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The Veto Vote That Wasn't

by: Caitlin Rollo

Thu May 26, 2011 at 18:05:53 PM EDT


(On-the-scene report... - promoted by elwood)

So much happened yesterday that it is hard to decide where to start.  We all know one thing, the NH House of Representatives was scheduled to vote on whether to override or sustain the Governor's veto of HB 474 - the right to work for less legislation - on Wednesday, March 25th.

Towards the end of the legislative session though, it became increasingly apparent that NH House Speaker Bill O'Brien did not have the votes to override the Governor's veto and he decided to postpone the vote rather than face the rejection of his extreme partisan agenda.

When it became obvious that the NH House would not be acting on HB 474, both pro-worker and open transparency advocates in the State House became agitated with Speaker O'Brien's inaction and his constant back peddling on this issue. In protest, Rep. Tony Soltani (R-Epsom) rose during the third reading - the formal act that generally concludes the legislative activities for the day - and  voiced his opposition of postponing the vote.

With a record high turnout of state legislators - and thus an extremely representative cross-section of public opinion - it was the perfect time to take the vote. But Speaker O'Brien would hear nothing of it - when Rep. Soltani began to voice his concerns, the Speaker tried to stifle him. When Soltani persisted, the Speaker ruled him out of order and directed the Sergeant-At-Arms to escort him back to his seat.

Caitlin Rollo :: The Veto Vote That Wasn't
Before he was seated, Rep. Soltani questioned why O'Brien was not calling for the vote after he had publicly stated that the vote would be held today.  Now it must be made clear that, in recent memory, a Speaker has never made such an extreme request that a fellow colleague be escorted back to their seat.  This act and the refusal to take the vote is disrespectful to the entire House (again, AP reports that 380 state representatives were in the House gallery which is a rare attendance rate by their calculation) as well as the legislative institution itself.

After the House session the Speaker held, for the second week in a row, a closed-door press conference.  While not an entirely uncommon occurrence, it is a part of the larger trend of the House Leadership's lack of transparency and unwillingness to face the public in defense of House actions - or in this case, inactions. Why are they hiding now?  What don't they want the public to know?

In this closed door press conference the Speaker told reporters that he will hold the vote "when the time is right" - meaning, when he can get his small group of supporters in the room alone. The Speaker can call the House into session and hold the vote whenever he feels like it - whenever he thinks he will win.

Even if it's in the dead of night.

Stay posted for more on that front. In the meantime, while Seth Cohn has responded that the timing of this was a mere coincidence, we did find it interesting that the Speaker joined the Natural Rights Caucus for a photo shoot less than 20 minutes after his press conference ended.

Given that just last week the NRC announced that Right to Work for Less is a prime piece of legislation for them, we couldn't help but wonder if a premature victory photo shoot had been established.

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Jeez (4.00 / 3)
When did NH became a banana republic?
Question; is there any recourse if the speaker is able to sneak this vote in during the dead of night or when only a few of his supporters are present?  Is there any move to replace him among the Republicans that he's offended?  

Is There Any (0.00 / 0)
rule making a deadline for attempts at veto over-rides?  If not, why can't (or shouldn't) the minority at least propose one and underline this sham for the voting public?

Sure, I voted for less government and less government spending...just NOT the parts that I benefit from!

no not really (0.00 / 0)
The House rules are silent on this issue.  The state constitution says:

[Art.] 44. [Veto to Bills.] Every bill which shall have passed both houses of the general court, shall, before it becomes a law, be presented to the governor, if he approves, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it; if after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with such objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of persons, voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.

September 5, 1792

So a vetoed House bill goes to the House first, and if the veto is not upheld, the Senate gets a crack at it.  Roll call votes as required by Art. 44.  

It is not 100% clear whether the "2/3 of that house" means 2/3 of the membership or 2/3 of those who are present in the hall when the vote is taken.  (It could even theoretically mean 2/3 of those who showed up for the session day; on May 25th, there were at least 381 reps who showed up for work even though no more than 380 voted on any of the roll calls.)


[ Parent ]
O'Brien decides not voting better than a loss. (4.00 / 4)
High-stakes poker:

Speaker folds with full house.



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