ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, February 6, 1996              TAG: 9602060092
SECTION: VIRGINIA                 PAGE: C-4  EDITION: METRO 
DATELINE: RICHMOND
SOURCE: ROBERT LITTLE STAFF WRITER 


TIEBREAKER VOTE STIRS CONSTITUTIONAL DEBATE

It was bound to happen, and Virginia's 40 state Senators spent months bracing for it: The new state Senate cast its first tie vote of the year Monday.

But it got members so dazed and befuddled that they had to whip out their constitutions and debate for 20 minutes, before overturning the vote to try again another day.

In a vote over a proposed constitutional amendment to let Virginians petition proposed laws to referendum, the 20-20 partisan Senate achieved the inevitable: A tie. 20 yeas, 20 nays.

The vote was not split along party lines, but it nonetheless created a parliamentary predicament. Does the lieutenant governor have the power to cast the deciding vote?

Normally, there would be no question. On regular laws, the lieutenant governor breaks ties.

But the constitution says tricky issues like constitutional amendments require the votes of at least 21 elected members. Lt. Gov. Don Beyer cast a negative vote nonetheless, saying that in such instances he is an elected Senate member.

"I believe that it is my responsibility - and the responsibility of all lieutenant governors - to vote in the case of all ties," Beyer said.

But Republicans didn't like the precedent, Beyer being a Democrat and all.

They voted to reconsider the vote, then delayed it until today.

"We'll have some time to think," said Republican Sen. John Chichester of Fredericksburg.


LENGTH: Short :   39 lines
KEYWORDS: GENERAL ASSEMBLY 1996 

























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