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This belongs to you. Take it back...

Pedro Espada says he has two votes, one for each of his "homes"?

by: Putney Swope

Wed Jun 17, 2009 at 15:52:43 PM EDT


Let the historians note that it only took 9 days for the state's highest ranking Republican, Dean Skelos' ethically challenged pet Pedro Espada, to let the power dangled in front of him take him completely around the bend. It would seem that the Il Duce of the Bronx has jumped the shark in record time. He now claims that he is the awesomest of all the senators, more equal than all the others, and that he has the power to cast not one, but two votes.

Outside an uneventful GOP-plus-Pedro Espada Jr. meeting of the Senate Rules Committee, the breakaway Democrat repeated his claim that as president pro tempore he is also "acting lieutenant governor," and therefore could wield not one but two votes in the chamber, which is deadlocked 31-31.

"I didn't invent that - it's in the Constitution," said Espada.

Espada said his only reluctance to unsheath his second vote and establish a quorum is his desire to avoid landing the Senate in an even more protracted legal battle. "We don't want to end up in court," he said.

He really believes this apparently. He was quoted saying the same thing to the Post this morning:

Renegade Democratic Sen. Pedro Espada claimed yesterday he and his Republican allies are forging an explosive new plan to give him an unprecedented two votes to break the newly emerged deadlock in the state Senate.

"I can have two votes," Espada boldly told The Post.

"We're going to maintain that, as the president pro tempore of the Senate, I am also the acting lieutenant governor, and the lieutenant governor can vote when there's a tie."

This man actually believes that he has been vested with the power to vote exactly twice as many times as anyone else in the New York State Senate. Does he also believe that he can manufacture a quorum by voting twice? What other superpowers does he believe he now has? Does he think he can fly?

More importantly, can he point a single instance anywhere in history where this has been the case for anyone else, no matter what titles they may have had? No? I wonder why that is. Oh right. It's because IT HAS NEVER HAPPENED BEFORE.

I did a brief Google search for the idea. What Espada is proposing has no precedent that I can find over the last four hundred years of Anglo-American parliamentary procedure. Not here, not in the UK, not in the Dominions.

Not anywhere, ever.

Not only is Pedro Espada a common criminal, he has obviously also lost his mind.

Congratulations, Senator Skelos!

Putney Swope :: Pedro Espada says he has two votes, one for each of his "homes"?
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Logic (4.00 / 1)
Never mind that Sen. Espada didn't express himself well; he may be right -- or not.

Article IV, Section 6, clause 4 of the NYS constitution reads:  "In case of vacancy in the office of lieutenant-governor alone, or if the lieutenant-governor shall be impeached, absent from the state or otherwise unable to discharge the duties of office, the temporary president of the senate shall perform all the duties of lieutenant-governor during such vacancy or inability."

One of the "duties of lieutenant-governor," per Art. 4, Sec. 6, clause 1 is that the lieutenant-governor "shall have only a casting vote" in the senate.  It seems to me that this clause means that the lt. gov. can cast the 32nd vote, and if the position is vacant the president pro tem gets to cast that vote instead.

The constitution must be interpreted in a way most likely to allow government to function; so far, Espada's is the interpretation that accomplishes that goal.

But...

Art. III, Sec. 14 states in part that "[no] bill shall be passed or become a law ... except by the assent of a majority of the members elected to each branch of the legislature."  This clause seems to make it clear that ties go to the loser, and that no "casting vote" is necessary.  If we had a lieutenant-governor in place, and if there were a 31-31 vote, the bill in question simply wouldn't pass.

If the framers of the current state constitution wanted to make the bar just a tiny bit higher than they might have, this interpretation (that Espada doesn't get two votes) would still meet the need of allowing government to function just fine.

So when does Espada get that "casting vote" anyway?  My feeling is that any time there is a tie that must be broken in order for government to function he gets to break the tie.  Unfortunately, that includes things like which is the majority party, who the committee chairs are, etc., but it does not extend to legislation.


The government (0.00 / 0)
has been creaking along without throwing overboard 400 years of precedent, Dan. Your argument is ridiculous on its face. Unless you're advocating for a full-scale constitutional crisis for the entertainment value thereof, of course.

[ Parent ]
Creak, creak (0.00 / 0)
I'm not advocating anything here; I'm simply pointing out what the state constitution says.  Perhaps you think my argument is "ridiculous on its face," but I don't see any counter-argument from you or anyone else, nor even a refutation.

Below is some history, posted by "bbill," of which I wasn't aware, but it appears to agree precisely with my point -- and then bbill takes it a step further (love the craziness of the 31-30 scenario, by the way!).

If there is something specifically wrong with my analysis, I'd like to see it pointed out.  Please do so.


[ Parent ]
he's unfortunatley probably right on this one (4.00 / 1)
As much as I dislike Espada, I do need to agree with the fact that he's probably right on this one.

Last summer, the Rockefeller Institute hosted a forum with some of the most highly regarded New York State constitutional scholars (the audio can be found on their website, I've posted the link at the bottom of this comment).  Peter Galie, Gerald Benjamin, and Richard Briffault came to the consensus that even though it would certainly be challenged in court, the President of the Senate would almost certainly get to cast a tie breaking vote in this situation, effectively voting twice.

Additionally, Mason's Manual, which the Senate uses for the minutia of their proceedings, describes this exact scenario, and says that the President would be able to cast two votes.  

The only way out of this is that they can only cast their second vote in the event of a tie.  On anything they want to kill, the Democrats should be able to have at least one person recuse  themselves, meaning the vote would be 31-30 and wouldn't be able to pass.  

http://www.rockinst.org/forums...


also (0.00 / 0)
http://www.nydailynews.com/blo...

Here's a link to a brief summary of that discussion from Liz.  Also, it's important to keep in mind that he only gets his second vote for procedural issues, not for regular bills.  


[ Parent ]
Peter Gaile... (0.00 / 0)
Of Canisius College fame?

[ Parent ]
DEMOCRAT (0.00 / 0)
Yes, Pedro Espada is a DEMOCRAT!

Im sick of this blog trying to tie this scumbag to Republicans. Its so transparent and really puts the credibility and integrity of this site

The facts are he is being used, cause he is a whore and a Democrat.

You should be congratulating the DEMOCRATS that put him up to begin with.

The Reublicans simply did what they had to do, exploiting a weakness to regain power. But this makes them bad guys, DUH!


Unfortunately (4.00 / 1)
We Dems are gonna have to suck it up on this one -- not only did Espada get himself elected on the Democratic line, but he only won because the Democrat he beat was under indictment (certainly his "presence in the community" wasn't the reason).

The party has to clean up its act in that neck of the woods.  Espada has danced with Republicans before, and while there is occasionally some merit to reaching across the aisle, it should be done by people who stay true to Democratic values even as they try to find win-win solutions.


[ Parent ]
"Im sick of this blog trying to tie this scumbag to Republicans." (4.00 / 1)
Uhhhh, the Republican just tried to make him the President pro temp. The Democrats stopped him from stealing 2 million from the state.

The Republicans gave him a standing ovation upon his swearing in.

We aren't tying anything. Skelos himself tied the knot.

Erik, you can't have it both way, my man.

We've got some work ahead of us.


[ Parent ]
I'm sick of people... (0.00 / 0)
Not having the fortitude to say that he is a Republican. I'm sorry, but I don't care what it says on your voter registration. If you want to side with them, you are a Republican.

You can spin this any way you want. But he became President Pro Tempore thanks in large part to 30 REPUBLICAN votes. Not a single real Democrat in the chamber voted for him.

All 30 Republicans did.  

Support our troops, not the war.


[ Parent ]
He is totally unhinged... (0.00 / 0)
...where the hell are all his advisors on this?  Is no one telling him how insane he sounds?

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