On April 27, 2010, the Georgia General Assembly met for what they are calling their 39th Legislative Day.
There is a question, though: should that have been the end?
First, may I offer a little background…
Article III Sec IV par 1 of the Georgia Constitution states that the General Assembly can meet for no more than 40 days in the aggregate of each year. It does not define a “day” as anything other than a calendar day.
In case the reader might wish to defer to the House Rules or Traditions for clarity:
Groover tries to stop the clock
In 1964, on Sine Die (the 40th day of the legislative session) Denmark Groover attempted to hold the hand of the clock hanging from the balcony of the House of Representatives, so as to keep the clock from rolling past midnight. The clock fell from the balcony and it, along with a photo of the historic event is still on display on the 4th floor of the Gold Dome.
In 2001, Representative David Lucas prevented a vote on SB 204 by filibustering until midnight, as the gavel fell and the Speaker announced Sine Die saying ”the appointed hour having arrived” as he called the end of the session, papers flew all over the room and Representative Lucas kept on speaking.
In 2003 and in 2006, Crossover day went past midnight. In both instances, the Speaker, having recognized his meeting had carried over into another day, instructed the House to come back that same day after a rest period. ’03 was 10:00 am, and ‘06 was 1:00 pm.
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This year, at 12:02 am on Saturday, March 27, the Speaker allowed a call to question on HR1087. This was a new vote, begun on a new day. You can watch it unfold in the Peach Pundit’s archive of their Crossover Day Live Blog. Click “Replay” then scroll to the bottom.
Clearly Speaker Ralston did not recognize the tradition nor the Law governing “the appointed hour“. Surely, he made a mistake. But his mistake does not overrule the Constitution. The General Assembly is given 40 days. Ralston has burned his up. It’s time for our legislators to go home.
