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The Twisted Path of Legislation

There are many variables that can influence a piece of legislation and successfully having it become law. Previously, I wrote about the importance of changing our voting machines because hackers can gain access to our current DRE (Direct Reporting Electronic) voting machines in less than ten minutes. Since the current operating system on these machines is obsolete, and updates are no longer available, legislation to modernize these voting machines should be a snap to pass. However, the road for Senate Bill 403 (voting machine bill) was arduous because of the complexity of making such an important change during a major election year.

I introduced SB403 early in the 2018 legislative session. Three similar bills were also introduced around the same time, but they did not survive. SB403 was assigned to an Ethics Subcommittee that held two separate meetings before successfully voting it to the Full Committee. In Full Committee, SB403 was presented two more times before it was sent to the Rules Committee. By this time, SB403 had changed eleven times to address legal challenges, vendor concerns, and activist requests.

Why or how does this happen? First, you have what some refer to as “pride of authorship.” Many times, legislators who have watched their own bill die will begin to weigh in on another legislator’s bill. Usually, it is because they are passionate about the issue, but sometimes, it is their pride manifesting, and they subliminally work to kill your bill as well.

Before SB403 was selected from the Senate Rules Calendar to hit the floor for a vote, it was changed again. SB403 was voted out of the Senate with an incredible 50-1 bipartisan vote just before the Crossover deadline. The 28th day in the legislative session is called “Crossover Day” because it is the final day any bill that originated in a chamber can be transmitted to the other chamber to continue. This deadline exists to ensure the House and Senate have sufficient time to consider, debate, and change the proposed legislation.

After being assigned to the House Governmental Affairs Committee, SB403 was sent to another subcommittee, and the process started all over again. After a couple of hearings and a House substitute of the bill, it was sent to the Full Committee to be deliberated. Once it made it to Full Committee, testimony was taken in a “hearing only” meeting. After that meeting, it was again changed and called up for a vote the following day.

SB403 was successfully voted out and onto the Rules Calendar in the House Rules Committee, which is normally the home stretch. However, Republicans and Democrats were at odds, and SB403 was changed two more times.

If the House is successful in passing SB403, it is then sent back to the Senate for the body to agree with their changes or disagree and insist on the original SB403. If SB403 reaches this point, it will enter a Conference Committee comprised of three Senators and three House members. This meeting is an attempt to negotiate a compromise or the legislation dies.

Clearly, the path for legislation is very challenging, and it is affected by many people, personalities, and, of course — politics.

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