'Present’ Perfect
By ABNER J. MIKVA
Published: February 16, 2008
http://www.nytimes.com/2008/02/16/opinion/16mikva.html?ex=1360818000&en=9417ee6115534086&ei=5088&partner=rssnyt&emc=rss
SENATOR HILLARY CLINTON should probably be forgiven for not remembering the course on the state Constitution that she would have had to take as an eighth grader in Illinois. But had she remembered it, she would have known that Senator Barack Obama was not ducking his responsibility in the Illinois Senate when he voted “present” on many issues.
Unlike Congress and the legislatures of most other states, each chamber of the Illinois Legislature requires a “constitutional majority” to pass a bill. The state Senate has 59 members, so it takes 30 affirmative votes. This makes a “present” vote the same as a no. If a bill receives 29 votes, but the rest of the senators vote “present,” it fails.In the Illinois Senate, there can be strategic reasons for voting “present” rather than simply no. A member might approve the intent of legislation, but not its scope or the way it has been drafted. A “present” vote can send a signal to a bill’s sponsors that the legislator might support an amended version. Voting “present” can also be a way to exercise fiscal restraint, without opposing the subject of the bill.
I recall voting “present” on many bills when I was in the Illinois Legislature. In the 1960s, for instance, I voted “present” on the annual highway appropriations bill. Like many of my fellow senators, I thought some of the money being allocated should have gone to public transportation. Still, I didn’t want to vote no, because I did not want to stand against the basic principle of maintaining our public roads. So I voted “present.”
It never occurred to me or to any of my critics that I was ducking responsibility for a making a decision. Mr. Obama was an outspoken member of the Illinois Senate, and not someone known for dodging questions, whether they were on ethics, police responsibility, women’s choice or any other hot-button issue.
Even if Senator Clinton does not remember the constitutional majority requirement in Illinois, one of her advisers might have explained it to her. When I was White House counsel, President Clinton frequently reminded me that he had taught constitutional law before he ran for public office. I would hope that he would assume that another constitutional scholar — Barack Obama — would be aware of his voting responsibilities as a state legislator.
Abner J. Mikva has been an Illinois state legislator, a United States congressman, a federal judge and, from 1994 to 1995, White House counsel. He now directs the Mandel Legal Aid Clinic at the University of Chicago Law School. Mr. Mikva serves as an informal adviser to Barack Obama's presidential campaign.
http://www.stateline.org/live/details/story?contentId=274863Friday, January 25, 2008
'Present' votes defended by Ill. lawmakers
By Daniel C. Vock, Stateline.org Staff Writer
In most legislatures, lawmakers vote either “yes” or “no” on bills, but in Illinois, senators and representatives can hit a third button for a “present” vote. Now that quirk — not unique to Illinois — has sparked heated exchanges among Democrats vying for president.
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But Obama’s former colleagues who still serve in the Illinois Capitol say that the attacks are off-base and that either Obama’s opponents don’t understand how things work in Springfield or they are deliberately distorting his record.
“To insinuate the ‘present’ vote means you’re indecisive, that you don’t have the courage to hold public office, that’s a stretch. But, it’s good politics,” said state Rep. Bill Black (R), a 22-year veteran of the House and his party’s floor leader.
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“The ‘present’ vote is used, especially by more thoughtful legislators, not as a means of avoiding taking a position on an issue, but as a means of signaling concerns about an issue,” said state Rep. John Fritchey (D), an Obama supporter.
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In Illinois, the “present” vote works as a vote against a measure during final action.
State Sen. John Cullerton (D) calls the “present” vote “a no vote with an explanation.” Legally, there’s not much difference between the two votes, but practically, it can let the sponsors or other legislators know of problems with the bill that should be corrected.
That’s not how U.S. Sen. Hillary Clinton (D-N.Y.) characterized it in a debate in Myrtle Beach, S.C., this week. “In the Illinois state Senate, Senator Obama voted 130 times ‘present.’ That’s not ‘yes,’ that’s not ‘no.’ That’s ‘maybe,’” she said.-----------------------
Those remarks angered Cullerton, who is also backing Obama. He stressed that voting “present” is different than not voting at all.
“There’s not one Republican, there’s not one member in the history of the General Assembly who is still alive today who would criticize voting ‘present.’ There’s not one member of the General Assembly who’s alive today who has ever not voted ‘present,’” he said.
Fritchey, the House Democrat who chairs a committee on civil law, said he often used the “present” vote when he thought a bill had constitutional or other legal problems. That’s also the reason Obama, who taught constitutional law at the University of Chicago, gave during the debate for voting “present” on a bill he originally had sponsored.
“After I had sponsored it and helped to get it passed, it turned out that there was a legal provision in it that was problematic and needed to be fixed so that it wouldn’t be struck down,” he said.
Contact Daniel C. Vock at dvock@stateline.org.