Democrat resigns a week before NC Senate could hold budget override vote

The Republican-led North Carolina state legislature is one vote away from overriding the Democratic governor’s budget veto. The GOP needs one Democrat to join them — or two absences.

Now the Senate is one Democrat short, with Tuesday’s resignation of Sen. Floyd McKissick Jr., who was appointed to the N.C. Utilities Commission.

The General Assembly reconvenes on Tuesday.

The Democratic Party in McKissick’s Senate district plans to vote on his replacement on Sunday, then present that decision to Gov. Roy Cooper to sign off on the appointment, so the new senator could be sworn in on Tuesday, as well.

Where the budget stands

More than six months ago, Cooper vetoed the state budget, which was overridden by the House on Sept. 11 in a contentious vote with many Democrats absent. Senate leaders announced that their chamber would consider the override vote in October, but adjourned for the year without calling a vote.

Cooper said he vetoed the budget passed by the Republican-majority House and Senate because it was a “bad budget with the wrong priorities.” Higher raises for teachers and expanding Medicaid have been at the center of a budget battle that’s now halfway into the fiscal year. Last year’s budget rolled over, and multiple “mini-budget” bills were passed the past several months.

According to Senate rules, the Rules Committee chair — Sen. Bill Rabon — gives the minority leader — Sen. Dan Blue — at least 24 hours’ notice that the vetoed bill may be considered by the Senate. “Be considered” doesn’t mean it will be definitely be called for a vote, though.

Senate leader Phil Berger, an Eden Republican, told reporters last fall that Democrats would be told ahead of time if the override vote was to be considered. The Senate reconvenes at noon on Tuesday. The calendar for that day’s session has yet to be published as of Jan. 7.

Republicans need a three-fifths supermajority to override a veto. If all Republicans are present and vote for the override, they only need one Democrat to vote with them to pass the budget. However, if there are fewer Democrats and Republicans on the floor at the time of the vote, the numbers needed will change. That’s what happened on the House floor when they overrode the budget veto on Sept. 11.

If McKissick’s replacement isn’t in his or her seat by the vote, Republicans would only need one more Democratic absence to have enough votes to override the veto, making the budget law. Of the 50 senators, 29 are Republicans and 21 are Democrats.

McKissick’s resignation

McKissick has served in the District 20 seat since 2007.

“One of the most important things that I learned while serving in the Senate is how to work effectively with my colleagues regardless of party affiliation or whether Democrats or Republicans held the majority and were in charge,” McKissick said in a public statement he posted to his Facebook page on Tuesday.

McKissick cited his work on legislation and programs including the Racial Justice Act, sustainable communities, criminal justice reform, animal shelters and restoring Saturday voting. McKissick’s resignation letter to Cooper also thanked the governor and encouraged bipartisanship in the legislature.

Cooper appointed McKissick to the commission in 2019, and he was later confirmed by the House and Senate. He said his goodbyes on the Senate floor on Oct. 31.

Party appointee

McKissick’s replacement will fill the remainder of his term. All 170 General Assembly seats are up for election in November.

Three Democrats are competing in the primary for the party’s nomination to fill McKissick’s seat in majority-Democratic Durham. Natalie Murdock, Pierce Freelon and Gray Ellis are all running in the primary, which will be held March 3. Murdock and Freelon have already told the Democratic Party they want to be considered to fill McKissick’s current term.

About 100 Durham Democrats in leadership positions like precinct chairs will vote at a meeting on Sunday afternoon, said Carl Newman, a North Carolina Democratic Party state executive committee member and one of those who will vote.

Nominations will be accepted from the floor, and candidates who are nominated will speak to the assembled group before the vote.

The party then sends its nomination to the governor.

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This story was originally published January 7, 2020 at 7:45 PM.