Posted on 08/12/2003 4:27:21 PM PDT by harpu
After hours of backroom meetings, seventeen Senators convened to sanction their eleven colleagues in New Mexico. Senator Jane Nelson (R-Flower Mound) introduced a resolution imposing fines to be paid out of private funds beginning August 14. The fines would begin at $1,000 a day and double per day up to $5,000 per day until the end of the second called-session.
After parliamentary inquiry by Senator Ken Armbrister (D-Victoria), Nelson moved adoption. Although there were no apparent objections, the record shows that Armbrister voted no.
The Senate acted upon a letter from Attorney General Greg Abbott concurring with an internal memo prepared by attorney Spencer Reid. The memo quotes the Constitution saying that remaining members can compel attendance "under such penalties as each House may provide."
Only after they have fought the fines through the courts for 5 to 10 years and the liberal Texas Supreme Court has ruled the Constitution un-Constitutional.
Senate votes to fine boycotting Democrats
AMERICAN-STATESMAN STAFF
Tuesday, August 12, 2003
Senate Republicans on Tuesday voted to begin assessing fines against their boycotting colleagues on Wednesday.
The fine, formally proposed by Sen. Jane Nelson, R-Flower Mound, would begin at $1,000 at 4 p.m. Wednesday. It would double to $2,000 on Thursday; $4,000 on Friday and then hit a cap of $5,000 a day as long as the boycotting members did not come back. The order specifies that money must come from their personal funds, not their campaign coffers.
Sen. Ken Armbrister, D-Victoria, raised one question about whether the fines could be imposed without a quorum of the Senate present to consider them. Lt. Gov. David Dewhurst said they could be assessed and then, noting no objections, pronounced the fines approved.
Armbrister later said he voted no.
Senators at the Capitol met for more than three hours Tuesday to decide whether to impose fines on their boycotting colleagues. Several senators at the Capitol expressed concern about the idea before entering the meeting on the subject at 1 p.m.
According to the Constitution, the House and Senate can compel absent members to attend sessions "under such penalties as each House may provide."
Senate rules, however, don't mention fines and boycotting senators have said they don't believe fines can be assessed without such a rule. At a press conference Tuesday, some of the senators indicated they would not pay any fines.
Sen. Rodney Ellis, D-Houston, called the proposed fine a poll tax.
"I won't pay it," he said.
Sens. Judith Zaffirini, D-Laredo, and John Whitmire, D-Houston, said they were frustrated that after the Democrats have spent three weeks in New Mexico, Republicans still view their absence as a publicity stunt.
"They just don't get it. ... We're here out of conviction and we're not going to yield" to a redistricting that would disenfranchise the Democrats' constituents, Whitmire said.
Eleven of the Senate's 12 Democrats left the state on July 28 to block consideration of a congressional redistricting plan. The constitution requires 21 of the 31 members to be present for work to proceed.
House Democrats blocked the issue of congressional redistricting during the regular legislative session by boycotting in Oklahoma for four days.
Senate Democrats — along with Sen. Bill Ratliff, R-Mt. Pleasant — blocked a redistricting plan in the first special session by denying it the 21 votes traditionally needed in the Senate for a bill to be considered for passage.
Before the start of the second special session, Lt. Gov. David Dewhurst said he would not maintain the tradition, noting that it had been set aside in previous redistricting sessions.
Dewhurst on Monday said senators attending the session would consider "appropriate measures against absent members." That came after the Supreme Court of Texas rejected a request by Dewhurst and Gov. Rick Perry to order the boycotting Democrats to return to the Capitol.
A similar request is pending before a Travis County district judge, who's also considering a lawsuit filed against Dewhurst by the boycotting Democrats.
Republicans are trying to overturn a 17-15 Democratic edge in the state's congressional delegation by redrawing boundaries for the congressional districts. They say the current map was based on maps drawn to give Democrats an advantage. A handful of the current districts, however, have Republican majorities but have re-elected incumbent Democrats.
This article contains material from wire services.
Great move by the Republicans! Let's see the Democrats ask the Texas Supreme Court to intervene!
Sen. Rodney Ellis, D-Houston, called the proposed fine a poll tax.It's the opposite, Rodney. It's money that you're going to have to pay for your REFUSAL to show up to vote, not money you pay IN ORDER TO BE ALLOWED to vote. Only the latter is a poll tax.
"I won't pay it," he said.
Nice touch.
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