Bolling seeks dismissal of Senate control lawsuit

Lt. Gov. Bill Bolling is asking a Richmond Circuit Court judge to dismiss the lawsuit filed by a Democratic Senator seeking to keep Bolling from using his tie-breaking vote to give control of the evenly-divided state Senate to Republicans.

The motion filed Wednesday by the Attorney General’s Office on Bolling’s behalf says the lawsuit filed in December by Sen. Donald McEachin, D-Henrico, said the court can not rule on the matter because that would be a violation of the separation of powers doctrine.

 Senate Democrats are seeking a power-sharing agreement between the two parties. 

"In essence, plaintiff asks this court to intervene in the legislative process, become the de facto presiding officer of the Senate, and issue a ruling as the presiding officer of the Senate," the motion claims

 

 

.On Tuesday Bolling issued a memorandum that spelled out what issues he believes, according to the state Constitution, he can and can’t cast a tie-breaking vote on in his capacity as President of the Senate. Bolling said from his reading of the state’s governing document he can vote on organizational matters. He said he cannot break a tie on the budget, appointment of judges, issuing bonds or anything that requires a supermajority vote by the chamber.

McEachin sought a temporary injunction last month to keep Bolling from voting on organization of the Senate when it convenes for its 2012 session next week. McEachin wanted to keep Bolling from handing power to the GOP in the chamber in which Republicans and Democrats both hold 20 seats, until the court decided whether Bolling had that power.

But, Richmond Circuit Judge Beverly Snukals denied the injunction, saying it was premature given that Bolling has yet to cast a decisive tie-breaking vote on the issue.

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