2009 General Assembly Voted Anonymously 75 Percent of the Time

The South Carolina General Assembly recorded its votes on 532 out of 2,116 bills considered during the 2009 legislative session, according to the final vote count tracked by the Policy Council. This total excludes votes on congratulatory resolutions that did not impact actual legislation.

74.9 percent of votes held by the General Assembly were taken via anonymous voice votes despite new rules adopted by the legislature in January requiring more accountability. The House recorded votes 31.2 percent of the time in 2009. The Senate recorded votes 15.6 percent of the time.

Both legislative bodies held more votes on the record this year than in 2008, but even with this improvement the South Carolina legislature remains among the nation’s worst with just 1 out of every 4 votes being recorded.

For comparison, a 2008 Policy Council study of the constitutional and legislative procedural rules in all other states found 41 of 50 states require at least one legislative chamber to record its vote on every single bill passed into law. Four other states mandate recorded votes on all revenue bills.

The rules adopted by the S.C. General Assembly in January do not require a recorded vote on:

• Each state budget section - only if one representative requests, no Senate requirement
• Uncontested legislation - five representatives or one senator required to contest

The General Assembly considers legislation on two separate calendars - the contested and uncontested calendar. Bills are considered uncontested unless lawmakers object and request to move the bill to the contested calendar, where it is debated and voted on publicly. One Senator or five Representatives is required to move a bill to the contested calendar.

Only legislation on the contested calendar is required to get a vote on the record under the January rules change. This means lawmakers can avoid a recorded vote by agreeing to keep a bill on the uncontested calendar. This leaves citizens with no power and gives lawmakers complete freedom to decide if and when a matter will receive a recorded vote.

For example, House Bill 3635 became law this session. It imposes a $10 annual fishing license fee for recreational saltwater angling, along with several other fees, including a $150-$300 fee to operate a saltwater public fishing pier or a saltwater charter fishing vessel. Defenders of the legislation claim the fee increase is necessary to avoid an even larger federal licensing fee. That defense may be entirely valid, but state lawmakers approved a de facto tax increase. Citizens deserve to know how their legislators voted. The Senate approved the bill on a 29-15 recorded vote, while the House approved it via an anonymous voice vote.

This example illustrates there is no clear reason why the Senate recorded this vote and the House did not. When lawmakers control which votes are recorded there is no consistency or predictability in the process. Citizens cannot know with any certainty whether legislation will receive a recorded vote nor can they hold their elected officials accountable.

For more information:

Click Here to view the Policy Council’s 2009 Legislative Vote Tracker Online

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Nothing in the foregoing should be construed as an attempt to aid or hinder passage of any legislation. Copyright 2009. South Carolina Policy Council Education Foundation, 1323 Pendleton Street, Columbia, South Carolina 29201.