The Virginian-Pilot
                            THE VIRGINIAN-PILOT  
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Sunday, September 17, 1995             TAG: 9509170126
SECTION: FRONT                    PAGE: A8   EDITION: FINAL 
SERIES: ELECTION '95
        POWER AND THE PARTIES
SOURCE: BY MARGARET EDDS, STAFF WRITER 
DATELINE: RICHMOND                           LENGTH: Long  :  198 lines

IN VOTING, FEW BREAK RANKS WITH PARTIES

A few years ago, one of state Sen. Virgil Goode's fellow Democrats in the General Assembly chided him on his voting record.

``Is Virgil following the Republicans, or are the Republicans following Virgil?'' the Rocky Mount attorney recalls his colleague asking.

The reason for such banter shows up in an analysis of partisan voting in the 1995 General Assembly session. On closely contested Senate votes, Goode was more likely than any other Democrat to side with the Republican opposition.

That independence is a distinction shared with Sen. Jane H. Woods, R-Fairfax, who led Republican senators in independent-minded floor votes, and with four members of the House of Delegates: Joseph Johnson Jr., D-Abingdon; A. Victor ``Vic'' Thomas, D-Roanoke; Thomas G. Baker Jr., R-Dublin; and Del. Clinton Miller, R-Woodstock, who led the House in nonpartisan voting.

At a time when many Virginians say they're fed up with partisan politics, the analysis of more than 2,000 1995 floor votes shows that party members - particularly in the House of Delegates - are remarkably like-minded on most controversies.

Only seven of the 99 House members affiliated with a political party split with their partisan colleagues 20 percent or more of the time on closely contested bills. Thirty-five House members split with the majority only once or not at all.

Even so, a few individuals in both parties regularly side with the opposition in philosophical disputes. Such independence means that a political party which controls a slim majority of votes cannot assume that all of its agenda will pass.

Such Democrats have made it possible for Republicans to win a few legislative victories, as with welfare reform in the latest session, despite slim Democratic majorities in the House and Senate. Independent-minded Republicans might also keep their party from enacting its entire agenda if legislative control switches hands this November.

Both lawmakers who usually vote with their party's majority and those who sometimes break with it say they are guided by their consciences and their constituents, not party dictates.

``I don't vote on that basis,'' said Sen. Yvonne Miller, D-Norfolk, who matched her party's majority every time on closely contested votes. ``It's critical for me to reflect the expressed desires of the people I represent.''

Similarly, Sen. Woods - who broke with fellow Republicans about half the time on close votes in the latest session - said her opinions reflect those of her Northern Virginia constituents.

While she votes consistently with the GOP on procedural votes involving the order of business and rules of the Senate, ``one reserves the right on philosophy to vote his or her conscience or constituency,'' she said.

``Any political party that demands lock step is probably in some serious trouble,'' she added.

But Woods and others acknowledge that it can, at times, be unpleasant to be viewed as a renegade.

Del. Clinton Miller, R-Woodstock, said pressure to conform to party dictums has intensified as Republican chances of taking over the legislature have grown.

``It was never, in all my years in the General Assembly, any problem until the last two years,'' added Miller, whose independent votes this year included supporting the federal Goals 2000 education program and the National Voter Registration Act.

Miller said such hassles are among ``20 or 30'' reasons he decided not to seek re-election this year.

One independent-minded lawmaker who asked not to be identified by name or party added: ``It's just pressure galore. . . . It's just a constant sending of messengers when one has said `no.' ''

The lawmaker's response: ``What is it about `no' that you don't understand? Is it the `n' or the `o'?

Some other legislators said that if most Democrats and most Republicans vote alike, it is because of shared philosophy, not partisan demands.

``I've never noticed any particular pressure,'' said Del. Clifton A. ``Chip'' Woodrum, D-Roanoke, who split with Woods' Democrats on only one close floor vote last session. ``I try to vote the issue and if it works out that way, it works out that way.''

To establish a partisanship index, The Virginian-Pilot reviewed all 2,000-plus House and Senate floor votes in the 1995 session. The newspaper singled out those House votes in which a swing of five or fewer delegates would have changed the outcome and those Senate votes in which a swing of three or fewer senators would have changed the outcome.

Any close votes that didn't divide along party lines were eliminated. That left 50 votes in the House and 53 in the Senate that were used in the partisanship assessment.

Listed on this page is the number of times each delegate or senator split with the majority in his or her party in those closely contested votes. ILLUSTRATION: Graphics

VOTE FOR ME!

[For complete graphic, please see microfilm]

Photos

Del. Thomas W. Moss, D - Makes committee assignments, helps set

procedures.

Del. George H. Heilig, D - Head of committee that oversees business

regulations.

Del. Howard E. Copeland, D - Head of Chesapeake and Its Tributaries,

influential in environmental matters.

De. William P. Robinson Jr., D - To be chairman of panel that

oversees transportation.

Sen. Stanley C. Walker, D - Influential in rules; taxing and

spending; committee assignments.

Jay Sherrill, R - Seeks to oust Moss; disputes Democrats'

effectiveness against Norfolk's problems.

CASE STUDIES

As Virginia begins a rigorous campaign for the fall General

Assembly election, a critical question is whether it matters which

party controls the Assembly. Examples of the way legislative clout

can sway the state's philosophical direction:

PARENTAL CONSENT LAWS

Why aren't Virginia doctors required to notify parents before

performing abortions on women 17 and under? The reason is simple.

For 10 years in a row, the legislation has been stymied by

Democrats on the Senate Education and Health Committee.

The annual effort to pass a parental notification law has become

one of the most emotionally charged issues in the General Assembly.

Supporters say it is a fundamental issue of parental rights.

Physicians, they say, are required to receive permission from

parents before performing almost any medical procedure on a child.

They argue that abortion, with all of its potential physical and

psychological side effects, should be no different.

Bowing to that logic, the Democratic-controlled House of

Delegates has overwhelmingly passed notification bills over the

years. But when the legislation is introduced in the Senate, the

same thing always happens: The clerk of the Senate, who is

appointed by the Democratic majority, refers it to the Education and

Health Committee. Then the panel either kills the bill or waters it

down so severely that it's unpalatable to proponents of parental

consent.

Democrats occupy 10 of the 15 seats on the committee. Five senior

Democrats on the panel have voted against the measure in each of the

past 10 years: Hunter B. Andrews of Hampton, Stanley C. Walker of

Norfolk, Elliot S. Schewel of Lynchburg, Richard L. Saslaw of

Fairfax and Edward M. Holland of Fairfax.

They argue that the notification law would drive some teenagers

to despair and suicide. Several also fret that passage of the law

would encourage abortion opponents to seek further restrictions in

Virginia.

If Republicans gain control of the Senate, it's almost a sure bet

that a parental notification bill would be passed next year. The GOP

would gain control of committee assignments and would refashion the

panel with a solid Republican majority. Many of the senior Democrats

who have blocked the legislation probably would be reassigned.

- Warren Fiske

RIVERBOAT GAMBLING

Virginia has no floating casinos, but the pro-gambling lobby once

had its glimmer of hope - enough that it bombarded the General

Assembly with cash, and is expected to do so again.

The break came in 1994. The House of Delegates' General Laws

Committee, a bipartisan panel that gets the first whack at statewide

issues like gambling, voted 12-10 to approve it. The full House

later killed the riverboat bill, but some provocative progress had

been made.

At the committee's helm was Alan Diamonstein, a Newport News

Democrat who sees riverboat gambling as an economic development

issue.

And controlling the entire House of Delegates was Norfolk Del.

Thomas W. Moss, another pro-riverboat lawmaker who thinks it's just

a matter of time before the state approves gambling in Hampton

Roads.

But if Republicans win three seats in the House this November and

wrest away control of the chamber, most agree you can forget about

wagering on the waterways for a while.

In Moss' place would probably be Amherst Republican Vance

Wilkins, a member of the General Laws committee who has opposed

floating casinos with vigor.

And in Diamonstein's seat would be Del. Kurt Cox, a young George

Allen disciple from Colonial Heights. When others simply opposed

riverboat gambling, he made a point to attack.

Under his watch, Cox acknowledged, riverboat gambling would

``certainly be in trouble.''

``I'm adamantly opposed to it,'' said Cox, a six-year legislator.

``But the key to being a committee chairman is to be fair. I

wouldn't resort to parliamentary maneuvering to kill a bill. That's

not the way it ought to be.''

- Robert Little

KEYWORDS: GENERAL ASSEMBLY ELECTION VIRGINIA HOUSE OF

DELEGATES RACE by CNB