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NY-St. Senate: Control Falls Back to GOP

by: Crisitunity

Mon Jun 08, 2009 at 4:30 PM EDT


Democrats took over control of the New York Senate with the 2008 election after decades of trying, but that flipped back to the GOP today with two defections.
A raucous leadership fight erupted on the floor of the Senate around 3 p.m., with two Democrats, Pedro Espada Jr. of the Bronx and Hiram Monserrate of Queens, joining the 30 Senate Republicans in a motion that would displace Democrats as the party in control.

This makes Dean Skelos the new majority leader by a 32-30 margin, although Espada and Monserrate don't seem to have officially changed parties. This would seem to be a last-ditch effort to stop gay marriage from clearing the New York Senate, but oddly, the main Democratic obstruction on that front, Sen. Ruben Diaz Jr. Sr., didn't join the other two dissidents in today's vote. (H/t Zeitgeist9000.)

As much as this screws up not only the gay marriage push but also the state's budget, this may have one silver lining: unless there's going to be some sort of counter-push, Darrell Aubertine isn't as desperately needed to stay in place, and he can jump into NY-23 with impunity.

UPDATE (David): It looks like gay marriage may have had nothing to do with this:

One person backing the revolt to put Republicans back in charge was Tom Golisano, the Rochester businessman and founder of Responsible New York, a political action committee that gave thousands of dollars to Senate Democrats last year to help them take control of the Senate, but who has become increasingly critical of the party. Mr. Golisano recently announced that he was moving his legal residence to Florida out of anger about the budget deal crafted in April by Democratic leaders in Albany, which included an increase in taxes on high earners.

Mr. Golisano played a role in negotiating original deal under which Mr. Espada and Mr. Monserrate - along with Mr. Díaz and Senator Carl Kruger of Brooklyn - gave their support to Mr. Smith. Steve Pigeon, his aide de camp, has been a frequent presence in Albany in recent weeks, and said Tuesday that Mr. Golisano felt betrayed by Mr. Smith because the Democratic leader had not delivered the overhaul of Senate rules he had promised upon taking power.

"He feels very strongly that he backed Malcolm Smith, and Smith didn't keep his word, and didn't make the changes he said he would," Mr. Pigeon. "What you will see now is power-sharing, real reform."

LATER UPDATE (David): Senate Dems seem to be saying this is all just a bad dream:

STATEMENT FROM AUSTIN SHAFRAN, PRESS SECRETARY FOR SENATE MAJORITY LEADER MALCOLM A. SMITH

"This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority.

Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader.  The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work."

ONE MORE UPDATE (David): In a new article, the NYT says that gay marriage had nothing to do with it:

Concern over a failure to adopt new Senate rules, coupled with anger over a tax increase included in the recently passed state budget deal, was said to have led to the switch.
Crisitunity :: NY-St. Senate: Control Falls Back to GOP
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This is stunning
Feels like a punch to the gut. I disagree w/r/t to Aubertine, though - even if this does hold up, we're still super-close to the majority and still need every seat we can get.

Isn't Hiram Monserrate ...
... the same dude that sliced his girlfriend up with a broken wine glass or something like that a few months ago?  Sounds like someone who you wouldn't want in your life on a personal or political level.

They both
sound like real winners. They could both be out of office soon anyway if The Law has anything to say about it:
Both men are under investigation by the authorities. The state attorney general's office is investigating a health care agency, Soundview HealthCare Network, that Mr. Espada ran until recently. And Mr. Monserrate, who was indicted on felony assault charges in March stemming from an attack on his companion, would automatically be thrown out of office if convicted.


[ Parent ]
They should not have pushed gay marriage
The votes were simply never there.  It was not ever passing this year.  What a disaster.  I have to believe that the non-existent leadership from Paterson and Smith played some role in this.  If Paterson is at the top of the ballot next year, Democrats are begging for trouble.  

In terms of Aubertine, it's actually a tough call since this district might be chopped up in two years anyway.  Aubertine is our best prospect, but if Scott Murphy can carry NY-20, we might not need a A-list pol to win the seat.


I agree re: the votes
I agree, the votes weren't there in NY State this cycle for gay marriage legislation.

I kept thinking that with all the budget probs NY State is having, it would be better to continue to focus on those and lay off "elective" issues like gay marriage.


[ Parent ]
Or, you know, everyone
could just become Republicans. Why even try to enact Democratic values in one of the most liberal states in the country?  

[ Parent ]
we had control of redistricting in 2010
now Paterson's incompetence has brought our control of the governor's mansion into question, and his attempt to shore up progressives for the 2010 general by bringing up the marriage equality bill cost us the majority in the senate.

ever the tinniest of tin ears knew that with control of the senate, house and governor's mansion in 2010 we would redistrict in such a manner as to not only pick up a whole slew of senate seats (remember, we have suffered through insane gerrymanders here in NYS for nearly 50 YEARS), but that in addition to MORE Democrats, we would have BETTER Democrats, which meant that marriage equality would pass fairly easily in early 2011.

not talking ethics or morality, just politics...


[ Parent ]
First off, we don't know
That gay marriage was the reason. In fact, the NYT piece makes this sound like a Golisano-backed coup. Secondly, Thomas Duane said recently that he did now have the votes. He didn't name names, and of course, it might be in his interest to claim the votes are there even if no one is quite sure. But I'd be surprised if it was really gay marriage that caused this.

And if it was, then great - gay marriage commands majority support in NY state these days. If these jerkasses want to make same-sex marriage their last stand, they'll get punished for it.


[ Parent ]
I will be happy to have history remember them for that


[ Parent ]
I tend to believe Duane
It won't be one on the backs of Dems, but Republican moderates like Scozzafava, Betty Little, and a few others, I think, will likely pull it through.

30, male, Democratic, CO-01

[ Parent ]
As far as the millionaire tax/Golisano argument
Is that something that even effects their districts? Because I'm looking at SD-13 & SD-33, and while I'm hardly an expert on the socio-political geography of NY, it looks like they're primarily working and middle class areas. Cause if that's so, that seems like an issue we'd be able to annihilate Monserrate and Espada with in the inevitable future primary challenges, since their reasons for switching would then be highly counter to the economic needs of their constituents.  

22, Democrat, AZ-01
Peace. Love. Gabby.


[ Parent ]
Some middle-class but a lot of working-class
Middle-class areas of ethnic whites, African Americans, and Asians dominate SD-13.  SD-33, on the other hand, ranges from working-class to poor-as-poor-can be (in Fordham-Bedford). It is even more heavily minority, with a smattering of old Irish and Italian hangers-on, though most have moved to wealthier areas.

30, male, Democratic, CO-01

[ Parent ]
Revenge of Golidano?
The NY Times says this is pyrely the revenge of Tom Golisano who arranged this as pay back for NY State raising taxes on theultra wealthy.  Scum baf traitors.  Hope they enjoy sending all their new money to high priced lawyers.

[ Parent ]
Wrong
if the votes werent there then they wouldnt have bothered defecting.

And, the main sponsor in the Senate says he has the votes.


[ Parent ]
So we primary them
This won't last.  

Two questions going forward:
1. Is there anyone who can primary these clowns in 2010?
2. If not to 1, will these two vote for Democratic redistricting plans in 2011? (Of course, if Paterson is the nominee and loses in October, then it's irrelevant.) Not just for Congress, but the State Senate could use a good un-gerrymandering - Democrats could solidify their control easily this way.

I agree with David on Aubertine - someone else can win NY-23, we need him in the State Senate.


October?
...I mean November (of 2010). This isn't Louisiana.

[ Parent ]
NY
As someone who lives in NY, this sucks horribly.  The votes were CLEARLY not there, so I have no idea why they were pushing it so hard when several members of the caucus have said they were willing to hand over control the Republicans if it was pushed.

I doubt we can even primary these guys successfully.

29/D/Male/NY-01


NY Dems just snatched defeat from the jaws of success...


Welcome
to Minnesota territory!

[ Parent ]
Forgive my ignorance...
... but how the hell can the Republicans even be close to controlling the Senate in NY? It just does not make sense to me how a state that is 26-3 Dem on a congressional level and that went Obama by 27 points can even be close at the state leg level.

"Where free Unions and collective bargaining is forbidden, freedom is lost." - Ronald Reagan

It's called Gerrymandering
They have some of the worst districts in the country.  For example, this:

or this (Abraham Lincoln riding a vacuum cleaner):


28, Unenrolled, MA-08

[ Parent ]
I figured as much but...
... it still blows my mind.  

"Where free Unions and collective bargaining is forbidden, freedom is lost." - Ronald Reagan

[ Parent ]
It's Not New Either
This was the first year Republicans hadn't been running the Senate since ... sometime in the 1960s? I think that's right.

[ Parent ]
Actually, Herkimer County is to blame for half of that latter district
Specifically, the "Lincoln top hat" part of it.

party: Democratic, ideology: moderate, district: CT-01

[ Parent ]
Whaaatt....
That first district just totally blew my mind.  Aren't there contiguity laws or something?

[ Parent ]
Gerrymandered beyond belief
It doesn't strike me as particularly democratic either, for a state that voted 61% for Obama to be 32-30 GOP in the State Senate.

[ Parent ]
primary them? how can they even claim to be democrats?
there is no greater sin in american politics to voting against your own party leader for the leadership of the body you're in.

if i was a local democrat, i can't imagine that it would be that hard to find decent candidates to run gainst them.

And why do people keep suggesting that somehow Paterson could be the democratic candidate for governor?  He and Burris are already dead electorally.  There is NO way either one could win a primary.


I'm not encouraged by Cuomo's denials...
Until someone is in for sure, I'm not going to definitively say that Paterson WILL not be the nominee.

We at least have, to challenge Burris, a solid candidate in Alexi Giannoulias (who I'll be voting for in two years, no less).

Nobody can't beat somebody, and until there is somebody, the possibility remains.


[ Parent ]
paterson must go
Even an idiot would not push for gay marriage when the majority is on thin ice.

And I do not even want to think of the various racial implications that his removal will give rise to. Charlie rangel already had hinted at it in an effort to spike Cuomo.


Paterson can't hide behind race
Every poll shows Cuomo winning the AA vote over Paterson.  Of course, if Andrew proves to be as gutless as his father was, then Paterson may not be challenged at all but that's another issue.

To answer another poster, I have no idea why the NY State Senate is in GOP hands or even close.  My only guess is that it is more based on geography than population, but I have no clue how a state party can even allow a razor-thin majority at all.  Any New Yorkers can explain?


[ Parent ]
The State Senate Explained
I have no idea why the NY State Senate is in GOP hands or even close.  My only guess is that it is more based on geography than population, but I have no clue how a state party can even allow a razor-thin majority at all.  Any New Yorkers can explain?

Republican control of the NY State Senate is, I believe, largely explained by the continuing dysfunctionality of NY State government generally.

Because New York puts almost complete power in the hands of the Assembly Speaker and Senate Majority Leader, nothing gets done unless those two and the Governor agree to it ahead of time (the "Three Men In A Room" system of governance). Then the chamber leaders go back and tell their majorities how to vote. So while some of those serving in the legislature are trying to do their best, many of those in the legislature are political hacks more interested in keeping their seats than in, say, making government represent the will of the people (or even work at all).

My understanding it that since until recently there was no interest in reform, and since nothing gets done unless these three guys agree to it, and since the primary objective of party leaders is keeping their majorities, the only way redistricting got done was that the Republican-led Senate let the Democratic Assembly gerrymander to protect its members in exchange for the Assembly letting the Senate gerrymander to protect its members. So the split government got entrenched with one party in charge of each chamber and the governorship occasionally changing parties (which didn't really matter since there was always a leader of the opposing party in the legislature who had effective veto power).

Only since the last gerrymander have political and population shifts been dramatic enough to overcome the line-drawing for Senate districts. Those who went along with this revolt say that they're going to institute "real" reform. Any bets as to whether that will include nonpartisan redistricting that might actually put Senate seats at risk? I'll believe it when I see it....


[ Parent ]
Rangel really went off the deep end with his Cuomo comments


[ Parent ]
Few things Rangel ever says are reasonable
He's an extremist through and through.

[ Parent ]
Disagree
As a former constituent of Rangel who liked him very much until the corruption scandals came out, I disagree. He says loads of things that are reasonable and good liberal positions. If you know him as an extremist, it's probably because you're less familiar with what he says 99+% of the time than the less than 1% of the time he shows his temper with something other than good liberal polemics. Charlie Rangel is no extremist, though he is unfortunately corrupt and should no longer be in the House.

"I'm not a member of any organized political party, I'm a Democrat!"
--  Will Rogers  


[ Parent ]
By the way
By the way, I totally agree that his warning to Andrew Cuomo was egregiously inappropriate and that he really should have shut up.

"I'm not a member of any organized political party, I'm a Democrat!"
--  Will Rogers  


[ Parent ]
Gay Marriage Not An Issue
Even an idiot would not push for gay marriage when the majority is on thin ice.

The reports are preliminary, but from what I've read so far gay marriage was not the cause of this coup.


[ Parent ]
Or does it...?
Fron The Albany Project:

http://thealbanyproject.com/di...

STATEMENT FROM AUSTIN SHAFRAN, PRESS SECRETARY FOR SENATE MAJORITY LEADER MALCOLM A. SMITH
"This was an illegal and unlawful attempt to gain control of the Senate and reverse the will of the people who voted for a Democratic Majority.

Nothing has changed, Senator Malcolm A. Smith remains the duly elected Temporary President and Majority Leader.  The real Senate Majority is anxious to get back to governing, and will take immediate steps to get us back to work."



I agree and disagree.
I'll agree that this was an inopportune time to push for gay marriage which wasn't happening anyway.  But that said these two have been a problem and itching to switch anyway.  Losing them is like losing James Traficant in the US House.  They were never worth keeping in the first place.

NY-13, Democrat. Blog @ http://infinitefunction.wordpr...

Is it just me...
or is New York trying to outdo California in terms of who can have the most dysfunctional legislature?

My blog
Twitter
Scribd
28, New Democrat, Female, TX-03 (hometown CA-26)


good lord
No kidding, MAN... I never thought that I would be HAPPY to live in a state with such a stable and reasonable state government... lol But man, compared to NY!!! I'm guessing that New York does not have the recall. I'm sure if it did we could easily raise some money online to fund new and better candidates.

[ Parent ]
Horrible for ages
I'm 44, and ever since I remember, New York has had a corrupt, secretive budgeting process, negotiated by the Governor, Speaker of the Assembly, and Senate Majority Leader (or President or whatever the hell the position is called) behind closed doors. The budget is almost always very late, too. New York State government fucking sucks, excuse the expression.

"I'm not a member of any organized political party, I'm a Democrat!"
--  Will Rogers  


[ Parent ]
Time to Dump Malcolm Smith?
I realize Paterson is getting much of the blame in this thread - but what about the Senate leader who seems to have been completely blind-sided?

If Montserrate is convicted
he is removed from office, we have a special election, and there's a 31/31 tie.

So, how many members need to show up for a quorum?


A simple majority of elected officials
for the NY Senate. So 32 would be quorum.  

[ Parent ]
Dems need to do some house-cleaning
There's no reason there should be 2-4 Democrats constantly threatening to bolt out of only 32 caucus members.  Imagine that percentage of disloyalty in the US House.  None of these clowns even come from tough districts like the Dem congressmen who switched after 1994.  I imagine this is going to be a very, very fleeting victory for NY Republicans.  We're going to get that majority back in 2010 and draw them down to 15 seats.

granted
wouldn't they need to loosen requirements to run and smash some of their own organizations to loosen the grip of the people most likely to defect?

Let's just say there are a half-dozen NY Dems in NYC who always endorse Republicans in close races. In both the House and Senate.

Either that.. or just go to a unicam legislature.


[ Parent ]
Unicameral
Unicameral state legislatures are a great idea. Ever since Baker v. Carr, requiring one-person, one-vote elections for state senates, there's been no evident reason for there to be two state legislatures. It's not like the state senate and assembly constituencies are so radically different and important that they both need representation, by analogy with the U.S. Senate and House. But since there is an entire chamber of state Senators who don't want to lose their jobs, don't expect anything to change on this score.

"I'm not a member of any organized political party, I'm a Democrat!"
--  Will Rogers  


[ Parent ]
No way.
While NY is dysfunctional, I like the idea of two bodies of different sizes and constituencies talking time to do things.  Imagine if we just had the U.S. House and no Senate...  I do think there are enough differences between a house/assembly seat and a senate seat.

[ Parent ]
How?
Just because there are fewer state senators than state assembly members? It's not like the senate districts are of rational shapes or represent historical geographical divisions or something. And as to your other point, a single legislature can be deliberative if it needs to be. I don't see the point in supporting the existence of a second house just for delay's sake.

And by the way, as a New Yorker, I'd strongly support abolishing the U.S. Senate if I had my druthers. The Grand Compromise that made Wyoming have the same number of senators as New York, when its population is approximately the same size as the Upper West Side of Manhattan, is anti-democratic. I at least understand the reason for it, though, since the U.S. is a federation. States, on the other hand, are not federations, so I see no good reason for there to be two houses of state legislatures today.

"I'm not a member of any organized political party, I'm a Democrat!"
--  Will Rogers  


[ Parent ]
Few things piss me off more than this
So it looks like this was more over political wheeling-and-dealing more than gay marriage.  If it was over the gay marriage issue, I could almost respect that more.  Political parties exist for important reasons, and when you run with a (D) next to your name on the ballot (especially in places like NYC, where that typically means you'll win a general election), that needs to come with some responsibilities.

Anyone who has read my comments over the past couple of years knows I'm far from the most rabidly partisan person, and that I am often one of the last ones to jump on the "Let's primary the SOB" wagon.  I'm probably more supportive than many here of a diversity of views in the party.  But not this time -- in large part because this doesn't seem to be related to that type of ideological difference.  In other words, read these two out of the party.

As has been discussed above, these two Senators have more than their political careers to worry about.  It sounds like both could be off to jail -- and there they can legitimately worry about a different and much more personal type of gay marriage.


Does the DLCC have a primary fund?
If not, why not?

Even if the switch hasn't happened, having these clowns in office automatically imperils the majority. They need to face primary opponents with more money than they know what to do with.


SENIOR
Ruben Diaz, Sr. is the wayward state senator and the vociferous homophobe that is sadly, also a Democrat.  Ruben Diaz Jr., his son, who sits in the Assembly, supports marriage equality.

Thanks
Though Ruben Jr. is actually now Bronx boro prez.

[ Parent ]
So...is this on or off anyway?
WTF is going on here?

party: Democratic, ideology: moderate, district: CT-01

I am not hopeful
A lot of people are saying that Hiram and Pedro will be indicted etc. and they will not remain senator very long. I doubt it.

HM will remain a senator for some time to come. Her girl friend has recanted.

Pedro Espada may go to jail oneday. But not very soon.

This would not have happened under the previous governor. I do not approve of his morals. But he knew how to deal with his enemies. He would have offered a Republican chnage sides soon after the election to cement a strong majority. David Paterson sucks.

Incidentally, the two defectors have been called "wise litano" senators several times in the NYT comments.


The attack was caught on video tape


[ Parent ]
Not so sure about that
I'd suggest reading over this great editorial piece by the NY Observer's Steve Kornacki.

http://www.politickerny.com/39...

These two are, in all likelihood, dead in the water politically. Defecting Democratic state senators have not fared at all well historically, and given the present high stakes for the state party, there's no reason at all to think Espada and Monserrate will do any better.  

Male, 23, DC-At Large


[ Parent ]
They will remain senators until the next election
Besides, if this is not resolved satisfactorily, Aubertine may go for congress. It will be very difficult to retain his seat.

[ Parent ]
It wasn't Spitzers morals that bothered me.
A persons personal choices have little to do with there governing ability what bothered me is he A: used state money. B: Broke the law that he enforced so toughly.  

CO-02 (college)/FL-15 (home).  

[ Parent ]
Spitzer sucked as Governor
I was proud to vote for Spitzer, who was a great Attorney General. But I don't think that the fact that he was leaked as "Client 9" is what sunk him. That was the last straw. His heavy-handed and probably illegal attempts to hound the Republican Leader of the Senate into submission were idiotic, and he feuded openly with Assembly Speaker Silver, whose support he needed to do anything. Had he been otherwise doing a good job as Governor, he might have been able to issue a public "mea culpa" and continue, though I can't say I'm certain of that, because there was the element of hypocrisy in his having aggressively prosecuted the very types of prostitution rings that we had learned he patronized.

By the way, why is it that we still haven't found out who the other high-profile clients of that prostitution ring were? Isn't that odd.

"I'm not a member of any organized political party, I'm a Democrat!"
--  Will Rogers  


[ Parent ]

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