Bolling plans to use tiebreaking power in Senate

RICHMOND

Lt. Gov. Bill Bolling has concluded that his tie-breaking power can ensure Republican rule in the evenly split state Senate this winter, but that it doesn't permit him to resolve deadlocks on the budget and some other measures.

In a memo released Tuesday, roughly one week before the 2012 General Assembly session begins, Bolling said he believes that the Virginia Constitution precludes him from voting on matters that require approval by a majority of "members elected."

Constitutional amendments and the election of judges are among the areas left to elected members of the legislature under the constitution, as are financial issues such as the state budget, tax measures, debt authorization and creating new offices.

Bolling's stance could give Democrats some leverage in deliberations on Gov. Bob McDonnell's budget, which features a plan to incrementally increase the slice of sales tax revenue used for road maintenance. Some Senate Democrats have taken a hard line against that proposal.

"I recognize that senators on both sides of the aisle may be disappointed with my conclusions, albeit for entirely different reasons," Bolling said in a statement that accompanied his memo.

Bolling, a member of the executive branch who serves as presiding officer in the Senate, reviewed legal and scholarly analyses of the state constitution to reach his determination.

While Bolling concedes his tie-breaking authority has limits, he is resolute that he can vote on organizational and procedural issues to allow the GOP to act as a majority in the 20-20 Senate and control committees that serve as legislative gatekeepers in the lawmaking process.

Henrico County Democratic Sen. Donald McEachin sought to block Bolling from exercising that power last month when he asked a court to keep the lieutenant governor from using his decisive vote to resolve impasses over Senate organization.

A Richmond Circuit Court judge, however, declined to restrict Bolling. Judge Beverly W. Snukals, declining to intervene in legislative affairs, ruled that the injury McEachin seeks to avoid hasn't occurred.

McEachin said Tuesday he's encouraged by Bolling's position "that he is not a member of the Senate" and that some "legislative prerogatives are left to the members of the Senate exclusively."

Outward support for Bolling's conclusions came from McDonnell and Senate Republican leaders who said the lieutenant governor has properly interpreted the law.

Senate Republican Leader Tommy Norment, R-James City County, said Bolling "has brought sound judgment and a balanced, judicious perspective to this situation."

McDonnell offered a statement expressing hope that the Bolling memo "will put this issue to a close and allow us to focus on the major issues and budget priorities I have asked the General Assembly to address beginning next week."

That may be wishful thinking.

Democrats haven't abandoned their quest for some kind of power-sharing arrangement in a chamber where there is parity, and McEachin said he may still try to proceed with the lawsuit "depending on what happens during the course of the session."

Senate Democratic Leader Dick Saslaw, of Fairfax, said in his party's formal response to Bolling's memo that Republicans are aiming for an "all-out power grab" in the chamber.

"We still believe it is up to the members of the Senate to decide the rule of the Senate," he said. "Virginians elected 20 Senators of each party this November, and it's only right that power is shared equally."

The parties shared power beginning in the mid-1990s, when the chamber was similarly divided and a Democrat was lieutenant governor. They reached that accord when division among Democrats prevented them from ruling unilaterally.

Since gaining two seats in the November election, Senate Republicans have maintained they have a majority due to Bolling's stature in the chamber.

Julian Walker, (804) 697-1564, julian.walker@pilotonline.com