In a memo issued Tuesday, Lt. Gov. Bill Bolling laid out just what Virginia Senate issues he'd be voting on.
In the November 2012 legislative election, Democrats failed to hold on to their Senate majority, leaving the chamber with an equal share of elected senators from each party.
However, Bolling, as President of the Senate, can cast a deciding vote on some issues if the chamber is deadlocked. In his memo, Bolling went through the Virginia constitution to identify what those issues are.
His office said in a release on Tuesday:
Consistent with his prior statements, the Lieutenant Governor has concluded that he is empowered to vote on organizational matters and all ordinary legislation and procedural issues that come before the Senate and results in a tie vote, unless some other Constitutional provision clearly limits his ability to vote and imposes a higher standard for passage or approval.
But he did say that there is a limit to his tie-breaking powers:
Consistent with this finding, the Lieutenant Governor has also concluded that he cannot vote on those matters where the Constitution of Virginia specifically requires a majority of the “members elected” to pass. Bolling has concluded that the Lieutenant Governor is not an elected “member” of the Senate, and as such, is precluded from voting on such matters. This interpretation is based on the clear reading of the Constitution and is consistent with prior Attorney General’s opinions and advice.
In December, Democractic Caucus Chairman Donald McEachin sued in Virginia circuit court to keep Bolling from voting as a tie-breaker. However, a judge threw the challenge out, calling it speculative and premature to make a ruling on a tie-breaking vote that had yet to be cast.
“I recognize that Senators on both sides of the aisle may be disappointed with my conclusions, albeit for entirely different reasons,” Bolling said. “However, throughout my service as Lieutenant Governor, I have tried to preside over the Senate in a fair and impartial manner, and I will continue to do so.”
