Crowdsourcing Request: State Senate filibuster rules

by: Daniel De Groot

Sun Mar 07, 2010 at 11:00


I need your help.  Which states can be governed by a simple majority?  If the current US Senate rules are so great, you'd expect them to be replicated in lots of States right?  And if any state does dare entrust its governance to the tyranny of the bi-cameral legislature, with their penchant for spending less on redistribution, well we should expect those states to be doing very poorly right, what with all the crazy laws and socialism they will have.

It turns out this is surprisingly hard to answer.  The National Conference of State Legislatures produces items like this and this which highlight the complexity of this topic.  I started out reading various State senate rules but states like California, with its two-thirds budget requirement mean that majority rule isn't as simple as the absence of a filibuster.

Inside I will try and lay out an approach to answer this.

Daniel De Groot :: Crowdsourcing Request: State Senate filibuster rules
So here's how I propose to group the states:

Majority rule:  These are states which can pass most things with only a majority.  Extraordinary items like impeachment or constitutional amendments can still require supermajorities, but no filibuster in either house, and no supermajorities for routine state business like tax increases or the budget.  

Mixed:  These states do not qualify as "majority rule" but are still distinctly more democratic than the US senate.  Delaware is an example, as it requires three-fifths in the legislature to raise taxes, but otherwise can govern on majority rule.

Supermajority needed:  These are the ones that are as bad or worse than the US Senate.  States with supermajority budget requirements or filibusters fall here.  

For some others, categorization is hard to do.  Florida's Senate needs two-thirds to end debate.  This seems worse than the US Senate, but it is two-thirds of Senators "present and voting" - whereas the US senate is three-fifths of Senators "chosen and sworn."  However as that is not clearly better than the US Senate, I would group it with the supermajority states.

Mainly I am interested in states where the majority can get its way most of the time, so marginal cases between the latter two are not too big a deal.  For grey area cases between majority and mixed, I will round down and group them as mixed.

I've made a start but frankly run out of steam, as each state's legislative rules are wildly different in format, style, and sometimes just not findable online.  Even as I read the rules I am not sure I'm reading them right.  Nebraska's rule 7-4 allows a majority to end debate, but rule 7-10 requires a two-thirds majority to invoke cloture.  What does that mean in practice?  

So help out.  In the comments, if you're reasonably well acquainted with any state's legislative procedures, put the name of the state as the title of the comment, and suggest a category.  The more detail the better.  Feel free to challenge the ones I have already categorized.  I didn't burden the chart with my notes on why each state landed where, but if necessary I can provide those notes.  Find state legislatures here.


Majority Rule Mixed Supermajority Uncategorized
Alaska Arizona Alabama Kansas
Colorado Delaware Arkansas Kentucky
Connecticut Florida California Louisiana
Georgia Hawaii Connecticut Maine
Illinois Nebraska Idaho Maryland
Indiana Utah Rhode Island Michigan
Iowa Texas Minnesota
Maryland Mississippi
Massachusetts Missouri
Minnesota Montana
New Jersey Nevada
New York New Hampshire
North Dakota New Mexico
Vermont North Carolina
Virginia Ohio
Wyoming Oklahoma
Wisconsin Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Washington
West Virginia
Wisconsin


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Crowdsourcing Request: State Senate filibuster rules | 36 comments
Wisconsin Is A Majority-Rule State (4.00 / 1)
The majority rules in the Wisconsin state senate.  
Thanks! (0.00 / 0)

[ Parent ]
New Jersey is definitely majority rule (4.00 / 1)
Though you need an actual majority -- a 20-19 vote in the State Senate with 1 person not showing up means the bill fails.


New Jersey politics at Blue Jersey.
Thanks. (4.00 / 1)
Good to have it confirmed.  Yes, I've opted to treat states that require a majority of Senators duly chosen and sworn instead of present and voting as still qualifying for majority rule.

In the modern era, it isn't that hard to get everyone to attend.  That might have been a bigger barrier in the horse and carriage days.

[ Parent ]
Minnisota (0.00 / 0)
A reader emails:


A bill must receive a majority of the votes in both houses - 68 in the House and 34 in the Senate. Bonding bills require a three-fifths majority vote - 81 Representatives and 41 Senators.


Minnisota (0.00 / 0)
Minnesota? breid................
whoops. (0.00 / 0)

[ Parent ]
Just Half A Bottle! (0.00 / 0)
sota
soda
sorda

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3
[ Parent ]
Connecticut (4.00 / 1)
... is "majority rule" when it comes to the actual vote, but both chambers allow truly unlimited debate that the Speaker/Senate President can't gavel to a close. Which leads to days on end of this kind of foolishness at the end of each session, as all bills under consideration die at the stroke of midnight.
I should add (0.00 / 0)
... it's worse than a filibuster, as Dems have a greater than 2/3rds majority in both chambers and can't do a goddamn thing about it.  
[ Parent ]
Really? (0.00 / 0)
As I read the CT leg rules, it says:


35. These rules shall not be altered, amended or suspended except by vote of at least two-thirds of the members present.

But I guess the existing obstruction mechanisms are enough to prevent such a change?

I suspect something like the nuclear option would work there - just gavel them down, and have the majority vote to uphold the ruling.

[ Parent ]
It's also possible (0.00 / 0)
... that our Democratic legislators are either rubes, unaware of the rules, or (like their counterparts on the Federal level) more interested in preserving the power to kill bills for themselves than in exercising their prerogative as a supermajority -- and cry obstructionism to deflect from the consequences of their own decisions. None of the three would surprise me, actually.

Technically speaking the Senate President is (Republican) Lt. Governor Michael Fedele, so that may have some bearing when he's present (rare except for the final days of session).

[ Parent ]
Utah (4.00 / 1)
Hope I'm doing this right. There are 29 members in Utah senate. 15 votes are needed to pass a bill there. 38 votes are needed in the house out of 75. No majority needed it seems for either chamber.

http://www.le.state.ut.us/docu...

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Yes, but need a little more (0.00 / 0)
What does it take to close debate?  Can the majority do that? Can the Chair rule that further amendments are dilatory and out of order?


[ Parent ]
ok (0.00 / 0)
I'm looking thru all this shizz.

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[ Parent ]
motion to end debate (0.00 / 0)
shall be adopted by majority vote of committee. No senator may speak more than twice on same subject.

PG 81
http://le.utah.gov/documents/l...

Extraordinary progressive star in the making

[ Parent ]
Yes (0.00 / 0)
But that's in committee.  Actually it appears in the UT House, it takes 2/3 to end debate in committee.

In the Senate, though senators may not speak more than 2 times on a bill, there is no evident time limit on them speaking, and there is this:


SR-28.05. Previous Question.
The motion for the previous question, which is a call for an end to debate and a vote on
the matter under discussion, may not be entertained on the floor of the Senate.

Which I read as saying you can't even move to end debate early.  

It sounds like Utah is at best "mixed."

[ Parent ]
Utah (0.00 / 0)
http://le.utah.gov/documents/a...

Sorry yes Utah senate requires a simple majority
15 of 29

Extraordinary progressive star in the making

Vermont (4.00 / 1)
The Vermont legislature operates by majority rule for the passage of bills (2/3 to override).  A majority of members is a quorum, except in the House for raising taxes, for which 2/3 of the members are required to be in attendance.  Debate is limited by a rule stating that no member may speak twice from the floor of either chamber without leave.  In the House, debate may cut short by 3/4 vote.

http://www.leg.state.vt.us/sta...
http://www.leg.state.vt.us/mis...
http://www.leg.state.vt.us/Hou...
http://www.leg.state.vt.us/mis...

thanks (0.00 / 0)
So what happens in practice?  If the legislature is considering a tax increase, does the House minority simply not show up and deny quorum?

It sounds like this is like Delaware, and perhaps in the "mixed" category, but maybe the Democrats normally have 2/3 in the lower house and this just doesn't matter?

[ Parent ]
Reasonable (0.00 / 0)
In the rules there are provisions for compelling attendance.

I'm not a long-time observer, but AFAIK nobody has tried to bring proceedings to a halt.  So far our Republicans have remained reasonable.

[ Parent ]
Also (0.00 / 0)
This is a good example of the weakness of the NLCS research.  This chart does not list Vermont as a state requiring a supermajority to raise taxes, but a 2/3 quorum requirement effectively is such a requirement, unless the majority can compel attendance in some manner through the Sgt-At-Arms.
[ Parent ]
State of Maryland (0.00 / 0)
According to the Maryland Constitution:

SEC. 20. A majority of the whole number of members elected to each House shall constitute a quorum for the transaction of business; but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as each House may prescribe.

There is nothing constitutionally requiring a supermajority or some other number to pass bills, but there may be parliamentary rules that I am not aware of

Thanks! (0.00 / 0)
My read on MD rules makes it seem like it's majority rule.  I guess if there were filibusters or other minority delay provisions, you would have heard of them.  
[ Parent ]
Ah update (0.00 / 0)
In the Dailykos edition, a reader informs me that it takes 2/3 to end debate in the MD Senate.

[ Parent ]
oh ok (0.00 / 0)
That is possible, but hasn't been need in years due to the huge majorities for Democrats in the General Assembly. The senate breakdown is 33-14 for Dems, for it's virtually impossible to not get 2/3
[ Parent ]
There's one catch with New York (4.00 / 1)
There are a variety of votes that require a majority of the Senate as opposed to majority of the Senators.  For example, there was all sorts of hand-wringing about the coup or the Monserrate expulsion that the Dems wouldn't actually be able to pass a budget with only 31 votes.  So I'm not sure if you would classify that as completely majority rule when 31 of 61 with a Lt. Governor tie-breaker isn't the number needed to pass certain items.

"Never be afraid to stand with the minority when the minority is right, for the minority which is right will one day be the majority." -William Jennings Bryan
Yeah (0.00 / 0)
Obviously that will matter at the most marginal times like the current balance of power in New York, but in general I think it is fair to say new York operates on majority rule.

The goal here is to keep it relatively simple.  The downside of that is that some nuance gets lost.

[ Parent ]
Nevada (4.00 / 1)
For passage of measures that require a constitutional majority, 11 votes are needed in the Senate and 22 in the Assembly. Bills with tax or fee increases require a two-thirds majority (14 votes in the Senate and 28 in the
Assembly). A measure that does not receive at least the
required number of votes is defeated.

PG 3
http://www.leg.state.nv.us/lcb...

still trying to find ending debate info

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Nevada (0.00 / 0)
PG 146
http://www.leg.state.nv.us/lcb...

In debate, a legislator may not speak more than twice during the consideration of any one question on the same day, except for explanation, nor a second time without leave of the body when others who have not spoken desire the floor. Incidental or subsidiary questions are not considered the same question.84 In closing debate, the author of the bill, resolution, or main question customarily has the privilege of speaking last, unless the previous question has been sustained.

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[ Parent ]
Texas (4.00 / 1)
PG 8 & 14
http://www.hro.house.state.tx....

Debate on House floor
The author of legislation or a member making a motion has the right to open and close debate. Each speech is limited to 20 minutes (Rule 5, sec. 27). All other speakers may take up to 10 minutes. This limit may be extended for an additional 10 minutes by a majority vote, but further extensions require unanimous consent.

Members desiring to interrupt a person who has the floor must address the chair, be recognized, and ask if the person speaking will yield.

Debate in Senate
Floor rules in the Senate are similar to those in the House, except that the Senate has no time limits on debate (Senate Rule 4.03). Thus a senator may "filibuster" by holding the floor for an unlimited amount of time, usually in an attempt to kill a bill or to call public attention to its provisions

http://www.tlc.state.tx.us/gtl...
After a bill has been read a third time, a vote is taken for final passage. If the bill receives a simple majority vote, it is considered passed, and the chief clerk of the house or the secretary of the senate, as appropriate, certifies the bill's final passage, noting on it the date of its passage and the vote by which it passed.  

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thinking back (0.00 / 0)
On Delay's mid decade redistricting, the Texas Democrats were able to deny quorum by not attending, but as I recall they had to stay within the State, and eventually the Tx Sgt at Arms rounded them up.

Since they ultimately lost, I'm going to call it "mixed."

[ Parent ]
No, Actualy, They DIDN'T Have To Stay Within The State (0.00 / 0)
They simply lacked the stamina, as per usual with Dems.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3
[ Parent ]
so if they had left the state (0.00 / 0)
Would Delay's redistricting have failed?
[ Parent ]
nevermind (0.00 / 0)
Yes, I see that they in fact hid out in New Mexico until 1 bolted and returned to Texas.

Ok, that's enough for texas to join the supermajority ranks.

[ Parent ]
Oregon is majority rule except ... (4.00 / 1)
Oregon is majority rule except for tax increases and for constitutional revisions (changing more than one thing; otherwise it is a constitutional amendment).
Crowdsourcing Request: State Senate filibuster rules | 36 comments
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