THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Monday, November 20, 1995 TAG: 9511200092
SECTION: FRONT PAGE: A2 EDITION: FINAL
SOURCE: BY WARREN FISKE, STAFF WRITER
LENGTH: Long : 104 lines
They've flipped coins, played hardball and gone to court.
Twenty-one state legislative bodies have been evenly divided between Democrats and Republicans since 1973, and the way they have resolved power has varied.
Virginia faces a 20-20 split in the state Senate next year but it has a tiebreaker: Lt. Gov. Donald S. Beyer. Legislatures that don't have tie-breaking procedures are forced to share power somehow.
The Wyoming Senate in 1975 tossed a coin. The winning party named the president of the senate, the loser got first dibs on a committee.
Lawmakers who have served in split houses say the uncertain leadership makes life a little confusing, and can deter passage of comprehensive legislation.
Or, the stalemates can put lawmakers on their best behavior, and result in a strong spirit of bipartisan cooperation.
``They realized that no one would be re-elected if they fought,'' said Richard Urey, a spokesman for Nevada Gov. Bob Miller, whose lower house was split last year.
``Everything worked out fine.''
Here's a look at the chambers that have been split this decade and how they coped:
Nevada House, 1994: Republicans gained eight seats in last year's election to force a 21-21 split with Democrats in the Nevada Assembly.
Negotiations to share power began peacefully, but flew apart two days before Thanksgiving when a Republican challenger contested her 123-vote loss to a Democratic incumbent, alleging voting irregularities. GOP leaders quickly exploited the challenge, insisting the Democrat could not be seated until the matter was resolved and claiming a 21-20 majority. They backed off a week later when it became apparent the challenge had no merit.
Under a deal struck with Democrats, each party elected a speaker and committee chairs. The parties rotated power in the House every day.
Lobbyists complained that it was difficult dealing with two power structures, and lawmakers went out of their way to ensure their bills were considered on days when their party was in control. But by most accounts, the arrangement worked well. Gov. Bob Miller was able to get approval of a welfare reform proposal. All told, fewer bills were passed this year then in 1993, when the Nevada Assembly last convened.
Michigan House, 1992: Republicans gained six seats in the 1992 elections to force a 55-55 split in the House of Representatives. The outgoing Democratic majority didn't leave without a fight, however.
Two weeks after the election, the lame-duck Democratic caucus passed a rule saying that in cases of tied partisan membership, control of the House stays with the party last in power.
Lambasted by editorial pages and under threat of a lawsuit, Democrats quickly repealed the rule.
The parties agreed to rotate the speakership and committee chairmanships every month. When one party held the speakership, the other held the chairmanships. The so-called ``stereo speakers'' were given 12 ``silver bullet'' votes they could use each year to break tie votes on bills in committees.
The spirit of cooperation was high, however, and the speakers never had to use their special votes. The House was able to compromise on tax reform legislation.
Pennsylvania Senate, 1992: Republicans clung to a narrow 26-24 majority after the 1992 elections, but then 14-year GOP incumbent Frank Pecora of Pittsburgh defected to the Democrats. Pecora was upset because court-ordered redistricting would take away his seat when his term expired in 1994. He had accused Republicans of not protecting him.
The 25-25 split put Democrats in power, because Lt. Gov. Mark Singel, a Democrat, could break ties. Democrats installed a new Senate president and committee chairmen, laid off 18 advisers on the Republican staff and booted GOP lawmakers from posh capitol offices to more modest accommodations.
The cabal came tumbling down, however, when a court found that ballot fraud had aided the re-election of Democratic Sen. William Stinson and gave the seat to his Republican challenger.
Florida Senate, 1992: Republicans gained three seats in the 1992 elections to force a 20-20 split. Unlike most states, however, the lieutenant governor of Florida doesn't preside over the Senate and can't break ties. Democrats and Republicans had to find a way to share power.
It wasn't easy. In the opening session, the chamber deadlocked on nine straight votes to elect a new president, sending everyone to the back rooms. A Jacksonville Democrat who was considering switching parties was spirited away to a beachfront condominium to keep her from Republican swains.
Several days later, the parties agreed to rotate the Senate presidency each year. The first year, Republican Ander Crenshaw won credit for being even-handed and appointing Democrats as chairmen of six of the Senate's 19 committees. The next year, Democrat Pat Thomas offered the same courtesy to Republicans.
Although the era is not recalled as a golden age of accomplishment, a consensus did defeat tax increases proposed by Democratic Gov. Lawton Chiles. The tie ended in 1994 elections when Republicans gained one seat to claim their first outright Senate majority in 120 years.
Idaho Senate, 1990: Democrats gained two seats in the 1990 elections to force a 21-21 split in the Senate.
On the opening day of the legislative session, Lt. Gov. C.L. Otter, a Republican, broke the split by casting a decisive ballot to retain GOP leadership. Democrats filed suit, claiming the state constitution did not specifically authorize the lieutenant governor to break tie votes in ``organizational matters.''
By a 3-1 vote, the Idaho Supreme Court decided in favor of the lieutenant governor. by CNB