Organizing for America

Fact Check: Present Votes are an Accepted Legislative Strategy in the Illinois Senate

Obama Was Praised for Showing Leadership on Tough Issues -- Representing a Safe Democratic District, He Used His Position To Help More Vulnerable Senators Do The Right Thing. Zorn wrote, "Obama, however, was in a safe district and never faced a serious challenge for his legislative seat. He had no need to shy from hard-line stands on gun control and abortion rights. He actually took such stands frequently and is now highly praised by advocates for both causes." [Chicago Tribune, Zorn, 3/9/04]

Planned Parenthood President: Anyone Who Thinks A Present Vote Is A "Duck" Doesn't Understand How the Process Works. "There is a presumption, if one is not familiar with the mechanics of the General Assembly, that a present vote is a 'duck.' Pam Sutherland, the CEO and President of Illinois Planned Parenthood said of [this] Hull argument: "I think it's not well-based...I think it's somebody who doesn't understand how the legislative process works." [Chicago Daily Herald, 3/10/04]

Handgun Violence Opponents: Criticizing Present Votes Indicates "You Don't Have A Great Understanding Of The Process." "'Criticizing Obama on the basis of 'present' votes indicates you don't have a great understanding of the process,' said Thom Mannard, director of the Illinois Council Against Handgun Violence." [Chicago Tribune, Zorn, 3/9/04]

Voting Present in the State Legislature is Used as A Signal to the Other Party, Not As a Way to Duck the Issue. "An aspect of Obama's State Senate voting record that is drawing attention is his "present" votes. A present vote is a third option to an up or down "yes" or "no" that is used with great frequency in the Illinois General Assembly. It has many varied and nuanced meanings that, in the context of the actual bills, border on boring. It's most important use is as a signal -- to the other party, to the governor, to the sponsor -- to show a willingness to compromise on the issue if not the exact bill, to show disapproval for one aspect of the bill, to question the constitutionality of the bill, to strengthen the bill. [Chicago Daily Herald, 3/10/04]

Obama Said He Would Vote 'Present' On Unconstitutional Bills, Saying He Tried To Resist Bad Votes Even If They Made Good Politics. The Sun Times wrote, "Obama says his 'present' votes often come on bills that he believes are unconstitutional. 'I have tried to not succumb to the temptation of voting on bad laws just because it makes for good politics,' Obama said." [Chicago Sun-Times, 9/13/04]

Senators Would Vote Present If They Had 'Unresolved Worries.' The State Journal-Register reported, "Sen. George Shadid, the Edwards Democrat who is pushing the legislation, promised Senate Education Committee members that he wouldn't move ahead with Senate Bill 368 'unless I can get a good consensus.'…Four committee members cited unresolved worries when they voted 'present' on the measure, which passed 7-0." [State Journal-Register, 2/27/03]

Specific Bills Raised By The New York Times

SB 759 - OBAMA SAID HE WAS VOTING PRESENT ON THE FLOOR; OBAMA SAID THAT THE PROVISIONS WERE NEGOTIATED OUT OF THE ORIGINAL JUVENILE JUSTICE REFORM BILL AND THAT THE SENATE WAS GOING BACK ON ITS WORD

Obama Voted Present On Bill To Charge Minor As Adult For Gun Crime Near A School Because There Was No Proof That The Measure Would Reduce Juvenile Crime. Obama voted present on a bill to allow a minor to be tried as an adult if he/she is charged with aggravated battery with a firearm at or near a school. Obama said, "I did just want to point out that last year we worked on a almost complete overhaul of the Juvenile Justice Code, and this provision was debated at length during negotiations with the various State's attorney's office. Part of the reason that we negotiated it out of that original bill was at least the sense of some of us that there is really no proof or indication that automatic transfers and increased penalties and adult penalties for juvenile offenses have, in fact, proven to be more effective in reducing juvenile crime or cutting back on recidivism. I know there's disagreements with other folks, but I did just want to point out that last year when we worked -- guided so ably by Senator Hawkinson -- on this bill, the sense was that we had more or less completed an overhaul of the code and that we were going to pause for a moment, see how that worked before we moved on. And I guess I'd just like to point out that here we are, a year later, doing the exact same thing that we had been doing prior to the changes that we initiated last year and that is to increase penalties further for juveniles and try them further as adults and expand the number of offenses. So for that reason, I'm going to be voting present." [91st GA, SB 0759, 3/25/99, 3R P; 52-1-5 (BO: P); Session Transcript, 3/25/99, p.209]

HB 854 -- OBAMA VOTED PRESENT BECAUSE A BILL WAS UNCONSTITUTIONAL

Obama Voted Present On The Floor And In Committee On A Bill That Would Seal Sexual Assault Victims' Court Records; Illinois Press Association And Obama Argued That The Bill Was Unconstitutional. Obama voted present on a bill to amend the Criminal Identification Act by allowing certain assault victims to petition to have their court records sealed, only to be opened for public inspection if good cause is shown. Under the bill the trials involving sex crimes would remain open, but upon a conviction, a victim of a sex crime could ask a state's attorney to petition a judge to seal the records of the case. If the judge agreed, the public could not open those records unless someone petitioned the court and showed good cause. The State Journal-Register reported, "But the Illinois Press Association argued that the measure violates the First Amendment. The U.S. Constitution does not allow judges to seal the records of trials that have been held in open court, said association attorney Don Craven. Besides, Craven argued, the legislation does not allow defendants the same opportunity if they're found not guilty. And there's no indication what would happen to the case files if the verdict were appealed. Sen. Barack Obama, D-Chicago, agreed that the bill probably wouldn't pass constitutional muster, although he said it's not unusual for his colleagues to pass such measures to show political resolve." [91st GA, HB 0854, 5/11/99, 3R P; 58-0-1; State Journal-Register, 4/28/99]

3 Of The 4 Democrats On The Judiciary Committee Voted Present On This Bill. In committee, Senators Shadid and Silverstein joined Obama in voting Present on HB 854. [91st GA, HB 854, Jud Committee, 7-0-3, 4/28/99]

When Similar Measures Were Passed In Other States Following A Scandal, The Press Raised Similar Constitutional Objections. The AP reported, "News executives in both states said the legislation was unnecessary and would hinder freedom of the press. 'It's another case where in order to achieve some possible good, legislatures are often willing to run right over basic constitutional rights,' said J. Randolph Murray, editor of The Anchorage Times in Alaska. 'We are against the thing because of the blanket restrictions it would impose,' said Doug Crews, executive director of the Missouri Press Association. 'Once a restriction such as this is made, where is the line drawn and where does it stop in the area of law enforcement records?'" [AP, 4/30/91]

HB 1511 -- OBAMA VOTED PRESENT ON A BILL WHOSE SUPPORTERS ADMITTED IT WAS UNFINISHED

Obama Voted Present On A Bill That Would Require Aggravating Allegation To Be Included To The Trier Of Fact As An Element Of The Offense; The Bill Was Not Deemed Ready At The Time Of The Vote With Promises From Its Supporters To Revisit It In The Spring, Which They Did Not Do. Obama voted present on a bill to amend the Code of Criminal Procedure to provide that, in all cases in which the death penalty is not a possibility, if an alleged fact -- other than the fact of a prior conviction -- is not an element of an offense but is sought to be used to increase the range of penalties for the offense beyond the statutory maximum that could otherwise be imposed for the offense, the alleged fact shall be included in the charging instrument or provided to the defendant through a written notice before trial, submitted to the trier of fact as an element of the offense, and proved beyond a reasonable doubt. [91st GA, HB 1511, 3R P 54-2-2, 11/30/00; PA 91-0953, 2/23/01]

Illinois State Bar Association: "Bill Needs More Time, It Needs More Discussion, It Needs More Input By The Legislators And I Don't Think That Has Happened To This Point." Chicago Daily Law Bulletin reported, "But Daniel L. Houlihan, legislative counsel to the Illinois State Bar Association, said the bill appeared to be so flawed that lawmakers shouldn't rush to pass it. 'This bill needs more time, it needs more discussion, it needs more input by the legislators and I don't think that has happened to this point,' he said." [Chicago Daily Law Bulletin, 11/29/00]

HB 3793 -- BILL WAS "MEANINGLESS," "MEDDLESOME," AND AN EXAMPLE OF THE GENERAL ASSEMBLY "WASTING ITS TIME"

Obama Voted Present On Teacher Curriculum Requirements. Obama voted present on a bill to amend the School Code by requiring public school teachers to teach pupils discipline and respect for others. [90th GA, HB 3793, 5/13/98, 3R P; 44-10-1; P.A. 90-0620, 7/10/98]

Bloomington Pantagraph: Bill Would Create A Mandate With No Objective Standards, General Assembly Was 'Wasting Its Time.' The Bloomington Pantagraph wrote in an editorial, "Illinois schools have enough problems without the General Assembly wasting its time on measures that are at best symbolic, mostly meaningless and at worst meddlesome…the Legislature sent a bill to the governor that would require public school teachers to teach pupils discipline and respect for others. The school code already requires honesty, kindness and justice to be taught to students...All this bill will do is...clutter the school code and widen the rift between teachers and lawmakers who try to micromanage their classrooms." [Bloomington Pantagraph Editorial, 5/20/98]

SB 609 -- OBAMA SPOKE ON THE FLOOR THAT THE SENATE SHOULD NOT OVERRIDE HOME RULE

Obama Voted Present On Adult Business Location Restrictions Because Of Home Rule; The Bill Failed. Obama voted present on a bill creating the Adult Uses Location Restriction Act, providing restrictions on the proximity of adult entertainment establishments to schools, parks, places of worship, pre-schools, day care facilities, mobile home parks, and/or other residential areas, (Senate Amendment No. 1) constituting minimum restriction on the location of adult uses for all governmental units, including home rule units and allows governmental units to enact more stringent restrictions. When discussing the bill, Obama said, "[M]ost of us would prefer not to have an adult bookstore or -- movie theater or something next to our -- next to our residence, but that's exactly why we have local zoning ordinances...And it seems to me that if there's ever been a function that has historically been relegated to local control and is appropriately there, it's these kinds of zoning matters." [92nd GA, SB 0609, 3/29/01, 3R L; 33-15-5 (BO: P); 92nd General Assembly, Session Transcript, 3/29/01, p.160]