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Chicago Tribune (Illinois)
February 1, 2008 Friday
Obama lived in the `present' in Illinois legislature
BYLINE: By Rick Pearson and Ray Long, Chicago Tribune
Obama and his fellow state senators considered more than 175 pieces of legislation on a frenetic day in March 1999. Of those measures, Obama voted "present" 31 times.
He had plenty of company. On all but two of those roll calls, more than a dozen of his Democratic colleagues did the same _ to protest a Republican budget package.
The use of the "present" button in the Illinois legislature increasingly has become part of Sen. Hillary Clinton's criticism of Obama, her rival for the Democratic presidential nomination. Alleging Obama has a history of dodging tough decisions, Clinton likes to note: "A president can't vote present."
Her dig underscores how a peculiar Illinois tradition can be tough to explain on the national political stage.
A Chicago Tribune review of Obama's voting record found that he voted present on 129 bills and 11 personnel appointments out of roughly 4,000 votes cast during his nearly eight years in Springfield. Casting scores of present votes was not out of the ordinary for an Illinois lawmaker _ nor was Obama's taking calculated advantage of the quirky voting method to skirt political risk.
Some lawmakers say they cast present votes to avoid conflicts of interest. Others, such as Obama, have contended some present votes reflected support for a concept in a bill while opposing some of its specifics. Often, Democrats and Republicans vote present to rail at the actions of the other.
But in a system where the number of "yes" votes determines if a bill will pass or fail, the "present" vote provides lawmakers a politically convenient way to vote "no" without explicitly doing so and engendering the wrath of constituents, supporters or opponents. Illinois is one of only a handful of states that allow a vote of "present."
In many cases, Obama's "present" votes reflected an orchestrated effort by Democrats to register complaints about the actions of Republicans, who controlled the state Senate for all but Obama's final two years in Springfield.
Still, he was the lone "present" vote on 10 roll calls, and he often gave no rationale for his decision on measures that, for the most part, were approved with overwhelming bipartisan support.
In a statement late Friday, the Obama campaign said he occasionally cast a "present" vote "to advance a legislative strategy designed by progressive groups, indicate that a bill was rushed and needed more work, or signal that legislation may be unconstitutional."
In a recent debate, Clinton seized on one of Obama's lone "present" votes on a bill allowing sexual assault victims to ask prosecutors to request the sealing of court records.
Obama responded by noting he had sponsored such a bill approved by the state Senate, only to learn later that it "needed to be fixed so that it wouldn't be struck down." The Obama campaign said Friday he was referring to concerns that the measure violated free-speech protections prohibiting judges from sealing records of trials held in open court.
Legislative records show Obama did co-sponsor a version of the bill backed by Democrats, but it was vetoed by then-Republican Gov. George Ryan. The governor opted to sign an identical bill sponsored by Republicans _ the one Obama voted "present" on. Obama did not state his objection on the floor at the time, though, and the law remains in effect.
Much of Clinton's early criticism of Obama's "present" votes have involved his actions on seven bills aimed at restricting abortion. Obama and officials from Planned Parenthood have said the "present" votes were a strategy to give cover to Democrats who might be attacked by Republicans later if they voted "no." But most, if not all, of the lawmakers in question were in politically safe districts.
Shortly after Obama's presidential bid was announced a year ago, state Sen. Debbie Halvorson, D-Crete, said her "present" votes were "an easy way of voting" because casting a "no" vote would be "so harsh (since) nobody's for killing babies."
"I don't recall any kind of strategy," said Halvorson, now seeking the Democratic nomination for Congress. Planned Parenthood "may have said it was OK to vote `present,' but no one on that list (of those voting present) needed cover."
Obama also has come under fire from Clinton and other critics over his "present" vote on a 2001 measure that would have required a 1,000-foot buffer between adult establishments and schools, parks, churches, day-care centers and homes. Obama, citing the need to maintain local control in zoning matters, urged a "no" vote on the Senate floor. But he actually voted "present" along with four others, including a conservative Republican. The bill failed by three votes.
A review of legislative records also showed Obama had his share of voting-button bobbles. At least six time he said he hit the wrong button. Other times, he simply blamed his voting mechanism.
"My button," he said after one such vote, "seems to be sticking."
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