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.
I spoke with the ethics office who said they were nothing more than a campaign finance reporting office. They directed me to the Attorney General’s office.
There, a very kind lady told me that they’d be representing the General Assembly if I filed a suit. She directed me to the Office of the Lt Gov.
I spoke with the Deputy Chief of Staff, and pointed him to incidents where they’d ignored bills from the house which did not fit into a “day”.
He said “I respect the law, but not so much that I’ll direct my boss to make this challenge”
He told me that they’d only step up if the Attorney General told them to.
On the home page of the Attorney General, he calls himself “the public’s lawyer”.
Perhaps he needs to hear from the public…(404) 656-3300
We will be in another war room on the 40th day which is said to be Thu.. This has been a real experience. We worked on SB148 which turned out to be a miracle bill. We will continue to pray for it to be signed by Gov. Sonny but you never know what he will do any more. Progressive?
Sandy- the House has already voted and sent it back to the Senate for a final ok. the only “critical” vote left is the budget- you know, the one full of blank checks…
During the day on April 29th, the Attorney General’s office received enough calls to keep their switchboard full.
Call after call asking the AG to file an injunction against Speaker Ralston was of no effect, but we still have hope:
If you have or expect to be affected by any legislation passed on this day, (SB 360 texting while driving, SB17 Ethics reform…)
or if you are involved with an entity who will likewise be affected, please contact us directly @ info@lobbyistsforlifeandliberty.org
We might be able to help.
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