Absent Democratic senator returns but acrimony lingers

Associated Press

HELENA — A state senator whose absence led to an uproar was back in attendance Saturday — but acrimony over a noisy showdown a day earlier promised to linger.

State Sen. Shannon Augare of Browning returned to the Senate early Saturday as the chamber resumed voting. He told reporters in a prepared statement that he went home to conduct tribal business, and that his text message notifying a caucus leader that he would be absent was apparently not received.

A day earlier Democrats publicly announced intentions to halt all business by invoking a parliamentary move that demands every member is present before business can resume. The move could have killed some Republican proposals in danger of missing a procedural deadline.

But Republicans, given several hours to plot a counterstrategy, ignored the Democrats and went ahead with votes, leading the minority party to pound on their desks and shout.

Republicans argue Augare’s absence was orchestrated to stall the chamber.

Republican leaders issued subpoenas from the Senate president’s office as part of “an investigation involving the events surrounding Sen. Shannon Augare’s absence.”

“If it was a ruse, if it was deceit — we will find out about it,” said Senate Majority Leader Art Wittich.

Initially, Democrats suggested that there could be a safety concern over Augare’s absence.

House Minority Leader Jon Sesso, in an interview with The Associated Press, denied the allegation that the absence was orchestrated. He eventually became aware of Augare’s location later Friday, and decided the Democrats would still attempt the “call of the Senate” motion that was foiled by Republicans.

Sesso also shed some light on the protest during a floor speech. He acknowledged Democrats attempted the motion in order to kill Senate Bill 405, which seeks to end same-day voter registration.

The measure would bypass the potential veto of Gov. Steve Bullock and send the question directly to voters in 2014. Republicans, who feel Democrats have an advantage driving voters to the polls on Election Day, argue same-day registration leads to long lines at the polls. 

Sesso argued the bill was allowed a committee hearing earlier in the week without proper public notice. And he said Senate President Jeff Essmann violated chamber rules and the Montana Constitution by failing to recognize Democrats when they attempted to make the “call of the Senate” motion.

Sesso said all the subsequent votes — taken while Democrats objected and pounded on their desks — are illegal an invalid. He left open the possibility of action in the courts.

Another disputed measure would ask voters in 2014 to create a “top two” primary that would prevent third-party candidates from stealing votes away from major party candidates in the general election. 

Republicans leaders responded by saying they didn’t need to recognize unruly Democrats. 

“Everything that has been done in this chamber is lawful,” said Wittich. “It is completely defensible.”

He suggested the actions of Democrats in fabricating Augare’s absence as they prepared to halt all business violate ethics rules. 

“It will also be looked at,” Wittich said. 

Republicans said the rules committee, run by the majority, would meet Monday to hear complaints on the matter. 

Others in the chamber urged both sides to move on as the dispute threatened to send the chamber into elevated partisanship with just 18 days left in the Legislature. 

“It is hard to be the minority, so I get the attempt to use process. The majority responded with process. Time to get this behind us,” Jones tweeted from the Senate floor. “It is time to make a choice in the Senate. Are you part of the solution or part of the problem? Let’s focus on doing the people’s work.” 

Republicans in the Senate took action on a lot of bills Saturday, including one that would attempt to end same-day voter registration with a normal change in law. Republicans believe it will be vetoed by Bullock, and that is why they have prepared the referendum to send to voters.

It predictably inflamed debate.

“Some of us will never under any circumstances deny an eligible voter the right to vote,” said state Sen. Kendall Van Dyk, D-Billings. “We value that freedom and we should enhance the opportunity for everyone to participate in it.”

The chamber also advanced a measure would require parents to approve their child’s participation in sex education at schools. Democrats argued the Legislature was usurping the local control rights of school boards.