Override
Wednesday, June 3rd, 2009The speech-making went on long enough to drive a normal person to “spiritual liquors,” in the soon-to-be-immortal words of Rep. Ronald Huber, a Milton Republican.
When it finally ended, the Legislature overrode Gov. Jim Douglas’s veto of the Fiscal Year 2010 budget bill, giving the Democratic majority a victory and giving Douglas a (perhaps temporary) political black eye.
But first 24 House members, most though not all of them Republicans, droned on and on. Much of what they said was irrelevant, some of it was inconsistent, and some may even have been “duplicious,” which Rep. Duncan Kilmartin, a Newport Republican, proclaimed was “the one word in the English lexicon,” that could describe what the Democrats were saying.
There is no such word.
But give Kilmartin a break. He is no fool. Thanks to the tension in the room – all the members in the Chamber, the spectator seats full, cameras, reporters, Marselis Parsons himself in the back of the room — Kilmartin may have gotten a bit carried away.
Besides, he was trying to keep talking, not because he was carried away but because the Republicans were killing time while Douglas invited a few Democratic lawmakers for one-on-one sessions in his ceremonial office, trying to convince them to cast the one vote he’d need from their party to sustain the veto.
According to Democratic sources, Douglas told those Democrats that his aides and Legislative leaders were close to a budget compromise, the details of which he outlined to them, and that if one of them would vote against the override, the two sides could easily reach agreement.
“That was a lie,” said one Democrat.
Whatever it was, it didn’t work. All 94 Democrats voted to override, as did all five Progressive Party House members and one of the three independents. All 48 Republicans and two independents voted against the override resolution, making the final count 100-to-50, just enough to override.
An hour or so later, the Senate, as expected, voted 23-to-5 to override the veto.
In their effort to delay the vote, and perhaps even to convince one Democrat to switch, the Republicans had three basic themes. One was that instead of trying to ram through this budget, lawmakers should continue to try to compromise with the Governor. Another was that the $26 million in higher taxes would “tax our people into servitude,” as Kilmartin put it.
The third, repeated by several Republican lawmakers, was that the tax increases on alcohol and tobacco would hurt small businesses. especially those “on the east coast of Vermont,” as Hartland’s Steven Adams put it, right near low-tax New Hampshire. It was while making that point that Rep. Hubert assailed the increased tax on what he probably meant to call “spirituous liquors.”
As a concept, though, the way it came out sounded much more intriguing.
The Republican problem here was that the “budget alternative” proposed by Douglas would raise cigarette taxes even higher. The Republicans tried to avoid, or evade, that problem by effectively pretending that the Douglas plan didn’t exist, that the only business before the House was the override of the budget bill.
Rep. Patricia McDonald of Berlin even raised a point of order when one Democrat mentioned the Douglas alternative.
“We are talking about the proposal before us,” she said.
Speaker Shap Smith ruled her point of order “not well taken.”
As the debate droned on, it seemed clear that Douglas might have done better had he never proposed his alternative plan. Even several of the Republican speakers started their remarks by noting, “I don’t like the Governor’s budget, either.” And try as they might to contend that it was irrelevant, it obviously was not. If the budget bill veto had been sustained, Douglas’s alternative would have been central to the negotiations that would have followed.
Douglas’s last-minute , slightly desperate, attempt to switch a Democratic vote or two did not prevent him from claiming, after the override, that “by definition, a veto-proof super-majority” could always get its way.
Then why was he trying, even during the final debate, to persuade some of that “supermajority” to vote with him?
Anyway, the Democrats have no supermajority, whatever that may be. A theoretically “veto proof majority” (which, by the way, U.S. Senate Democrats will not really have even when Al Franken of Minnesota is seated as the 60th Democrat) would require 100 House Democrats, enough to override a vote without the support of any non-Democrats.
But there are only 94 Democrats in the House, where party leaders know they can’t always count on all (or sometimes any) of the Progressives, or on the independents.
Douglas, who invited reporters into his ceremonial office after the Senate vote, was firm, calm, and forceful. But he also looked a bit stunned, rather like a fighter who has taken a hard punch and knows he has to make an effort to stay on his feet.
Like such a fighter, Douglas fell back on routine. He kept throwing the same punches, continuing to assail the budget as though the override were still at issue. He said the budget spent too much (though too little on economic development), taxed too much, was ”unsustainable,” and “does nor reflect reality.” The veto override, he said would “energize the Republican Party.”
Pretty much what politicians usually say after getting the stuffing knocked out of them. Whether there’s enough of a Republican Party in Vermont left to energize is perhaps the relevant question.
Staggered though he might be, Douglas is still the political champ in this state. Overridden twice in less than two months, he’s weaker now than he was after winning his fourth term last November. That doesn’t mean he’s a pushover if he runs for a fifth term a year from next November. He’s the guy in the corner office, and he’s the guy to beat.
Asked whether he felt weakened by the vote, the Governor said, “I’m going to keep fighting.”
No doubt he will. He’s good at it. If yesterday was any guide, he’s not likely to change either what he says or the way he says it. The Legislative session (after an anticlimactic mopping-up operation scheduled for today) is over.
If there is some doubt about how badly Douglas lost, there is none at all about who won. Speaker Shap Smith won, and he won big. Winning support from 93 other people on anything is difficult. Doing it from 93 other Democrats is close to impossible, especially in a structure with no patronage to speak of, or any other obvious lever of political coercion. He had to do it all by persuading, cajoling, and coaxing.
OK, and maybe a little horse-trading. That “Companion Bill” scheduled to be voted on today contains provisions that eased the concerns of some middle-of-the-road Democrats. And according to one knowledgeable source, Democratic leaders agreed Monday to support a summer “sales tax holiday” weekend even though they agree with economists that it’s a very bad idea.
“It was traded for one vote,” the source said, but would not say whose.
The secret to Smith’s success seems to be patience, an apparent diffidence that hides sturdy determination, and a quiet sense of humor. His size and appearance could help, too. He’s short, slight, and looks younger than his 44 years. In fact, he might have let his chin-whiskers grow because without them he’d look about twelve. This “anti-boss” image is just what a political boss needs.
Whatever the reason, Smith is good. He’s shepherded two veto overrides through the House. Right now, he’s not running for anything else. He has time.
But the end of this budget fight is not the end of this budget fight. Douglas made it clear that he plans to use it against the Democrats. Not starting next year. Starting now.
It could be an interesting battle. It could even be informative. But that depends on the substance of the debate. And substance there is. Today’s post centered on the politics of the override. We’ll deal with the substance tomorrow.
(NOTE: There were two conflicting critiques of one item in yesterday’s post. In noting that the number of Vermont millionaires went from zero in 2000 to 531 in 2007, the News Guy called that “a 531 percent increase.”
No, said one commentator: “a 0-to-531 increase in $ million earners is a 53,100 percent increase – not 531%.
But another reader said that “going from zero to any number 1, 531, or 20 million, is an infinite increase.”
I think he’s right. Any of you math whizzes want to weigh in?





