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There are a few interesting questions I have in my head to keep in mind for future votes.
1. Vote-counting. As I documented in my piece on Wednesday, Sen. Duane, the lead sponsor and vote-counter, said repeatedly for months that he had the votes and we'll be fine. His comments after the vote indicated that he had been betrayed and lied to- something I believe myself.
My question is how you can say for months that you have the votes and then lose so badly, even taking into account that many Republicans jumped ship once they knew the bill would fail, which was definitely part of the equation here. Keeping in mind we went into this knowing we would need Republican votes for passage, my question is what else happened here, and why Duane said he had the votes for months then they evaporated.
I see several possibilities:
(a) Duane never got firm commitments and/or can't count votes properly
(b) Duane was straight-up lied to by lots of Senators
(c) Republicans made commitments to Duane to vote yes, but between the state Conservative party threatening primary challenges for Republicans who voted yes, and the NY-23 teabagger story, they were scared to death and never told him they were switching to no
(d) Skelos, the minority leader, said publicly he would let his caucus vote their conscience. This turned out to be untrue, he twisted arms, and that is something Duane did not know about or take into account
(e) Sen. Alesi, who was one of the most gettable Republicans, was #3 in the vote order and once he voted no, he became the domino that caused all the other Republicans to vote no (something he denies)
(f) The Republicans, and maybe some Democrats, DID tell Duane they were switching to no, but he didn't want the bill pulled even though he knew it would fail
(g) Duane never got firm commitments from everyone he needed, and was operating on an assumption that even if he could only get verbal commitments from some Democrats and a Republican or two, the rest of the votes he needed would fall in line anyway and we'd be set
Perhaps there's more possibilities. In truth, it's probably some of many different pieces. If it's (a), I wonder what the nature of those conversations were and why Senators think it's okay to go back on their word, on this issue, to an openly gay Senator. If it's (g), that is something to think about at a tactical level.
I have more questions than answers on this, but the more I think about this the more I realize something is not right with either the vote-counter, the model under which he was operating, or the people making the commitments to him.
2. Whether you should have a vote at all. Empire State Pride Agenda had been insisting on a vote for months with the rationale of the importance of knowing where Senators stood. There were a lot of Senators who refused to state a position. The one good thing about this is that now we know who to support and who to defeat.
On the other hand, by many accounts and my own opinion, this bill did significant damage to the chances of New Jersey passing its own law, partly because of lawmaker nervousness and partly because they share media markets (a full Senate vote there will be held on Dec. 10th). It also made headlines around the country and perhaps changed more than a few minds or hardened more than a few opinions on this. I was personally okay with losing a vote by one or two, but not getting it resoundingly defeated. Not only does that motivate the right-wing, keep their funding streams healthy and initiate another irritating series of "let's abandon marriage altogether" arguments in the LGBT community of late. It affected the public perception, too. That is a very serious risk of doing these votes when you do not have nearly the number of votes you should.
I have mixed feelings on this myself, but I am interested in your opinions on whether you would have pushed the bill through even if you weren't sure you had the votes.
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