I’ll be posting more about this later, when I’ve had the chance to actually read up on the ruling, but I’ve got 2 thoughts on the matter immediately.
First, I commend the LG for wanting to settle this matter now, before the Dems use it to grind work in the GA to a halt – and I know they will.
Second, tho, I have to raise a point about the LG’s perspective. He claims he’s not an elected member of the Senate, but I would suggest he is. By virtue of our Constitution explicitly stating his position as President of the Senate, he’s a member. I can’t imagine the point of writing these laws was to engineer a point of failure in the process.
More to come…
Update: After reading the statement of the Lt. Gov., I must grudgingly agree with him. I stood prepared to argue that the Lt. Gov. is very much a member of the Senate and the plain text of the description of office says so. I was prepared to argue that the Lt. Gov. is very much “elected” and, in all respects, meets the requirements called for as a “member elected” whether his specific title is “Senator” or not.
But there is no getting around Lt. Gov. Bollings’ argument that the Constitution quite specifically caps the membership of the Senate at 40 members and, with the 40 districts represented by 40 Senators, that the inclusion of the Lt. Gov. to that body would yield 41 members. That is unconstitional, no matter how you slice or wish it weren’t so. And so, to my previous call to AG Ken Cuccinelli to fix our primary ballot system I’ll add this call to Lt. Gov. Bill Bolling: Get legislation introduced that would amend our Constitution to explicitly allow the Lt. Gov. to perform his duties to break ties in all cases. Shouldn’t be tough, sir.
My compliments to Lt. Gov. Bolling for his honor and integrity in this matter.