Legislative Cross Voting
July 1, 2009
Initially, Tim Utz, candidate for House District 50-A, noticed irregularities in voting while observing current House District 50-A Representative Carolyn Laine during House floor sessions. Campaign Committee for Constitutional Republicans reporter Peter Lydecker presents the story “Cross Voting” for the citizens of Minnesota to consider.
When The United States was founded, it was a revolution - - literally and figuratively. The idea that people could govern themselves was a revolutionary idea. Central to the process of governing ourselves is voting. We vote in caucuses. We vote in conventions. We vote pretty much anywhere. We vote at the ballot box to choose those who will represent us in government. Voting is so central to our system of government that if anything could be considered sacred in our system, it would be voting. How sacred is voting? Well…. depending on where you look, maybe not so much. Unbelievably, representatives in the Minnesota House of Representatives are voting for each other. That is correct; representatives are casting votes for each other.
This ‘cross voting’ was first observed on April 22, 2009. (Some may say this is politics because the first Representatives to be discovered cross voting were Democrats. But do not worry, Republicans do it too.) The first time it was noticed, Tom Anzelc was seen voting for Carolyn Laine. Which vote that was is unknown—the person observing it couldn’t really believe his eyes, and was pretty much stunned. Was this possibly an anomaly.....? Of course it was an anomaly, voting for someone else is against the rules, right? Then it happened again, and again, and again. It might be a good idea to find out who is voting for whom and on what votes. See the list at the end of the article for some of that information. There was much morecross voting that was going on than was being recorded.
The list does have more Democratic names than Republican names on it. Again, some people will undoubtedly cry ‘politics’ and try to discount the cross voting on that basis alone. Don’t blame politics—there is a much simpler reason. The primary purpose for being in the House chamber was to observe the House debates. The acoustics of the House chamber are a little odd. It is far easier to hear what is going on by sitting above the Republican side with the Democrats in view. It is much more difficult to hear what is going on by sitting above the Democratic side with the Republicans in view. So, more time was spent in the place where the debates could be more easily heard. As a result, more cross voting was observed being done by the Democrats than the Republicans.
So, is cross voting OK? (We all know the answer, but let’s ask anyway…) Let’s first ask this question. What do you think might happen if you were to show up at your local polling place on Election Day and try to vote for someone else? You would be thrown out of the polling place, or perhaps jail for voter fraud would be awaiting you. Cross voting is also a violation of the Minnesota House of Representative's own rules:
Adopted on February 12, 2009
Article II, Floor Proceedings Voting Decorum
Section 2.10 Electronic Voting System or the House Permanent Rules:
An electronic voting system under the control of the Speaker may be used to take any vote except a vote on an election or if the House is currently taking a roll call. A member must not vote on a question except at the member's own seat in the chamber.
Seems pretty clear that a member is not “voting on a question” except at the member’s own seat in the chamber, One Representative has only one vote, his/her own.
A former Representative who wishes to remain anonymous said that cross voting did happen at times. An example of when it might occur was when a Representative, in a Conference Committee meeting at the same time as a House session, may ask a seatmate to vote for him/her. Also, if a Representative needed to go to the bathroom the seatmate may be asked to vote in his/her place. Another example of a similar justification for cross voting was when a Representative needed to go a room behind the Speaker’s podium to eat (eating not being allowed on the House floor) and things were moving along faster than expected, and as a result the Representative would miss a vote. Instructions would be given prior to departure of the absent Representative on how to vote--Yay or Nay--on the upcoming votes. The former Representative did acknowledge there were some Representatives who would abuse these situations.
Although these justifications for voting for someone else may seem 'reasonable', they are not. There can be no excuses or justifications for one Representative voting for another. If the Rule of Law is to be adhered to anyplace in Minnesota: the origination of law “The Minnesota House” is the supreme place of adherence.
Historical Observation
APRIL 22, 2009
Tom Anzelc District 3-A, Balsam Township cross voting for Carolyn Laine District 50-A Columbia Heights was the first to be noticed. Unfortunately, I did not have the complete presence of mind to start keeping track right away. I was a little in shock because I had trouble believing my eyes……However, this was only the beginning of our discovery. There was a lot of cross voting going on.
APRIL 29, 2009
HF 2323: Omnibus tax bill, motion to refuse to concur with Senate Changes. Voice vote Carolyn Laine, House District 50-A Columbia Heights neither in sight— nor near her chair.
SF 282: Solicitor definition for federal nexus and Internet sales tax purposes. Voice vote Carolyn Laine, House District 50-A Columbia Heights neither in sight—not near her chair.
SF 657: Federal stimulus energy programs funding direction and appropriations. Amendment voice vote Carolyn Laine House District 50-A Columbia Heights neither in sight—not near her chair.
MAY 5, 2009
SF 615: Hennepin County specialty psychiatric hospital construction project moratorium exception. Carolyn Laine House District 50-A Columbia Heights votes for Tom Anzelc House District 3-A Balsam Township? (Did not see actual cross vote, but did not see Representative Anzelc elsewhere on the floor and he voted).
MAY 6, 2009
HF 819: Unfair ticket sales prohibited conference committee Report. Carolyn Laine House District 50-A Columbia Heights voted for Tom Anzelc House District 3-A Balsam Township.
SF 1611: Nonprofit insurance trust self-insurance authorization. Joe Mullery House District 58-A Minneapolis voted for Andy Welti House District 30-B Plainview.
SF 1876: Miscellaneous transportation department (DOT), motor carriers and highways provisions modifications. Tom Anzelc House District 3-A Balsam Township voted for Bill Hilty House District 8-A Finlayson. Gail Kukick Jackson House District 16-A Milaca voted for Paul Maquart House District 9-B Dilworth.
SF 1539: Viatical (life insurance) settlement model act of the national association of insurance commissions enactment and modifications. Joe Mullery House District 58-A Minneapolis voted for 4 others, Mindy Greiling House District 54-A Roseville, Carlos Mariani House District 65-B St. Paul, Tina Liebling House District 30-A Rochester, and Jeff Hayden House District 61-B Minneapolis.
SF 1172: Alcohol and controlled substance testing exemption extension (vote results 131-0). Joe Mullery House District 58-A Minneapolis voted for 4 others, Mindy Greiling House District 54-A Roseville, Carlos Mariani House District 65-B St. Paul, Tina Liebling House District 30-A Rochester, and Jeff Hayden House District 61-B Minneapolis.
MAY 13, 2009
HF 1122: Agriculture and veterans affairs omnibus bill Conference Committee Report (vote results133-0). Tom Anzelc House District 3-A Balsam Township voted for Carolyn Laine House District 50-A Columbia Heights.
HF 855: Omnibus bonding bill Conference Committee Report (vote results109-25). Tom Anzelc House District 3-A Balsam Township voted for Carolyn Laine House District 50A Columbia Heights.
SF 2: State budget recommendations development requirements and modifications; money map for children services; deputy and assistant commissioner reduction; whistleblower protection; drivers license reinstatement Conference Committee Report. After 3rd reading Marty Seifert House District 21-A Marshall voted for Randy Demmer House District 29-A Hayfield.
MAY 16, 2009
Legislative roll call for daily session: Phyllis Khan House District 59-B voted for Mary Murphy House District 6-B Hermantown. Tom Anzelc House District 3-A Balsam Township voted for Bill Hilty House District 8-A Finlayson. Both Murphy and Hilty arrived shortly after roll call.
HF 265: Disposition of items on death references clarified, collection by affidavit provided of certain property, provisions governing final disposition of remains modified, and an erroneous reference and other clarifications corrected. *Call of the House: Thomas Huntley House District 7-A Duluth voted for Joe Atkins House District 39-B Inver Grove Heights. Roll: Jeff Hayden House District 61-B Minneapolis voted for Tina Leibling House District 30-A Rochester. Call of House lifted
HF 818: Vulnerable adults; financial records disclosure in connection with financial exploitation investigations authorized, procedures for reporting and investigating maltreatment modified, human services commissioner directed to seek federal grants, money appropriated from the federal government, duties of financial institutions specified in cases alleging financial exploitation, and financial exploitation crime amended (vote results127-0). After 3rd reading: Rick Hansen House District 36-A South St. Paul voted for Tim Faust House District 8-B Hinckley.
HF 1476: Liquor licensing requirements clarified and modified, various licenses authorized, shipments into the state provisions modified, wine tastings provided, and certain on-sale hours extended. After 3rd reading: Linda Slocum House District 63-B Richfield voted for Phillip Stemer House District 37-B Rosemont. Tony Sertich House District 5-B Chisholm voted for Melissa Hartman House District 47-B Brooklyn Park. John Persell House District 4-A Bemidji voted for Loren Solberg House District 3-B Grand Rapids.
SF 477: Paint stewardship pilot program; used architectural paint collection and processing (vote results 97-30). After 3rd reading: Tara Mack House District 37-A Apple Valley voted for Keith Downey House District 41-A Edina who showed up right after vote.
SF 1147: Vacant, abandoned and nuisance property modifications; property protection duty; municipal reduced redemption period; tenants rights in mortgage foreclosure and contract for deed cancellations clarification (vote results 101-26). Joe Hoppe House District 34-B Chaska voted for Larry Howes House District 4-B Walker who arrived right after the vote.
HF 489: Periodic sunset and evaluation of state agencies provided Conference Committee report (vote results 97-31). Call of the House: Tara Mack House District 37-A Apple Valley voted for Matt Dean House District 52-B Delwood. After 3rd reading: Keith Downey House District 41-A Edina voted for Tara Mack House District 37-A Apple Valley.