A Democratic Victory

After being pressed by Democratic state senators on Friday and again this morning, lieutenant governor Brad Owen, president of the state senate, ruled today that the the Republicans' procedural rule requiring a two-thirds vote to bring a tax increase measure to the floor was unconstitutional.

"The president has previously stated, the senate cannot pass a rule that violates the state constitution," Owen, a Democrat, said this morning. And then he concluded: “Perhaps that statement should be clarified to read, the senate may adopt an unconstitutional rule, but the president will not enforce it.”

Score one for the Democrats who prevented a precedent-setting GOP end run around the February 2013 Washington State Supreme Court ruling against the larger two-thirds requirement to raise taxes.

"The senate may adopt an unconstitutional rule, but the president will not enforce it." —Senate president
Brad OwenOf course, the the Democrats were also being crafty (if not churlish). The Republicans were about to bring a transportation package to the floor that was unpopular with Democratsbecause it came with a bunch of provisions that undermine the environment (such as a stopgap provision against lowering carbon emissions) and that pilfers the general fund (taking an estimated $1 billion out the pot that should go to education funding). So, the Democrats made the Republicans sacrifice their very own antitax rule in order to move a roads-heavy, carbon-heavy proposal forward. 

A Democratic Identity Crisis

The Democrats also lost big today. It's not just that a conservative transportation package gets to frame the debate now, but the Republicans also get to frame the bigger debate. The big question going into the session with Republicans finally having a clear majority was whether they could govern. The answer, with seven Democrats joining them for today's vote, appears to be yes. The vote was 27 to 22. Even with six conservative Republicans bailing on leadership and voting no, the GOP—with 20 votes for a tax increase!—was able to usher the package through because seven Democrats, including Seattle state senator Jamie Pedersen (D-43, Capitol Hill), voted yes. (The bill includes $1.75 billion for 520, which falls squarely in Pedersen's district.)

Some Democrats may feel satisfied with their no votes; state senator Pramila Jayapal (D-37, Southeast Seattle) quoted Gandhi during her no-vote floor speech. But it's the identity crisis displayed in a press release from state senator Andy Billig (D-3, Spokane) that reveals how much legitimacy the Democrats may have lost today.

One the one hand, Billig, who voted no, said defiantly: "Despite some promising investments for Spokane, these came at a major cost. The proposal would move a billion dollars out of our operating budget, money which we critically need for students in our schools.... The package would also have prevented the state from taking important steps to keep our air and water clean."

"I’m optimistic they’ll agree with their earlier selves when negotiations...
conclude." —Republican state senator Joe Fain

But in the next breath, Senator Billig says: “I am encouraged that the package made its way over to the house where work on the proposal can continue and these problems can hopefully be resolved. Transportation investment remains one of my top legislative priorities and I am optimistic that I will be casting a yes vote on a true compromise transportation package before the end of the legislative session."

If every Democrat had voted no, however, along with the bloc of antitax Republicans who also voted no today, such as senators Don Benton (R-17, Vancouver), Doug Ericksen (R-42, Ferndale), and Mike Padden (R-4, Spokane Valley), Democrats like Billig wouldn't have the opportunity to cast another vote on a compromise package.

Asked about these Democratic contortions, Republican spokeswoman Carrie Shaw didn't even bother taking a pot shot. She just pointed to another Democratic senator. Seattle senator Bob Hasegawa (D-11, Beacon Hill), she noted, said this during his floor speech against the package: "I do get the sense that each one of us wants to get a transportation package out. We’re not even halfway through this legislative session now. If we let the transportation package go, I’m afraid we’re going to lose our leverage to get a good operating budget out as well."

The final verdict came from other Democrats (and a snarky Republican).

State house representative and transportation chair Judy Clibborn (D-41, Mercer Island) sounded relieved that the package passed. She said this afternoon:

“I am excited that negotiations can resume in earnest now that the senate has passed their transportation revenue package proposal. It is a significant step forward that has been two years in the making, and I commend them for acknowledging the critical need to address traffic congestion and our crumbling infrastructure. There are a number of things to like in the senate’s proposal, but there is plenty of work to be done before such a package could pass the house. We look forward to engaging with the senate, the governor and other stakeholders over the coming weeks as we seek solutions not only to transportation funding, but also our paramount duty to fund education.”

And while governor Jay Inslee thanked the senate Democrats for offering an amendment to strip out a provision that prevented the governor's office from enacting low-carbon fuel standards, he said this afternoon: "I’m glad to see the senate act on transportation today. I've been pushing for a transportation investment package since my first day in office. Today’s vote is solid progress and it begins the next round of negotiations."

It's certainly hard for the Democrats to have a consistent message when their party doesn't appear to know what their message is in the first place. State senator Joe Fain (R-47, Auburn), the senate Republicans' transportation committee vice chair, told me: “A lot of Democrats were for it before they were against. I’m optimistic they’ll agree with their earlier selves when negotiations with the house conclude.”