I’ve been getting Tom Davis‘ highly involved emails about the uncertainty surrounding what will happen with the lieutenant governor position if Henry McMaster becomes governor, but I confess I found them a bit dense and confusing, and didn’t read them all the way through.
Really, really simplifying it, Tom has two issues:
- He wants the Supreme Court to clarify a mess created by the General Assembly. Voters wisely decided several years back that we would, starting in 2018, elect the governor and lieutenant governor together. In the past, if there’s a vacancy in the lt. gov. position between elections, the president pro tem of the Senate becomes Gov Lite. After 2018, if there’s a sudden vacancy, the governor will be empowered to appoint a new lt. Unfortunately, the language lawmakers passed to go into the state constitution after the vote failed to specify that the governor wouldn’t have that appointive power until 2018, leaving it open to the interpretation that the governor has that power now.
- He wants Hugh Leatherman, who as Senate president pro tem is arguably the most powerful person in state government, to take the gov lite job, which is worth even less than the bucket of warm spit at which vice presidency is valued. Leatherman, quite understandably, isn’t even slightly interested in giving up the Senate post he’s spent his political career rising to.
I’m with Sen. Davis on the first point — the succession needs to be cleared up. Trying to follow what the law exactly is at this moment sort of makes my head hurt.
I’m not with him on the second. If the succession is done the old way, and Leatherman resigns temporarily from the pro tem position so someone else can have it long enough to become lieutenant governor, and he can then summon the votes to become pro tem again, well, more power to him. (Too much power, Sen. Shane Massey would say, but I say it’s up to the senators to decide whether they want their Finance chairman to be pro tem.)
Yeah, if the Court says it still works that way, the pro tem must become gov lite. But that doesn’t specify which pro tem. As we saw just a couple of years back, even if one just became pro tem five minutes ago, you’re the one who becomes lt. gov.
That time around, John Courson didn’t have the votes to quit for a few minutes and be re-elected. From what I hear, Leatherman does.
Yes, technically — if the Court rules that way — being pro tem entails becoming lt. gov. if there’s a vacancy. And Tom Davis seems to believe — as did Glenn McConnell — that this is some sort of sacred covenant that is somehow central to being pro tem. That seems a bit … off to me. I honor McConnell for following his conscience on that, but I’m just not entirely sure that he had the deep, moral obligation that he thought he did.
The voters of Florence County elected Leatherman to be their senator, not to be the lieutenant governor. His Senate colleagues chose him to be their leader, not to be lieutenant governor.
That the job of pro tem contains this condition of suddenly being demoted from the sublime heights to the lower depths of state officialdom, due to circumstances beyond one’s control, seems like a goofy, arbitrary penalty in a particularly capricious game. It’s like landing on Community Chest in Monopoly and getting a card that sends you straight to jail. It’s like an American-Ninja-style reality TV show in which, due to no failing on your part, a trap door suddenly opens under you and you fall into a vat of ice water. It does NOT seem like a provision drafted because it’s a sensible way to run a government. (I think succession laws make eminent sense — when it’s a matter of a promotion, like vice president to president. But this sudden penalty provision seems goofy.)
To respond to something Cindi suggested in her column: It would not be at all OK if the law were found to require the pro tem to become gov lite and Leatherman simply said, “I refuse.” That would be inexcusable, and then we’d have a real crisis on our hands. But if he’s willing to step down and run for the office again after some other poor soul becomes lieutenant governor, I say let him take his chances.
As one of his fellow senators, Tom Davis will then have not only the right, but the duty (since that’s what his conscience dictates) to vote against him, and try to persuade his colleagues to do likewise.
I don’t think this is an open-and-shut thing, and I can think of good reasons to take Tom’s position. But he doesn’t quite persuade me. Maybe some of you can….