Violence Against Women Policy Trends Report 5

December 4, 2000

David M. Heger
National Violence Against Women Prevention Research Center
University of Missouri - St. Louis
Political Analyst

Federal

Governor George W. Bush (R) of Texas has been certified the winner of Florida's 25 electoral votes, giving him the advantage he needs to claim the presidency. Still, because of the outstanding legal challenges to the Florida vote total, America has no clear picture of whom will emerge victorious in mid-December when the Electoral College votes for the next president of the United States. Lawyers for Vice President Al Gore (D) have filed a legal contest to the certified vote totals in the state of Florida. This contest, which was heard last weekend in Florida's Leon County Circuit Court, makes several claims that could potentially swing the election back to Mr. Gore. The United States Supreme Court ruled today that the Florida Supreme Court must readdress their previous ruling that extended Florida's deadline for vote certification whereby Mr. Gore netted several hundred new votes in manual recounts. Meanwhile, the Republican-controlled Florida Legislature has met in recent days to discuss a special session to select its own slate of electors. This potential action could serve as a "presidential insurance policy" for Mr. Bush should Mr. Gore overturn the certified results in Florida. Most analysts agree that unless one candidate concedes, litigation with a possible impact on the outcome of this year's presidential election is likely to continue up to December 12, 2000, Florida's deadline to finalize its choice of electors.

A "lame-duck" Congress returned to Capitol Hill today with its eye on resolving the lingering budget dispute. The path to a final fiscal package seems to be as unclear as the one that leads to the election of the country's next president. Much disagreement over key proposals remains between the Republican-controlled Congress and the Clinton White House, leading some Republican leaders to suggest handing the undone business over to the next Congress and new president. While this may be an attractive option for Republicans, who expect Mr. Bush to take office in January, President Clinton has indicated that he will veto any extended stopgap measures, thereby forcing lawmakers to complete work on the budget before the end of this year.

Democrat Maria Cantwell has overtaken incumbent Senator Slade Gorton (R) in Washington's race for the U.S. Senate, and, barring an unforeseen development, she will be certified as the winner on December 7. Ms. Cantwell's victory puts the Senate at a 50-50 split between Republicans and Democrats, assuming Mr. Bush retains his hold on the presidency and Senator Joseph Lieberman (D-Connecticut) does not vacate his seat to assume the vice presidency. In the upcoming days, Senate leaders are expected to discuss ways to distribute political power in the divided chamber. (Usually, leadership positions, including committee chairs, are awarded to the party in control of a legislative chamber.) Democrats have suggested various "power-sharing" arrangements, while most Republicans have insisted they maintain their holding on all leadership positions, given that Republican Richard Cheney will serve as the Senate's tie-breaking vote if he is vice president.

State

State legislative activity remains low but shows signs of picking up again as lawmakers begin to prepare for 2001 sessions. Pennsylvania adjourned for the year on November 22, becoming one of the last states to drop the gavel on 2000 regular session activity. Arizona and Illinois have recently engaged in special sessions, but neither state has addressed any issues pertaining to violence against women. Arkansas Governor Mike Huckabee (R) indicated that he is considering calling a special session on December 13 to do a "technical cleanup" of a state sales tax law. Other state legislative activity consists mostly of pre-filing legislation and electing leadership positions for the 2001 session.

State senators in Maine face a predicament similar to the one being confronted by their colleagues in the United States Senate. The state's upper chamber is split evenly between Republicans and Democrats (17-17, with one Independent), and many ideas are being floated to resolve the deadlock, including power-sharing arrangements. Interestingly, Democratic Senate leaders in California have chosen several Republicans to chair important committees in the chamber despite the Democratic Party's firm control there (26-14). Senate Democrats are only one seat away from having the two-thirds majority necessary to pass budget proposals without any Republican support. Note that California Democrats also dominate the Assembly (50-30) and claim the veto pen of Democratic Governor Gray Davis.

In other state political news, New York Governor George Pataki (R) has announced that despite previous campaign pledges to the contrary, he will seek a third term in the 2002 election. Texas Lieutenant Governor Rick Perry (R) reports that he has been working with apparent President-elect George W. Bush on a "quiet transition" to the state's top office.

With most state legislative sessions only weeks away, local press is beginning to give coverage to draft bills and proposals for next year. The Austin American Statesman recently reported that Texas State Senator Gonzalo Barrientos (D) will introduce a bill next year that requires people suspected of sexual offenses to surrender DNA samples shortly after arrest. Currently, DNA samples can only be taken after a conviction or court order. To date, the proposal's most ardent supporters include the Texas Association Against Sexual Assaults and the Austin Police Association, which claims the procedure would likely "speed investigations and close unsolved cases." No legislators have committed to co-sponsoring the legislation yet, but several have reportedly shown interest. Leading the charge against the proposal is the American Civil Liberties Union (ACLU), which previously opposed similar bills in Louisiana and Washington.