THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, November 9, 1995 TAG: 9511090467
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE AND WARREN FISKE, STAFF WRITERS
DATELINE: RICHMOND LENGTH: Long : 117 lines
Although Republicans fell just short of seizing legislative majorities in Tuesday's election, they gained unprecedented control of judicial appointments and heightened influence over the state budget.
Some Republicans said on Tuesday that the 20-to-20 split they achieved with Democrats in the state Senate gives them the power to virtually shut down the legislative process if Democrats refuse to share power.
Democrats said on Wednesday that they still consider the Senate under their control because Lt. Gov. Donald S. Beyer Jr., a Democrat, can cast tie-breaking votes in many instances. They said the state Constitution clearly allows Beyer to cast a decisive vote to keep the party in control of all-important committee assignments and chairmanships.
``The Democrats in the state Senate have always liked our lieutenant governor,'' said Sen. Stanley Walker, D-Norfolk, now the chamber's senior member and poised to become chairman of the powerful Senate Finance Committee. ``We love him today more than ever.''
But Republicans warned that Democrats will need their cooperation on some key state business. The Constitution mandates that 21 votes in the Senate are needed to appoint judges, enact a budget and approve borrowing.
That means Republicans will tote a heavy hammer later this year when they try to force Democrats to share chairmanships and committee assignments with the GOP.
They could even grind the Senate to a halt by refusing to take their seats. The Constitution says 21 members are needed for a quorum.
``The Republicans have the power to shut down the Senate of Virginia,'' said Sen. Kenneth W. Stolle, R-Virginia Beach. ``The Democrats have to realize that they're not in the majority any more - that both parties will have an interest. This is not going to be business as usual.''
Several Democrats said they are willing to listen to the Republicans, but were skeptical about the concept of sharing chairmanships.
``I don't want to reject it out of hand, but you just can't turn a legislature into a Quaker meeting,'' said state Sen. Joseph V. Gartlan Jr., D-Fairfax, who chairs the Privileges and Elections Committee. ``A majority that gives away or shares power diminishes it.''
Sen. Richard J. Holland, D-Isle of Wight, said, ``I don't object to four or five people from each side sitting down and talking about it. I'll tell you, though, I don't think a Republican is going to be chairman of Senate Finance.''
Senators from both parties said legislators will likely meet in the next two months to discuss the distribution of power in the Senate. Floor leaders and committee chairs are formally appointed when the legislative session opens in January, though the process typically has been a formality under Democratic rule.
Each party also will have to settle its own leadership questions, particularly the Democrats who saw Majority Leader Hunter B. Andrews fall at the polls. Talk of successors centered on Gartlan and Fairfax Sen. Richard Saslaw, as well as Holland, Spotsylvania Sen. R. Edward Houck and Bluefield Sen. Jackson E. Reasor Jr.
Republican leader Joseph Benedetti, of Richmond, was unopposed Tuesday, but is expected to be challenged within his party by Williamsburg Sen. Thomas K. Norment Jr. or others.
An odd result of the elections is that even though Democrats retained power of both legislative chambers, Republicans appear to have won control of judicial appointments.
With just 20 votes, Democrats no longer have power to approve judges in the Senate without Republican help. And if a majority in both houses of the legislature is unable to agree on a judicial candidate, then state law permits Allen to make the appointment.
``This means the end of a Democratic monopoly in judgeships and a huge change in the political culture of the state,'' said Mark Christie, deputy counsel to Allen. ``In the past, if you wanted to be a judge, you had to be a Democrat. That's no longer so.''
Despite the stalemate in the Senate and a Democratic victory in the House of Delegates, Allen and other Republicans characterized the election as a draw.
``I consider the Senate to be a victory,'' Allen said during a Wednesday morning news conference.
``For the first time, no budget can be passed in the senate with just the votes of Democrats alone. The Senate necessarily will be run in a bipartisan manner.''
Both parties held post-election news conferences Wednesday, promising to end the confrontational rhetoric of this fall's election and prepare for some cooperative lawmaking in January.
But Democrats also said they consider Tuesday's returns a defeat of Allen's proposals to cut taxes, build prisons and give lottery profits to local governments. And their priority will be to make good on the Democrat's pledge this campaign season: computers in classrooms, smaller class sizes and sound fiscal management.
House Majority Leader C. Richard Cranwell, D-Roanoke, predicted more investment in higher education and promised to battle Republicans if they propose cuts to the elderly.
And Beyer, while promising bipartisan cooperation, said ``it's time to look at shifting our budget priorities.'' He said Democrats will continue to oppose Allen's accelerated prison construction proposals, and will seek heightened spending on crime prevention.
``Virginia threw down the gauntlet to the governor yesterday, and asked him for cautious, mainstream and responsible leadership,'' Beyer said. MEMO: IT TAKES 21
Most state laws can be enacted by a simple legislative majority, even
if all the senators or delegates don't vote. But some matters in the
40-member state Senate must be approved by at least 21 of the elected
members - a point that could mean unprecedented sway for Republicans.
Among them:
Taxes. Any new tax or change in the rates of old ones.
Borrowing. Any time the state sells bonds.
Spending. The state's biannual budget.
Judges. All of the state's judicial appointments.
ILLUSTRATION: [Color Photo]
BILL TIERNAN
The Virginian-Pilot
THE KEY VOTE: Lt. GOv. Donald S. Beyer Jr., right, with Thomas W.
Moss gives his spin on the election Wednesday at the Capitol.
by CNB