Monday, November 19, 2007

We're Watching: Slots Vote Analysis

Passing slots through the House of Delegates was no easy feat as a previous post outlined. The key vote on the bill passed 86-52; constitutional amendments require 85 votes so slots proponents had only one spare vote. There were also two "poison pill" amendments offered prior to the critical vote on the amendment by slots foe Del. Luiz Simmons (D- 17) designed to make it difficult to reconcile the bill with the Senate and for a referendum to pass.

The first Simmons amendment would have changed the bill to require a county (or Baltimore City) to vote in favor of slots during the referendum in order for slot machines to be placed in that county (or Baltimore County). This amendment was a brilliant strategic move because it altered the referendum to make it one on slots in each county.

In Montgomery, polls suggest that people are much more in favor of allowing slots elsewhere in Maryland than in Montgomery. My guess is that many people elsewhere in the State feel the same way, so this amendment would help juice the anti-slots vote. The amendment failed 61-67 with 13 delegates not voting (only 5 are recorded as "excused"). Note that the delegates who didn't vote held the balance on each of the two Simmons amendments.

This vote was probably the hardest vote for slots supporters because it required them to vote against allowing their constituents to prohibit slots directly in their county through the referendum vote. I'm sure some of Del. Simmons's pro-slots colleagues will take opportunities over the next several years to remind him exactly how much they deeply appreciate his passion on this issue.

The second Simmons amendment would have prohibited people associated with the gambling industry from making campaign donations. This amendment failed 61-66 with 14 delegates not voting (again, only 5 are recorded as "excused").

Based on the outcome of the three votes, it is clear that many delegates did not cast consistent pro or anti-slots votes. Some Democrats who planned to vote against the constitutional amendment probably didn't want to vote for the Simmons amendments in order to avoid: (1) further angering the Governor and the Speaker (not to mention MCEA, which was strongly in favor of the bill), (2) bringing an ignominious end to the special session which would have reflected badly on the Democratic Party, and (3) to help out the Governor early in his term even if they felt that they couldn't vote for slots.

Some Democrats who voted for one or both of the Simmons amendments and then for the constitutional amendment may have wanted to allow the people to decide but then also to give people more control over whether or not slots come to their county. Like slots opponents who voted against the constitutional amendment, they may also worry about the financial might of the gambling industry. Nonetheless, they undercut whatever credit they earned with the Speaker and the Governor by voting for either amendment.

Some might argue that Simmons amendment supporters who voted for the constitutional amendment may have wanted political cover against an anti-slots backlash. I find this unpersuasive as it it hard to see these legislators receiving many thanks from slots opponents after having voted for the constitutional amendment--the central vote on the issue which required 85 votes to pass and could have been defeated if just two delegates changed their votes.

I wonder if some of the delegates who didn't vote despite being present simply felt extremely heavily pressured from both sides and didn't come to a decision in time during the grueling floor session. They may have also wanted to save the Governor from defeat in special session even if they voted against the constitutional amendment.

No doubt there are many other explanations for various vote combinations which I haven't given here, though I have a feeling I'll be hearing some of them soon.

Let's see how Montgomery's delegates voted:

District 14
Del. Herman Taylor played a critical role in keeping the slots bill alive by not voting on either of the two Simmons amendments though he voted against the constitutional amendment. Del. Anne Kaiser cast consistent pro-slots votes. Del. Karen Montgomery is recorded as "excused from voting" for all three votes.

District 15
Dels. Kathleen Dumais and Brian Feldman voted against the first Simmons amendment on requiring a local majority for slots in the referendum for slots to be placed in that jurisdiction. They both also voted against the second Simmons amendment on campaign finance before voting for the constitutional amendment. Del. Craig Rice cast consistent pro-slots votes.

District 16
Del. Bill Bronrott voted for both Simmons amendments before voting for the constitutional amendment. Del. Susan Lee and newly appointed Del. Bill Frick cast consistent pro-slots votes.

District 17
Del. Simmons shocked no one by voting against the constitutional amendment and for both of his own amendments. Equally unsurprising were the consistent votes cast for slots by Del. Kumar Barve, the House Majority Leader and a member of the leadership. Del. Jim Gilchrest voted with Barve (i.e. against Simmons) on all three votes.

District 18
Like Del. Taylor in District 14, Del. Jeff Waldstreicher voted against the constitutional amendment after having not voted on either of the Simmons amendments and thus helping to keep the slots bill alive. Dels. Jane Lawton cast consistent pro-slots votes. Del. Ana Sol Gutierrez voted for the slots amendment but also for the Simmons amendment on campaign finance.

District 19
Before voting for the constitutional amendment, Del. Henry Heller voted for the first Simmons amendment to require a local majority for slots in the referendum to have slots in that jurisdiction. Del. Heller didn't vote on the second Simmons amendment on campaign finance, tacitly helping prevent that amendment for passing. Del. Roger Manno voted the same as Del. Heller except that he cast a negative vote on the second Simmons amendment. Del. Ben Kramer cast consistent anti-slots votes.

District 20
Del. Heather Mizeur voted against the constitutional amendment and for the first Simmons amendment. However, she also voted against the second Simmons amendment. Del. Tom Hucker voted differently from Del. Mizeur on all three votes. He voted for the constitutional amendment having voted against the first Simmons amendment. However, Del. Hucker voted for the second Simmons amendment on campaign donations from slots interests. Del. Sheila Hixon, the Chair of the House Ways and Means Committee, cast consistent pro-slots votes.

District 39
Like Dels. Mizeur and Hucker in District 20, Dels. Saqib Ali and Charles Barkley cast opposed votes on all three of the slots bills. Del. Ali voted against a constitutional amendment and for the second Simmons amendment. However, he also voted against the first Simmons amendment requiring a local majority for slots to be placed in that jurisdiction. Del. Barkley voted for the constitutional amendment and against the second Simmons amendment. However, Del. Barkley voted for the first Simmons amendment. Newly appointed Del. Kirill Reznick cast consistent pro-slots votes.

Update: Del. Heather Mizeur pointed out gently via email that I had incorrectly reported her vote on the two Simmons amendments as well as confused the order of the votes. I appreciate the correction and have altered the post accordingly. Thanks Heather.