By Delegate John Overington, R-Berkeley
The time has come to begin the new millennium with an open breath of
fresh air of increased accountability in the West Virginia House of
Delegates. Many citizens are not aware that the House of Delegates
passes most bills by a voice vote with no definitive record of how each
member votes.
Generally a vote is recorded only when one of the 100 House members
specifically requests that it be recorded. Most delegates do not make
this request. The Senate, unlike the House, has been providing
recorded votes on ALL bills on passage for a number of years.
For several years I have raised this issue, including crafting a new
version, H.R. #8, this year. Last year I listened to the discussion on
this issue which focused on the large number of roll call votes that
would occur on rule making review bills and sunset legislation that were
considered more of a formality and the roll call votes not needed.
I wanted to find a reasonable compromise so this year's version, with
14 sponsors, House Resolution #8, specifically exempts those two
categories of bills. All other bills on passage would be recorded
votes. It is most disappointing that the House leadership still opposes
this increased accountability measure.
Every issue is important to somebody whether we identify it as a
controversial or high profile issue or not. Every citizen or group has
a right to know how we vote on each issue. The laws we pass affect all
citizens, and they should have a right to know how we vote to represent
them.
The practical policy is that we have roll call votes on some hot button
issues. Delegates may want a clear and decisive record of how they vote
on some issues but not others. I have observed that we often have
recorded votes on such issues as abortion, flag burning, tax increases,
gun ownership issues, and veterans issues. On the other hand we have
passed on voice votes bank issues, political firing legislation,
automobile issues, pornography on public computers, and body piercing
studio legislation.
Doesn't the public have a right to know how we vote to represent them
on those issues, on all issues?
There are times when all of us would rather not be on record on some
issues and votes. We should not leave the request for roll call votes
up to individual members, though. The public has the right to know how
we voted, even if none of us decides to request a recorded vote.
I have heard the argument that any of us can request any roll call vote
on any bills. That is very true. But the stark reality is that for
most votes, this is not occurring. The public is in the dark, and
accountably is lost.
Various options have been proposed to get around this simple request,
but all are flawed in some way or thwart the accountability that H.R. #8
aims to achieve. I wish there was some compromise to do this without
losing full accountability.
One view has us voting "Yes" unless we request the clerk to record us
as voting "No." Is my vocal "No" vote only a "No" vote if I tell the
clerk it was "No"???
In another case I wouldn't even have to be in the chamber to be
recorded as voting "Yes", and a lobbyist or colleague after the session
could try to get me to record my vote in the negative, regardless of how
I had actually voted.
There is another problem. I have been here many Fridays when we did
not have any recorded votes, but with this version, I could be absent
and still be on record as having voted "Yes" on all voice votes for the
day. Clearly that version is not acceptable. And I can see no other
alternative than H.R. #8.
Efficiency in a democracy is not always the final goal for citizens
participating in their government. If we want efficiency, we can go to
a monarchy or dictatorship. In a representative form of government the
focus is on representation and accountability, and that is one of our
strengths.
The purpose of H.R. #8 is simple: Increased accountability to the
people of the state of West Virginia. And I think that will also lead
to increased confidence in our representative form of government and
with that increased accountability and confidence, we may even get
greater voter participation.
Will this recorded roll call vote process take much time? No. We have
a talented speaker who can do a voice vote in seven or eight seconds as
opposed to 15 seconds with a recorded vote. This change may take an
extra hour during the 60-day legislative session. It should not slow up
the process, although some say that would not be a bad idea.
The media has long been an advocate for open meeting legislation and
sunshine laws. Their support was shown by editorials across the state
last year when this issue was raised.
The public supports this accountability. My annual Citizens' Poll this
year showed a support level of 98% in favor of automatic electronic
recording of votes. Most of the public don't even know recorded roll
call votes are not done automatically, especially with technology making
it so easy.
We already have the green and red buttons at each delegate's desk which
we use for some votes. The system is already in place and fully
operational. Let's get the 21st century off to a fresh new start! What
are we trying to hide by not recording our votes?
Delegate John Overington (R-54) is a 16-year member of the House of
Delegates from Berkeley County -- 220 Hoffman Road, Martinsburg, WV
25404 (304) 274-1791 E-Mail: john@overington.com Web Site: http://www.overington.com
