Delaware Liberal

DL Open Thread Wednesday July 27 2022

Today’s top story only tangentially involves the convicted state auditor.  Last night Lydia York was endorsed by the Democratic State Executive Committee.

Per the Del Dems web site, there are 27 voting members of the State Executive Committee. In addition to the statewide leadership, each subdivision is represented at the State Executive Committee by the subdivision chair, treasurer, and at-large members.

According to sources, there were zero “no”votes, but two people abstained from the vote.  I can’t imagine that anyone challenging a statewide incumbent ever got the endorsement of this committee.


What a wild and raucous day of blogging we had yesterday. If you missed it, I’ve rescued a comment (below) from Gary Myers which makes a strong case that Pete is constitutionally obligated to consider the resolution passed by the Senate to get rid of the convicted state auditor.

Maybe the news that McGuiness was (no doubt illegally) reading the emails of as yet undisclosed civilians will move Pete off his hardline defense of McGuiness? Who knows. The lumbering red-faced fatso is accustomed to getting his way and I’d wager that whatever disgusting thing motivated him to take a bizarrely hardline stance in defense of the convicted state auditor is still motivating him.


Speaking of wagers, Mega Millions jackpot surges to $1.02 billion after no winner Tuesday.  The expected value (EV) of buying a $2.00 MegaMillions lottery ticket is still not in your favor, but there is one statistic that makes buying your $2.00 ticket financially defensible.   There is a near 100% chance that someone is going to win eventually.  So, see you in line at the package store.


In still other news, $25,000 from Georgetown Town Council to fund a racist flag display seems like a lot to me.  (I had previously reported in the comments of another thread that is was $2,000).

 

Gary Myers says:
While I am far, far from being an expert on the constitutional rules governing the General Assembly’s proceedings, I think there is a substantial question whether the Speaker of the House can refuse to “call in” the House members to sit to consider the Senate’s passed resolution to begin a process of removing the auditor.

Technically, the General Assembly remains currently in session under the “special session” called by either the leadership or Gov. on July 1, 2022. The chambers simply earlier recessed to the call of the President or Speaker because no further business was before either back in July, However, when the Senate took up the McGinness resolution, it was back being active during the session. And such action by the Senate, given that the GA is still is session, puts the whole GA back in active mode.

The kicker here ( I think) is that Art, II, sec 12 of the State Constitution prevents one house from adjourning (and hence not sitting) for more than 3 days without the consent of the other chamber. The idea behind the constitutional provision is that one house can’t go “missing” on the other while the GA is in session and the one house is acting on legislative matters, unless the active house has consented to the other chamber’s absence lasting more than than 3 days, At least on the federal level, such consent comes via a concurrent resolution,

Consequently, when the Senate went active last week and took up the McGinness resolution, the House can’t stay out past three days under section 12. It has to return to take up the Senate business that is being presented to the House, Only if the Senate consented to the House’s continued absence can the House continue not to act. I am not sure that the Senate gave any such consent,

As I said, I am not expert in this realm but I think the Speaker’s refusal to call in House members violated Art. sec, 12,. But I confess I the above is just a theory from text and purpose, Perhaps, those more knowledgable can explain why section 12 does not apply.

Otherwise, the Speaker’s statements and non-action run afoul of Section 12

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