Maryland lawmakers have a potential quandary on their hands that is rare, if not unprecedented: Can one of their own vote twice on the same bill?
At issue is a measure that would allow felons to vote while they’re on probation or parole. Supporters say it’s an important measure to help reintegrate felons into society at a time when lawmakers hope to reduce recidivism and control corrections spending, but opponents say those felons haven’t yet paid their debt to society.
Republican Gov. Larry Hogan has vetoed it. The House got just enough votes to override the veto last month.
Here’s where it gets tricky: the lawmaker who will likely be the deciding Senate vote was recently appointed to his seat after already voting for the override as a member of the House. While Democrats say recent legal advice of counsel indicates it’s OK for the new senator to vote on the bill again in his new role, Republicans aren’t so sure.
Sandra Brantley, counsel to the Democratic-led General Assembly, wrote that she believes the vote is fine because each chamber can judge the qualifications of its members.
In a written letter of advice last week, however, she noted a potential counterargument that allowing a legislator to vote twice violates a requirement for the two houses to be “distinct.” But, Brantley wrote, the “more reasonable and persuasive view” is that a senator appointed to fill a vacancy may vote as the qualified senator of his or her district.
“I can find no authority in Maryland law or elsewhere that precludes the senator from voting under these circumstances,” Brantley wrote.
But Sen. J.B. Jennings, the Senate minority leader who asked for the opinion, said the matter could end up being challenged in court.
“This is something that a lot of people are passionate about, and somebody out there could definitely stand up and say, ‘This isn’t right,'” Jennings, a Republican, said.
Last month, Del. Craig Zucker was one of the 85 votes in the House for the override, the bare minimum needed to reach a three-fifths majority. Zucker, a Democrat, was sworn in last week to replace a retiring senator, whose departure left the body one vote short of the 29 needed for the three-fifths majority.
Zucker was officially appointed to the Senate by none other than the Republican governor, who is required to appoint the candidate chosen by officials of the party of the lawmaker who left the office.
Republicans, who oppose the bill, have been critical of the Senate for twice postponing a vote, which is now set for Tuesday, the third time it has been set.
Last month, when the vote was first postponed, Republican Sen. Stephen Hershey asked on the Senate floor whether the delay was simply a stall tactic so that the appointed senator could take office and give Democrats the needed majority. Senate President Thomas V. Mike Miller’s response was succinct: “Yes,” prompting laughter and applause from supporting senators in the chamber.
The vote was delayed again Friday, after Zucker’s appointment, because three Democratic senators were not in the chamber when the measure came up.
“You know, this has been hanging over our head for the last four weeks,” Jennings said.
But Democrats say every senator in the chamber should be able to vote on the override.
“We would want you to have that same opportunity to cast your red vote for the bill for your constituents,” Sen. Joan Conway, D-Baltimore, said Friday.
The Associated Press contributed to this article.
dem always vote twice or like one black woman who worked the polls said she had voted i think she said 25 times did they do an thing to her she was telling on tv as if she was proud of her work and also how any more deals did she do in being in charge of who gets to vote?when they caught the the machines changing the votes from gop to dem and one whole town did not have one gop vote and the people who voted gop went to the dem this when obama ran the last time. they will steal and lie about anything and everything
Heck, half of the bodies in Illinois cemetery’s have been voting for decades !!!
DEVILCRATS ARE NOTHING BUT LYING, CHEATING POWER-HUNGRY LOW-LIFES!
Well…..you’re half right…..add Republicans, too…..and you’re there!!! Vote Libertarian….????????????????
Oh sorry…forgot…..as long as you’re into snide little slaps at their stupid Party of choice….I should have said: “Republiturds” ???? I’m bot usually into intentionally offending roughly 50% of my fellow Amercans as this formerly great Country is so almost evenly split….at least in your little sheep-like mind……but as Gallagher always said: “Tou have to attack ingnorance and stupidity with ignorance and stupidity…..it’s the only thing they understand!!!”
Incidentally, Dems & Repubs really are more alike than different…..most of them….on both sides that I know would have gladlysupported Ron or now Rand Paul……but the Republicans werenot truly sincere when they VOWED to make Obama one term……or they would have ALLOWED Ron Paul to handily dispatch him!!!! But the truth is, BOTH Parties are addicted to spending and larger Government DESPITE what the Rep. Platform states……and what they’re doing to our Country…..fighting Obama even on issues that THEY LIKE….if Barry turns out to be on their side….they HAVE to change sides!!!..the truth, sadly is they hate Obama more than they love Amerca……
:0(
Espcially all those democrats in Maryland the most Corupt State, City and Courts!
Vote Early and vote often!
Americas Democritus
Is there one Democrat that can tell me how giving felons and parolees the right to vote, when by their actions they’ve already forfeited that right, will integrate them back into society. It’s a known fact that a large percentage of them will relapse into the habits that got them incarcerated in he first place. Perhaps a crime free waiting period (3-4 years) would be in order after which they can vote Democrat (after all isn’t this what it’s all about?)
I predict that before Bari is out, he will declare he is a muslim and gets the last laugh
I’m all for criminals getting their rights back after they have finished their time. Whether the dems realize it or not I foresee more growth to the Maryland offices with the GOP this coming election. The dems forget parole and probation is part of the sentencing and punishment that needs to be completed before rights and freedoms are reestablished. No judge will grant the request until the criminal can prove he isn’t just doing another lap in the revolving door anyway. There is a whole difference in meaning when a law says “can” or “may” verses “shall” and “will”.