The two Arkansas House Republicans who voted against a pilot drug-testing program for welfare recipients are disavowing their March 30 votes, saying they pushed the red "nay" button on their desks when they meant to press the green "yea" button.
Freshman Rep. Dan Sullivan, R-Jonesboro, asked the House's chief clerk to change his no vote to yes on March 31 on the legislation authorizing a two-year pilot program for drug screening and testing of applicants for benefits in the Temporary Assistance for Needy Families Program.
"I just hit the wrong button when I sat down" after taking a call from a constituent outside the House chamber, Sullivan said in an interview last week.
On April 7, state Rep. Bill Gossage, R-Ozark, told the House's chief clerk in a letter that he had intended to vote for Senate Bill 600, which is now Act 1205.
"However, I inadvertently hit the incorrect button," Gossage wrote in his letter.
Sullivan's and Gossage's letters are among 24 that state representatives and senators wrote to House Chief Clerk Sherri Stacks or Senate Director Ann Cornwell to explain their votes or how they intended to vote on bills, or even to apologize to a colleague during this year's 82-day regular session.
During regular sessions for the past several years, the number of letters submitted by lawmakers has ranged from 24-39.
The letters are a way to correct the record, in a sense, and to respond to criticism or to mitigate future political attacks. But the letters don't change the lawmakers' votes.
Mistakes invariably happen in a regular legislative session.
Lawmakers face about 2,000 bills of lengths ranging from one page to more than 100 pages each, and with differing levels of complexity. Many of the bills are repeatedly changed by amendments throughout the three months of a legislative session. The letters are on file in the Senate director's and House chief clerk's offices.
Senate Bill 600, which sailed through the Senate in a 31-3 vote and through the House in a 69-14 vote, was signed into law by Gov. Asa Hutchinson.
Sullivan said he quickly discovered his mistaken vote on the drug-testing legislation, which was sponsored by Sen. Blake Johnson, R-Corning.
"It wasn't like I waited two or three days to test the waters on my vote. I erred and correctly it immediately," Sullivan said. "I just want to be honest and forthright. I want to be true to my position."
"It's the only time it happened the whole session," said Gossage of his vote error.
Gossage said Rep. Deborah Ferguson, D-West Memphis, asked him after the House's vote was recorded on the bill if he had intended to vote against it, and he told her "no. I meant to vote for it.'"
He said he submitted his letter on the bill to the House's chief clerk because "I wanted to reflect that I wanted to vote for it." He said he didn't receive any criticism for voting against the bill.
Each representative votes by pressing a green "yea" button, a red "nay" button or a yellow "prs" button on his desk in the House chamber. ("prs" stands for "present").
A fourth button is white and reads "rts" for "request to speak." That button is no longer used because representatives now stand up to be recognized to speak on the House floor, said House spokesman Cecillea Pond-Mayo.
The buttons are the size of the tip of a thumb.
House Chief of Staff Robert Dale -- a former Republican representative from Dover -- said some representatives occasionally hit the wrong button when voting because "there is some confusion on some votes, when the voting takes place fast."
He said some representatives occasionally get confused about whether they are voting on a bill or on an amendment to a bill, especially in the rush at the end of a session.
Dale said he hit the wrong button once during his six years in the state House, though he doesn't recall on which bill it was.
GUN-RELATED BILLS
Eight of the letters submitted by lawmakers dealt with gun-related bills.
Sullivan submitted one to the House chief clerk dated March 18 and addressed to "To Whom It May Concern."
He wrote that he "was inadvertently out of my seat during the vote on HB1240. As a co-sponsor, it was, however, my intention to vote 'yes.'" He said he was taking a phone call from a constituent outside the House chamber when the House voted 89-0 on March 17 to approve the bill.
HB1240 by Rep. Dwight Tosh, R-Jonesboro, is now Act 1073.
Under the measure, "a person is immune from civil action for the use of deadly physical force against another person who is an initial aggressor if the use of the deadly physical force was in accordance with [a provision of state law]."
Sen. Bart Hester, R-Cave Springs, wrote in a letter that he would have voted yes on HB1240, if he had been in the Senate chamber at the time of the vote.
Rep. Bruce Cozart, R-Hot Springs, wrote in a letter dated March 13 "To Whom It May Concern" that he was away from his seat during the vote on House Bill 1626, and "had I been in my seat, I would have voted yes."
That bill would have allowed county elected officials, who have concealed-handgun permits, to carry concealed handguns in a courthouse if that's in compliance with the local security and emergency preparedness plan. The bill later died in the Senate Judiciary Committee.
Cozart said he hates not voting on bills and that this bill was important to some people in his district.
"I do definitely want a good NRA rating," he said of the National Rifle Association, but he added that that's not why he submitted his letter.
On a different bill, Rep. Joe Farrer, R-Austin, wrote in a letter dated March 17 that he "was away from my desk and thought someone was going to vote yes on SB612 for me.
"This did not happen, but my intention was to vote 'yes,' on SB612," said Farrer.
SB612 by Sen. Jon Woods, R-Springdale, is now Act 649. It allows some foreigners, who are legally living in Arkansas, to carry weapons.
Farrer said he was out of his seat to get a drink when the House voted on SB612, and Rep. Charlotte Douglas, R-Alma "just forgot" to hit his green button for him.
He said he submitted the letter to the House chief clerk because "I wanted to be recognized as supporting [the bill]." He said he doesn't pay attention to the NRA's rating on how he votes.
Under state law, to obtain a conceal-and-carry permit, a person must be a U.S. citizen and an Arkansas resident. Act 649 allows any legal resident of the state to obtain a permit, regardless of citizenship.
Freshman Rep. Donnie Copeland, R-North Little Rock, submitted a letter dated March 2 "To Whom It May Concern" saying that he inadvertently pressed "present" when voting on House Bill 1077 that day.
"It was, however, my intent to vote 'yes,'" Copeland wrote.
The House-passed bill would have required public universities and colleges to allow staff members with concealed-handgun permits to carry firearms on campus. The bill died in the Senate Judiciary Committee.
Copeland could not be reached for comment by telephone last week.
OTHER LETTERS
Sen. Jonathan Dismang, R-Searcy, said in a letter dated April 2 that he was called out of the Senate chamber when the Senate voted on House Joint Resolution 1027 -- a proposed constitutional amendment to extend the terms of most county elected officials from two to four years. He wrote that he would have voted "PRESENT" if he had been there to vote.
Dismang, who is the Senate president pro tempore, said he submitted the letter to Cornwell because he was recorded as voting for the measure when he was outside the Senate chamber.
He said he wanted his vote "to be consistent" with his stance that the Legislature shouldn't refer any proposed constitutional amendments to voters for the 2016 general election. Lawmakers ultimately referred three proposals to voters for that election.
The other lawmakers who submitted letters on their votes include Reps. Andy Davis, R-Little Rock; Bob Ballinger, R-Hindsville; Scott Baltz, D-Pocahontas; David Fielding, D-Magnolia; Justin Harris, R-West Fork; Robin Lundstrum, R-Springdale; and James Sturch, R-Batesville; and Sens. Jason Rapert, R-Bigelow, Linda Collins-Smith, R-Pocahontas; Missy Irvin, R-Mountain View, and David Sanders, R-Little Rock.
Baltz, Collins-Smith, Fielding, Harris, Irvin, Lundstrum, Rapert, Sanders and Sturch explained in their letters that they had intended to vote a particular way on various bills, but for differing reasons they didn't cast those votes.
Ballinger and Davis each wrote that colleagues had pressed their buttons, so they were recorded as voting for bills when they would have voted against them.
Ballinger said Rep. John Payton, R-Wilburn, voted for him in favor of a bill "consistent with the [House Republican] caucus" but that Ballinger opposed the bill. Davis said Rep. Micah Neal, R-Springdale, voted for a bill for him, and "we just miscommunicated."
Rep. DeAnn Vaught, R-Horatio, a first-year lawmaker, wrote in a letter dated March 30 that she voted against SB818, but it was her intention to vote for it. The House approved the bill 70-1.
SB818, which is now Act 1051, requires the state Department of Health to provide vaccines, supplies and staffing necessary for the immunizations of nursing home residents and employees who lack coverage for immunizations through Medicare, Medicaid or other health insurance.
Vaught could not be reached for comment by telephone last week.
SundayMonday on 05/03/2015