Bob Bernick's Notebook: So Liljenquist Missed Votes. So What?
by Bob Bernick
04/06/2012 | 1635 views | 3 3 comments | 4 4 recommendations | email to a friend | print
Bob Bernick, Utah Policy Contributing Editor
Bob Bernick, Utah Policy Contributing Editor
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This past week, in the first of two GOP U.S. Senate debates, Sen. Orrin Hatch, R-Utah, went on at some length about the votes missed in the Utah Senate by one of his main challengers, former state Sen. Dan Liljenquist, R-Bountiful.



Hatch’s campaign staff finds that Liljenquist missed 25 percent of his floor votes in the 2011 Legislature.



I’ll accept that missed-vote number from Hatch. And reply, so what?



I’m not supporting Liljenquist, nor opposing Hatch. But as a forced student of more than 30 Utah legislative general sessions, I do know something about legislative voting patterns.



While not an expert on Congressional voting, I do know something about those floor votes, as well.



And the two – the U.S. and the Utah senates – are very different animals.



For example, for most of the 45-day Utah general session the 29-member Senate takes two floor votes on each bill or resolution.



Under the state Constitution, each bill in order to pass must be “read” three times. In the old days, I’m guessing, this was done so that no bill could be introduced and passed in one day and thus the wool pulled over citizens’ eyes.



The larger 75-member Utah House only has one official “reading,” or vote, per bill.



But the state Senate, who professes to be the more deliberative body, votes once on second reading and again on third reading, or final passage.



Thus, each floor session, the Senate votes on bills on the second reading calendar (the first official vote) and then votes on the same bills the on the next day’s floor session, the third reading.



A number of senators routinely miss the second reading calendar votes, since they will have a vote on the final, third reading calendar.



Now, in the crush of the final several days of each general session, the state Senate usually does away with the two readings and only votes once on each bill – as the state House always does.



But as you can see with all these second and third reading votes, it is much easier for a state senator to miss one or the other vote.



Aside from the basic voting structure, there is also the fact that Utah’s Senate is one of the smallest upper bodies in the 50 states.



With just 29 members, state senators are often off the floor meeting with constituents (yes, often these constituents are lobbyists or other special interests, but lobbyists and special interests are constituents, too.)



And, especially on difficult, wide-ranging legislation, senators are meeting with House members, aides to the governor or fellow senators over controversial and complicated legislation, trying to work out compromises.



The main budget chairs are frequently off the floor working out financing problems.



Because the Utah Senate is so small in numbers, every GOP senator is also a committee chairman of one kind or another.



So besides their regular work on their bills, they are setting standing committee or budget sub-committee agendas and so on.



Now, Congress and the U.S. Senate works at a much slower pace than does the Utah Legislature and state Senate.



Congressional votes are taken Tuesdays through Thursdays, usually at set times, and the voting is kept open for minutes at a time in order to allow all 100 senators a chance to cast a voice vote.



The U.S. Senate may have a dozen of votes a day, when the workload gets crunched up.



Congratulations to Hatch who says he has a 90 percent voting record in his 36 years in the U.S. Senate. That’s a great voting record.



However, by comparison, the Utah Senate may take a hundred of votes a day in the final days of the drop-dead 45-day general session.



If a Utah senator is off the floor for 10 minutes he could miss five or 10 votes, they come so quickly.



Hatch’s complaints about Liljenquist missing a quarter of his votes reminds me (the old dog I am) of the 1974 U.S. Senate race between then-Salt Lake City Mayor Jake Garn, a Republican, and the late Democratic U.S. Rep. Wayne Owens.



Owens took out full-page ads in the local newspapers (a big deal back then) accusing Garn of missing nearly all of the meetings of the Salt Lake City Planning and Zoning Commission, of which the mayor was a member.



Yes, indeed, Garn didn’t go to the planning commission. The mayor never goes to the commission meetings, he sends an aide.



The mayor got his say when the whole City Commission voted on planning issues later in the process.



Owens’ attacks on Garn stuck at first.



But as the campaign wore on, Utahns learned about how the mayor never went to zoning commission meetings and Owens started looking foolish.



Pro-Hatch super PACs have been running TV ads criticizing Liljenquist’s state Senate voting record. And Hatch himself criticized Liljenquist over the issue in the first debate.



Hatch would be wise to find some other issue to take Liljenquist to task over.



I don’t know if the 4,000 GOP state delegates – who will get a shot at the U.S. Senate race in the fast-approaching April 21 state party convention – will get educated on the voting patterns of the U.S. and Utah senates.



If they do, they would learn that comparing U.S. Senate and Utah Senate voting attendance is not the best example of either Hatch’s or Liljenquist’s innate abilities as lawmakers.



Liljenquist certainly could have done better in his state Senate voting record.



But I don’t know of any Utah legislator who systematically ignores his or her duty.



Indeed, every session Hatch and other Utah congressmen address the Utah House and Senate and without exception all praise the work of the 104 part-time state lawmakers, and say how the U.S. House and Senate could learn from Utah’s legislative example.



Criticizing an opponent is fair play. But Hatch should learn from Owens’ failed 1974 U.S. Senate campaign and find something more substantial to separate himself from Liljenquist.

Comments
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April 07, 2012
In general, this is good analysis, but Bob should know that the US Senate doesn't hold open votes for "minutes," but for hours, if necessary. The votes are tightly scheduled, but if a Senator does answer the first time around, the party whips call the office to find out if he is anywhere in the city, and then they'll hold the vote 'til he gets there.

Also worth noting is that Dan was not out on the golf course, but over in the House, shepherding his bills to significant bi-partisan majorities.

Impressive.

g
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April 06, 2012
Last Utah General Legislative Session for 2011, I remember reading though and seeing bill after bill sponsored by Sen. Dan Liljenquist pass the house.

I was amazed at the respect he and the bills had. I was amazed at how both republicans and democrats voted for them.

For example, his 2011 SB 180 Medicaid Reform bill passed both houses with no votes against it from either party and was signed by the Governor.

The same thing happened with 2011 SB 308 Amendments to Public Employee's Benefit and Insurance Program. It happened to 2011 S.B. 272 Secured Creditor Amendments. Also with 2011 S.B. 127 Post Retirement Employment Amendments. I was surprised that 2011 S.B. 149 Qualifications for the Executive Director of the Department of Health had one vote against it, but it came back and passed without anyone voting against it after all. Again, no votes against 2011 S.B. 121 New Automobile Franchise Act Amendments. No votes against 2011 S.B. 120 Career Service Amendments. (Not in any order).

Did he get any no votes? Yes. 2011 S.B. 90 Board of Pardons Retirement Amendments did actually have 6 house republicans vote against it and 2011 S.B. 9 Retirement and Independent Entities Base Budget did have many democrats vote against it, but last year that was common with the base budget bills.

But with at least 7 bills, both the house and senate, both republicans and democrats all voted for the reforms Senator Dan Liljenquist proposed. Some of the bills had been changed several times before they were voted on, but when there was consensus they were voted on and passed. Some have asked why he missed some floor votes last year and I believe this tells you why. All 9 of these bills were signed by the Governor.

We need that in Washington DC. These are the same areas that are bankrupting our nation. Again, we need Dan Liljenquist in Washington DC. Yes, we have a US Senator with 35 years of seniority, but remember that in 2011, Senator Dan Liljenquist was still in his first 4 year term. He did it without seniority. He has been recognized nationally for this, but not so much in his own state.

In addition to that, our current US President is acting like a king. If congress doesn't act, he says he will. Sen. Mike Lee is at least calling the President out on it. I don't believe Sen. Hatch is doing enough to provide the constitutional check we need. I believe Dan Liljenquist would stand up and protect our freedom and rights. I believe that item alone will make the difference in this race.

I ask that you vote for Dan Liljenquist, while there is still time to save this country.
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April 06, 2012
Senator Hatch himself has missed 36% of votes since the beginning of the year and also lied about it during the debate the other night. It's time for him to retire.
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