NJ Democrats Blatantly Violate Legislative Laws to Prevent Gun Control Bill From Being Defeated During Live Vote

June 8 2013
by GSL Staff
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NEW_JERSEY_SEALRemember the first hot mic issue from NJ we reported a couple of weeks ago when a state senator was caught on a live mic saying they needed a bill that would “confiscate, confiscate, confiscate”?

Well, it seems the NJ State Senate Democrats aren’t the only ones who don’t know how microphones work. Their counterparts in the General Assembly got caught doing the same thing.

The vote was for an extremely restrictive new gun control bill being taken in committee (a bill must first pass through a committee before it can be voted on by the whole legislature).

The committee was doing a roll call vote and when they realized they wouldn’t have enough votes, they stopped the vote and tried to move onto something else. This means even though the bill was going to be defeated in a formal vote, it never was. It’s still a live bill. This is grossly against the rules for the NJ General Assembly

According to Page 19, Section 12.3 of the official NJ General Assembly Rules:

12:3. No Motions During Roll Call Vote.
After a roll call vote has commenced, no motion is in order until the results are announced by the Speaker.

So the motion to have a recess and the motion to skip the gun bill were both ILLEGAL!

Now, since a vote was technically never taken on the bill, Democrats can try to move it into another, more favorable committee where they can insure its passage.

If these were Republican lawmakers blatantly violating the rules for their own agenda it would be a national news story!

Here is an unofficial transcript of the incident:

“There won’t be 5 votes. We need 7.
You told members of the commmittee we need 7 votes”
-unintelligible-
“We still won’t have it.
We still don’t have it.”
-mic off-
“kay, we’re gonna move on to the next bill. You wanna do the same one…”
“…are you tabling that bill?”
“We are taking a break from that bill.”
“We’ll take a break from that bill.”
“Next bill that we’re gonna consider will be, um…Assemby bill 4181…and…”
“…and…”
“…I’m sorry…”
“(unintelligible) point of order…can we go onto another bill while there’s no authority on another?
“What we’re asking to do is we’re just checking the language on one bill…just checking and we’re gonna come right back to it…just make sure we’re correct, because of the amendment”
“(unintelligible) but you haven’t called the roll yet”
“I don’t…no, you don’t have to, no…”
“Ah, based on what I was informed, we didn’t have to…”
“I don’t know how you start to…”
“Well, we’re gonna come right back to the bill…”
“…I think it’s a point of order that I think you have to finish,once you call the roll, you have to finish…the vote…”
“…I don’t know that that’s, I don’t know that that’s a committee rule…I think that Chairman has the discretion”
“…before you move onto other business”
“I understand what you’re saying, but since I’m not…uh, based on the information that I received, and that’s not a committee rule, we’re going to just move onto the next bill and we’ll come right back to that bill…we will vote on that bill completely today”
“I understand what you want to do, but I’m not sure you can do it…you, you have to…once you call the roll, you gotta finish it…you could’ve…before you had it, once before you started to first and second it, you could’ve moved onto another bill and come back, but once you do that, I think you have to take all the votes and then move on to the next business. I don’t think you can stop in the middle of taking votes…”
“Until we find out for sure, what we’re going to do is we’re going to move on, Assemblyman. Thank you.”
“Mr. Chairman, why don’t you take a motion to (unintelligible)”
“we’re going to look into that…”
-crosstalk-
“…you can make a motion to take a short recess during a meeting (something “business”)…”
“You wanna do that?”
“What we’ll do is how about we make a motion to take a short recess and we’ll find out for sure what we…the best way to do it…will that suffice with you…that be alright?”
“Certainly”
“Can I get a motion?”
“On a motion to recess…Assemblyman Rigal…”
“Agree”
“We’re motioning to take a recess”
“again, how do you order a recess, Mr. Chairman? You can’t take another motion while another motion is pending”
“ok, we gonna take a recess. Ok? Ok. We gonna take a recess”
-break-
After looking at the amendments, and seeing that they were very unclear to myself and a couple other members, I’m gonna ask that we hold this bill and have a chance to speak to the sponsor to make a good bill better, so we’re gonna be holding bill A4182, and we’re not going to move further on the Senate version of the same bill. So we will be holding that bill today.”

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