RICHMOND — The first order of business for freshly sworn-in Virginia state senators is a snooze of a resolution, one that sets out how many seats Republicans and Democrats get on each committee.
It’s important stuff — committees control which bills reach the Senate floor for a vote, and which ones die — but it’s also a foregone conclusion. After all, everyone has known since Election Day which party will rule the Senate.
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But not this year.
Two months after elections left the Senate with 20 Republicans and 20 Democrats, the General Assembly convenes Wednesday with the parties still fighting over who will control Richmond’s upper chamber.
The GOP, which already had the House and governor’s mansion, says it will be in charge because Lt. Gov. Bill Bolling, a Republican, breaks tie votes. The Democrats contend that Bolling cannot vote on Senate organization — including committee makeup — and that power must be shared.
So the sleepy procedural votes that normally kick off the Senate’s opening day promise to become a fierce battle, one likely to be fought with arcane parliamentary maneuvers and a second run at a lawsuit. Each party says the other has been trolling for turncoats, offering plum committee posts to those willing to cross party lines. (Both parties deny doing any such thing.)
“We’re in uncharted waters,” said Sen. Janet D. Howell (D-Fairfax). “The stakes are extremely high and I don’t think the public wants a Republican power grab.”
While Democrats characterize Republicans as power-hungry — Sen. A. Donald McEachin (D-Richmond) last week compared Bolling to Alexander Haig, President Reagan’s famously assertive secretary of state — the GOP describes Democrats as in denial.
“The bottom line is, we have to organize and go forward,” said Sen. John C. Watkins (R-Chesterfield). “And if they want to be obstructionist, that’s entirely up to them.”
How Democrats intend to fight a GOP takeover remains uncertain. The Democratic Senate Caucus plans to meet at a Richmond hotel on Sunday to strategize.
Some Republicans have it that Democrats will flee the commonwealth to deny Republicans a quorum. Democrats say they’ve ruled out flight. More likely: elaborate procedural maneuvers aimed at blocking certain Bolling votes. If that doesn’t work, they’ll probably head to court.
“We will react accordingly,” said McEachin, noting his pending lawsuit against Bolling.
The case, filed in December in Richmond Circuit Court, has so far gotten McEachin nothing but mocking. “Democrat Sore Loser Suit,” the GOP calls it. Judge Beverly W. Snukals declined to issue the temporary injunction McEachin sought to block Bolling from voting on organization, ruling that the issue was not “ripe” because he had not yet cast such a vote.
Yet Snukals has not dismissed the suit, which seeks a declaration that the lieutenant governor cannot vote on certain matters. McEachin hinted that he’ll seek another injunction if Bolling votes on organization.
But there’s a catch: Under state law, the lieutenant governor, like the governor and General Assembly members, cannot be compelled to appear in a civil court matter during the session, nor for 15 days before or afterward. If Bolling refused to appear, McEachin’s case could not be heard until after session.
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