The lawless House of Representatives

Over the last few years, Republicans in Congress were criticized for keeping votes open as long as possible, vote switching at the very last minute, and other ways to stifle the Democratic minority. When the Democrats were elected to control Congress, they promised that such acts would not happen. They gave us an image of an ethical, open, trustworthy party, aiming to break the lying impression that most voters have of the government.

On Friday, August 3, this did not happen.

The House was voting on a Republican procedural motion designed to make sure illegal immigrants would not get certain benefits from an agriculture spending bill. The electronic tally showed a 215-213 tally in favor of this, but when Rep. Michael McNulty, D-NY, gaveled the vote to a close, he said the GOP measure failed on a 214-214 tie.

215-213 electronic vote in favor. McNulty concluded 214-214 tie. The usual process was that clerk would hand McNulty the final tally, but he did not follow that.

Then he re-opened the vote so Democratic arm-twisters managed to convince a few of their members to switch their votes. The end result was a 216-212 against. So from a +2 in favor to a -4 against... quite an outrage.

Republicans cried, "shame, shame, shame," and they walked out in protest. Of course, House Majority Leader Steny Hoyer, D-MD, moved for a revote (I guess to settle his own conscience). There was no surprise when the motion failed.

Later, both McNulty and Hoyer apologized to the House for what had happened. Hoyer said "The minority was understandably angry."

Of course they were. The Democrats were being hypocritical. Because of Republicans keeping votes longer, the Democrats changed House rules in January to disallow the practice of holding votes open to affect the outcome. Also, House Republicans refuse to take up further new business (except for two legislative bills) until the matter has been thoroughly investigated.

Democrats whined that the motion was aimed chiefly at forcing swing-district Democrats into a politically bad vote.

Why is it bad? The motion was to prevent illegal immigrants from receiving welfare benefits. It is easy to understand. If I pay taxes, then I should be entitled to some sort of government benefit. If an illegal citizen gets welfare, then he or she gets a "freebie" while we get the bill. How can that be so complicated?

Before adjourning for the wknd, the House agreed to create a special committee to investigate Republican allegations that Democratic leaders stole a victory from the House GOP on a parliamentary vote.

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Now, the details nearing the end of voting time has been disputed by either side. On most votes that I have watched on C-SPAN, usually there is a flurry of last-minute votes, changes, or what not when time is 00:00 (expired). I really doubt I have seen a 15-minute vote end in exactly 15 minutes.

From the Republicans' viewpoint, they say as time expired, they persuaded three Latino Republicans to change their vote so the motion would pass. Two of them managed to change their vote before McNulty gaveled the vote shut saying it failed 214-214. But the clerk had three of them recorded, so the public tally was 215-213, so therefore the Republicans should have won. They also said that there were no Democrats scrambling to change their votes as time ended.

From the Democrats' viewpoint, as time expired, they stated they had five Democratic lawmakers who wanted to change their votes but could not make it to the clerk. So when McNulty re-opened the vote, the five lawmakers switched their votes. So the official result became 216-212 against the motion.

If I based the vote count on what the Democrats changed back in January, the Republican motion should have passed. McNulty jumped the ball in closing the vote without confirming the final tally with the House clerk. Therefore his 214-214 announcement was in error, and the correct tally was 215-213. He should not have re-opened the vote which would have violated the rules that were implemented in January.

Now I am also not convinced by McNulty's excuse:
"I was the presiding officer and when I was satisfied everyone voted, I called in the vote," said McNulty. "They (minority) made the case that I should have called the vote the split second it went their way, but I had to wait until everyone changed their vote to what they wanted."

How can this be true or false? You saw that the vote was quite close, and people can reasoned that you kept it open until certain votes can be switched to ensure the motion's defeat. I really think we ought to put in an impartial chair overseeing the House session. Plus time did expired, so how can you gavel the vote shut early?

Forbes.com - Republicans Angry Over House Vote

Rawstory.com - Republicans cry 'shame, shame, shame' on disputed vote (contains video of Minority Whip Roy Blunt (R-MO)