multiple votes
Posted by Scott "The Piper" St. Clair - March 09, 2010In the Washington State House of Representatives one person, one vote is preached, but not practiced. Too often the reality is one legislator, how many buttons can she push?
A long-standing House practice allows a member to vote for an absent member or, in some cases several members. The practice has become an issue in the Congressional race to replace Rep. Brian Baird, D-3rd Dist. and the subject of a scathing editorial condemning it in The Olympian.
The double-voting practice appears to violate the House’s own procedural rules:
“Every member who was in the house when the question was put shall vote unless, for special reasons, excused by the house…Upon a division and count of the house on the question only members at their desks within the bar of the house shall be counted.”(Emphasis added.)
When House members vote, they do so by pushing a button with the result then being displayed on one of two large electronic tote boards. Unlike the Washington State Senate, the House does not take oral roll call votes unless specifically requested.
Legislators consider it to be a ho-hum practice. Whether a legislator leaves the floor to meet with a constituent, grab a meal or leave for hours, few bat an eye at double -voting to make it look as though she was there the entire time.
A few legislators express embarrassment over it and acknowledge abuses. They say that it exposes an excessive House work load that prompts it – if there were not so many bills to vote on, it would not be necessary.
So-called “roll call” vote records are published showing the official vote of each member on each bill. But since no record is kept on how often and for whom double-voting is done, the real voting record of every House member is suspect.
According to Washington Votes, a non-partisan Web site that tracks legislative actions on individual bills, the House has voted on at least 341 measures between the opening of this year’s session on January 11 and the beginning of what is supposed to be its last week starting March 8.
The raw numbers make the 98-member House look like a hard-working bunch. The lowest vote total on any of the measures was 88, while most of them were in the 94 to 98 vote range. But who was actually there and actually voting?
While covering the House debate on ESSB 6130, a bill to suspend tax-limitation Initiative 960, I witnessed the practice. On February 16, I lost count of the number of times I saw two particular Legislators doing it.
House Majority Leader Lynn Kessler, D-Hoquiam., and House Majority Whip Sharon Tomiko Santos, D-Seattle were observed repeatedly - sometimes hurriedly - casting their own votes for a measure and then reaching over to cast a vote for an absent seatmate.
In Kessler’s case, the absent seatmate was Rep. Jeff Morris, D-Guemes Island. In Santos’ case it was Rep. Dawn Morrell, D-Puyallup. Morris serves as the House Speaker Pro Tem, and he was presiding over the House during the time in question.
Rep. Lynn Kessler casting her own vote.
House procedural rules allow for a member to be excused, which is then recorded on the electronic vote-tabulation tote board. On February 16, Rep. Santos requested excused absences for several legislators, and the requests were granted without question by Speaker Frank Chopp, D-Seattle. The rules also provide that, when appropriate, the sergeant-at-arms can corral absent House members. This was not observed.
Double-voting is in the interest of House members, not the public, said Christopher Arterton, Dean of the Graduate School of Political Management at George Washington University in Washington, D.C. “It does not seem to comport with the letter of the law,” he said after reviewing the House rules.
“The public will feel that they’re being duped, and in fact they are. This is one more area where they’re not getting their due,” he said.
Arterton’s criticism was seconded by former Rep. Toby Nixon, R-Kirkland. Acknowledging that he did it himself while serving in the House, Nixon wrote in an e-mail, “Members do not want to have a lot of unexplained unexcused absences on their voting record.”
Calling the practice a “clear and unequivocal violation” of House rules, Nixon wrote that the practice was not necessary. “They could simply record absences if members aren’t present, and let the members explain themselves to their constituents.”
In the Third Congressional District, the issue became nasty and personal between two contenders for the seat being vacated by the retiring Brian Baird. In an article in the Vancouver Columbian, Rep. Deb Wallace, D-Vancouver, accused Rep. Jaime Herrera, R-Camas, of “shirking her duties” by repeated absences from the House in order to campaign. Herrara flat denied the charge, according to the article.
The article said that Wallace made the accusation in a meeting where she also withdrew from the race.
Asked for additional comments, Wallace wrote in an e-mail that voting for an absent member is a common and accepted practice and that she’s done it herself. She alleged that Herrera was absent from the House floor “for hours at a time” even as she claimed to “have never missed a vote.”
Herrera responded to the Columbian article and Wallace’s allegations in an e-mail to her Congressional-campaign supporters. Claiming that Wallace “wants to throw some mud at me,” she defended her voting record: “In three years I’ve only missed a total of 10 out of 1,863 possible floor votes.” She missed the votes because of car troubles and a family funeral, she wrote.
Admitting that she has either double-voted or had a seatmate double-vote for her, she wrote, “this does not equal ‘hours’away from the floor.”
Contacted for further comment, Herrara’s Congressional campaign released a statement from her calling Wallace’s charges “politically motivated.”
“When it comes to the practice of voting for other legislators, I agree it should be changed. However changing this practice will take a commitment from House leadership…”
One of them, House Minority Leader Richard DeBolt, R-Chehalis, refused to meet with LibertyLive.org to discuss the issue.
The Olympian editorial was unequivocal in condemning the practice. Blaming Speaker Chopp and Minority Leader DeBolt for refusing to put an end to it, The Olympian said the practice was “wrong,” “dishonest” and “fraudulent.” The editorial said that there should be a “hard and fast rule that House members can only vote for themselves.”
Dean Arterton said that the House should either modernize its procedures to prevent double-voting or, when exposed, legislators should be prepared to take their political lumps. He said that the current public interest generated by the Congressional race is good – the public is getting the word.
Nixon wrote that the House should have oral roll-call votes to keep people in the House chamber. When he was in the House, he demanded one on a bill that “caught at least one member who had already left for the weekend who somebody had voted for. It forced someone else to change their vote to cover for the missing person.”
Thoughts? Add Comment -
Scott Roberts said on Mar 09 2010 at 1:45pm
Piper --
Thanks for putting a spotlight on this issues. I was in the gallery last week and observed lots of double voting. I wasn't aware of the house rules at the time, but I was questioning the practice as it just didn't sit right with me.
Having read your post, I'm outraged that this practice is allowed to continue.
The rules are the rules. And the rule, as it currently stands, is a legislator is supposed to cast their own vote.
We elect legislators for the final act of voting. I want to know who is voting. Double voting practice begs the question, "Who really is in charge in the House?" Is it only a select few?
If a legislator is comfortable and willing to break this simple rule, what others are they will to break as well?
Beth McGwire said on Mar 09 2010 at 3:13pm
How do we put up with this? Please, people, vote carefully. When you vote unethical people into office, this is the result. We need to keep publicizing these legislatures and make sure the public knows what their voting for in November.
D Doyle said on Mar 09 2010 at 3:36pm
Holy Cow! This is worse than legislators playing solitaire during debate! Does this mean it's ok for me to vote on behalf of my wife? I don't think so (hence, a double standard?). This needs to run in every newspaper in the state. This is atrocious - and neither side of the aisle appears ready to address it.
said on Mar 09 2010 at 3:44pm
The way to solve these problems is to get rid of legislators like DeBolt who stand in the way of Republicans claiming the high ground on personal ethics. DeBolt is an overgrown frat boy, making him a great networker and glad-handler, but one of the worst leaders I've ever seen. His retirement is a glimmer of hope for the caucus.
Ctefi said on Mar 09 2010 at 5:20pm
Unbelievable. The fact that many of these leaders have no remorse for this clearly unethical behavior shows just how far our legislators have fallen. I agree with D. Doyle--this story SHOULD run in all the major newspapers in the state. It's time for our elected officials to start being honest (and learn how to count).
Ken Richards said on Mar 09 2010 at 8:41pm
suspectfraud.com
Barb said on Mar 10 2010 at 10:42am
This is just out and out wrong. There is no way that someone should be able to cast a vote for someone who isnt there.
Ctefi said on Mar 10 2010 at 11:54am
At the VERY least, the legislators who are caught double voting should be penalized by having their vote disqualified (as well as the vote of the person who isn't there---thus discouraging all elected officials from having someone vote in their absence).
Bill said on Mar 10 2010 at 12:51pm
Wow, caught on camera. I suppose anyone could vote in this game of musical chairs.
Amber Gunn said on Mar 10 2010 at 2:59pm
Ken,
Great idea. I second it.
suspectfraud.com
Katherine T. said on Mar 10 2010 at 9:58pm
Wow. This is an outrage that should be exposed. Our elected representatives should be held accountable to being present for each and every vote. If Joe Citizen did this, they could go to jail.