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*** UPDATED x1 *** I’ve changed my mind about remote legislating

Tuesday, May 26, 2020 - Posted by Rich Miller

* My weekly syndicated newspaper column

Last winter, a buddy of mine asked me if I thought I could cover state legislative sessions from a remote, perhaps warmer, location.

I’ve been writing about Illinois politics and government for 30 years. Like many of my more experienced colleagues, I’ve developed an extensive list of sources and contacts that I can reach out to. I can also watch General Assembly floor debates and many committee hearings on the Internet.

So, after pondering the question for a bit, I said I might be able to do it for three years.

You may not believe this because House Speaker Michael Madigan has been in office since 1971, but there is a huge and regular turnover of legislators.

As of January, the median number of years served by House and Senate Republicans was four. The median was six years for House and Senate Democrats, according to data compiled by my pal John Amdor.

Because of that turnover, I’d eventually become too unfamiliar with the players and couldn’t effectively do my job.

And then came COVID-19. The spring legislative session was canceled for two months. I, like everyone who covers this stuff, became focused almost solely on the pandemic’s impact on Illinois and the state’s response and wound up working longer hours than during normal sessions, which usually keep me busy night and day.

The legislative leaders eventually decided to reconvene for a few days in late May and as I write this the General Assembly is on its third day in Springfield.

The leaders announced that reporters would be corralled into tiny spaces and, as a result, have no direct, ethical access to legislators and other Statehouse players beyond maybe catching up with them as they walk or drive to their Springfield isolation residences.

So, I figured this would be a good time to test my theory about remote reporting. I decided not to go to the Statehouse (where the Senate met) or to Springfield’s convention center (where the House met) and work from my Springfield home instead.

It’s been a weird experience.

After a while, you develop a sense of the Statehouse. You can, for instance, learn to spot a relevant group of people talking outside the legislative chambers or the governor’s office and then try to peel off one or more of them to find out what’s going on.

You can watch who is entering or leaving the governor’s office, or the House speaker’s office or some other important place and follow up.

You can stake people out who won’t return your calls or texts. You can hang outside of meeting rooms or in areas where interesting and knowledgeable people tend to gather (I call them “watering holes”).

You can roam the halls and wander into offices and hope you hear something useful. You can also get totally lucky by literally bumping into people as you walk around a corner or after popping into some random hearing.

After session ends for the day, you can buy drinks and dinner to maybe loosen lips or build working relationships, or pull other folks aside in restaurants and taverns.

You can make your own luck, but you have to be there.

None of that has been possible during this special session. If legislators are wandering around, reporters and lobbyists aren’t allowed into the area to chat with them. Members are also advised not to meet with anyone and the restaurants and taverns are all closed.

It hasn’t been easy, but I think I’ve done OK. I’ve been constantly worried that I’m missing something, but come to think of it, I’m always like that.

Still, I have not enjoyed the experience. I like my privacy, but I’m also a very social person. I need to be around people and the session has been driving me a little nuts. No more remote reporting during crunch time for me.

The session also has allowed me to think about the concept of remote legislating. When the pandemic began, I was for it. Why risk bringing in folks from literally every corner of the state to one centralized location? The Statehouse is a virus petri dish on a good day. But a deadly virus circulating through the state wasn’t worth the risk.

I’ve since had a change of heart.

I completely understand that we’re in an international crisis right now and I’ll give them this session without further complaint. But this cannot continue. My experience is showing me that a representative democracy is impossible to maintain without including the public. It should be used only in rare and limited circumstances.

*** UPDATE *** Hannah Meisel at the Daily Line has some of the debate on the remote legislating bill that failed to pass

State Rep. Tim Butler (R-Springfield), who represents the capital city, defended the Illinois constitution’s contention that the General Assembly’s meetings be held in the “seat of state government” and doubted the efficacy of virtual meetings.

“I know for a fact that gaming bill that we passed earlier today would not have passed if we weren’t in this setting right now because all the conversations we had back and forth allowed that bill to happen,” Butler said.

Others backed him up, including State Rep. Mary Flowers (D-Chicago) who said virtual meetings were not nearly as effective and denied the public the right to be part of the process.

“This is the people’s house, it’s not the people’s Zoom,” Flowers said.

But State Rep. Ann Williams (D-Chicago) said remote voting was about protecting the health and safety of lawmakers, staff and the public.

“It seems like some of this body forget that we are in the midst of a global pandemic,” Williams said.

       

49 Comments
  1. - A Guy - Tuesday, May 26, 20 @ 9:03 am:

    Amen. The most important part of democracy is the participation, and unbridled participation of the governed.


  2. - Joash - Tuesday, May 26, 20 @ 9:05 am:

    Good on you. People are going to work all the time! Fear factor out of control


  3. - efudd - Tuesday, May 26, 20 @ 9:11 am:

    “Fear factor out of control”

    One could argue it’s more of the dumb factor.


  4. - Anon221 - Tuesday, May 26, 20 @ 9:14 am:

    “My experience is showing me that a representative democracy is impossible to maintain without including the public. It should be used only in rare and limited circumstances.”

    And this has been the experience of Illinoisans throughout the state with everything from library boards to city councils to county boards. What is considered “essential business” has been left up to those entities to decide on their own- whether on record through a vote of the members, or unilaterally by a chair. It is leaving so many citizens out of the democratic process. If you’ve attended a Zoom meeting of a county board or committee, you just might know what I’m talking about.

    And, if Open Meetings Act complaints and threats of lawsuits won’t slow down some of the decisions these entities are choosing to make without active public participation, then elections this fall will have consequences in many areas of the State.


  5. - Amalia - Tuesday, May 26, 20 @ 9:16 am:

    really good and interesting column. captures the great things that can happen when you move around in the real world.


  6. - Levois J - Tuesday, May 26, 20 @ 9:17 am:

    Aside from the argument that representative democracy requires the inclusion of the public. I wondered if it was legal for the state legislature to conduct business remotely as the Chicago City Council have been able to meet remotely. In some states - well some states like Alabama - their constitution requires the legislatures must meet in a certain building.


  7. - Oswego Willy - Tuesday, May 26, 20 @ 9:19 am:

    === Fear factor out of control===

    … and yet, the NYSE is requiring waivers to those on the floor, money over lives, because heaven forbid the stock market gets sued for putting those needless in harms way… when remote trading is easily doable.

    So, when you mouth breathe “fear factor out of control”, ask yourself, before this global pandemic, once in a century type of virus, how safe is it when those choosing money over life… *still* know a waiver is needed.. for liability.

    If you have to sign a waiver to trade stocks… imagine other businesses begging to open that won’t have waivers… and will face lawsuits…


  8. - VoterAtLarge - Tuesday, May 26, 20 @ 9:22 am:

    I totally agree with your take on this, Rich. I appreciate all the extra effort you made to allow us to remain engaged remotely during this session.

    Didn’t they pass a bill that Committees could meet remotely? Since committee hearings usually have less people involved than the full GA, wouldn’t it make more sense to have the full GA meet remotely for floor sessions but allow the smaller groups (committees with public input, as long as all safety guidelines are upheld: mandatory masks, no contact with COVID patients/etc, must leave the room immediately after your bill is debated) could meet in person in Springfield? Normally, only one person is speaking at a time on the floor, and no public commentary is allowed, and Zoom/video conferencing would allow any legislator with questions to “raise their hand” while the rest of the body is muted To indicate they have questions for the sponsor.


  9. - Perrid - Tuesday, May 26, 20 @ 9:23 am:

    More session days, more committees, more input and discussion is very important. I don’t know how you have a commitee hearing and hear from a dozen or two witnesses over Zoom, or whatever. I don’t know where you draw the line though. Hold committee hearings in larger, well ventilated rooms? Have some limits on crowd size? We can’t have people elbow to elbow in a room with no windows for hours on end, but there has to be some middle point


  10. - Lucky Pierre - Tuesday, May 26, 20 @ 9:33 am:

    remote trading leads to far more volatility and hurts small investors


  11. - PublicServant - Tuesday, May 26, 20 @ 9:45 am:

    === Last winter, a buddy of mine asked me if I thought I could cover state legislative sessions from a remote, perhaps warmer, location. ===

    I hear Xenia is beautiful this time of year.

    Everyone wants to get back together ASAP Rich, but it’s just not possible for now without social distancing. For your sake too, pal. I’d consider you at fairly high risk if you catch it. Use your contacts from afar for the time being.

    PublicServant


  12. - Bruce (no not him) - Tuesday, May 26, 20 @ 9:51 am:

    But, but, pestilence


  13. - PublicServant - Tuesday, May 26, 20 @ 9:57 am:

    But, but … ignorance


  14. - Rich Miller - Tuesday, May 26, 20 @ 9:58 am:

    === but it’s just not possible for now without social distancing===

    Agreed, which is why I did not object to this special session.


  15. - Oswego Willy - Tuesday, May 26, 20 @ 10:04 am:

    === remote trading leads to far more volatility and hurts small investors===

    … so sign a waiver, not unlike jumping out of an airplane? Sure the parachute may not open, but don’t sue us?

    I mean, you’re a “money over lives”… you’re on brand.


  16. - Chatham Resident - Tuesday, May 26, 20 @ 10:05 am:

    ==I hear Xenia is beautiful this time of year.==

    Or Kaskaskia. It will be quite easy to social distance there–albeit it will result in having GA sessions outdoors. Which may be fun.


  17. - Fighter of Foo - Tuesday, May 26, 20 @ 10:06 am:

    I know I was saying this for a long time due to my insight in not closing in 6 other states. Keeping all our folks safe and employed. I am not trying to be mean spirited, but all these states are open. The rates of death are unchanged. Baseball tournaments are now scheduled in closer states for the kids in travel baseball. There is no restrictions on us and frankly, i am jacked. The poor kids in this state are being held hostage to this when there is no data that shows they have any harm to them. Time to get going.


  18. - Oswego Willy - Tuesday, May 26, 20 @ 10:11 am:

    To the Post,

    Great read. This is an evolving thing, and frankly thoughts to things like governing need to evolve to ensure the spirit of what it means to gather isn’t lost as others ridiculously want to *require* that gathering occurs. Rich is on the wave, and has a good feel on where this is all “at”.

    I wrote this when Rich has the QOTD on the issue;

    === - Oswego Willy - Thursday, Mar 19, 20 @ 1:09 pm

    Voted “minimum”… here’s the take;

    One member from all four caucuses *in* Springfield, during voting. Like a sort of verification to HQ, if you will.

    That can be, for a caucus, their legislator actually in Springfield, or rotating every 3 days.

    But, if odd things occur, each caucus in each chamber has a person “there” to have the interests of the caucus represented.

    Otherwise, “remote, virtual, Skype, Zoom, etc.”===

    After last week… still feel that way… but… we need prices to include much more… including press, lobbyist… people… but we need to find a sweet spot… as I’m evolving in this too.


  19. - southsider - Tuesday, May 26, 20 @ 10:16 am:

    I’m with you, Rich. Initially I was against remote legislating because so many people are forced to go to work every day and members sitting in the comfort of their home would send a really bad message. Then after talking to countless freaked out legislators and staff, I changed my mind and realized it likely wouldn’t be so bad. But now having watch first hand how little input was available from the public and employers (through their lobbyists) I am horrified about the thought of another session day done remotely.

    I like what the Senate proposed. Some committee hearings could absolutely be done remotely, but actual passage of bills needs to be done in the open, with the public and pesky lobbyists able to freely communicate with members and staff.


  20. - Buford - Tuesday, May 26, 20 @ 10:17 am:

    “This is the people’s house, it’s not the people’s Zoom,” Flowers said.” Rep. Flowers is my new hero for the week! The real danger is not so much at the statehouse with press watching what officials are doing, but in the sneaky one-party Klan counties like Whiteside, where county board chairman James Duffy deliberately prevents video taping of board meetings, with no coverage from his cronies at Sauk Valley news.


  21. - Howard - Tuesday, May 26, 20 @ 10:18 am:

    Remote learning for college students and K-12 will also not work


  22. - Titan - Tuesday, May 26, 20 @ 10:22 am:

    I generally agree. However, I do think that going forward there should be provision for some members to participate remotely.

    Perhaps a requirement of a live quorum, with others having a good reason to participate remotely being permitted to do so.


  23. - Oswego Willy - Tuesday, May 26, 20 @ 10:23 am:

    === Remote learning for college students and K-12 will also not work===

    I dunno either. Equal is still not “the same”.

    Then again, you can’t un-die, so should parents sign waivers that they won’t sue if they’re kids bring home the virus and infects parents or grandparents?

    There needs to be a discussion that a greater good is being fought by the selfish and the callous… so someone can eat at “Olive Garden”

    The only thing I know… the “open everything now” minority should not be driving this discussion.


  24. - @misterjayem - Tuesday, May 26, 20 @ 10:28 am:

    “I am not trying to be mean spirited, but all these states are open. The rates of death are unchanged.”

    Last week alone, the number of COVID-19 cases in Missouri rose by 27%.
    https://www.usnews.com/news/us/articles/2020-05-26/where-us-coronavirus-cases-are-on-the-rise

    – MrJM


  25. - thunderspirit - Tuesday, May 26, 20 @ 10:37 am:

    Please don’t interrupt talking points with facts and figures, MrJM.

    To the post —
    I am on Rich’s side here. Like Oswego Willy, I voted in the March 19 QotD:

    == I voted remote, but with the caveat that it should be for a limited time, and be required that the results of the vote be live-streamed.

    I have no idea how that would stand up to Constitutional scrutiny, though. ==


  26. - Pundent - Tuesday, May 26, 20 @ 10:55 am:

    =The poor kids in this state are being held hostage to this when there is no data that shows they have any harm to them.=

    Really? Four months into this and you still don’t understand the concept of the virus being transmitted by asymptomatic carriers? The issue isn’t as much that healthy young kids will get the virus, its that they will unknowingly spread it to those that aren’t as fortunate.


  27. - Fighter of Foo - Tuesday, May 26, 20 @ 11:18 am:

    Pundent.. The psychological damage is not calculable. Kids need to be in school. They need to be kids. Grandpa and Grandma can still zoom. The death rate is almost nil for the majority of the working and younger population. Wheres the outrage for all the kids shot on the Southside this weekend? More killed this weekend than Covid for working age an younger. This is nonsense at this point.


  28. - Oswego Willy - Tuesday, May 26, 20 @ 11:22 am:

    === The psychological damage is not calculable. Kids need to be in school. They need to be kids. Grandpa and Grandma can still zoom. The death rate is almost nil for the majority of the working and younger population.===

    Please stop with this truly utter ignorance as a logical thought.

    Dr Birx?

    === Dr. Deborah Birx, the response coordinator for the White House coronavirus task force, told a heartbreaking story of her great-grandmother dying from Spanish flu in 1918 as she underscored the need for social distancing.

    During the 1918 pandemic, Birx’s grandmother came home with the Spanish flu, and ended up passing it on to Birx’s great-grandmother, who had recently given birth. Birx said her grandmother lived with the guilt of this her entire life and “never forgot that she was the child that was in school that innocently brought that flu home.”===

    “… Birx said her grandmother lived with the guilt of this her entire life and “never forgot that she was the child that was in school that innocently brought that flu home.”…”””

    What about that damage?

    Please STOP with this idea that going back to normal is a necessity.

    It’s not.

    What is necessary is moving towards a new normal and keeping people safe from the scientifically ignorant.

    Talk to Dr. Birx about kids… schools… and pandemics.


  29. - Fighter of Foo - Tuesday, May 26, 20 @ 11:27 am:

    OW.. Or Dr. Fauci? It’s nothing. It’s something. No masks. Masks. He has been on every side, It’s ok. We did what we needed. It’s over now. Time to live like the other states are doing. It’s time.


  30. - Oswego Willy - Tuesday, May 26, 20 @ 11:31 am:

    ===It’s over now. Time to live like the other states are doing.===

    It’s not over. It’s not remotely over. The reason things are not worse than 100,000 deaths in 12 weeks is by continuing to save lives with the proper precautions.

    I can’t believe you lost a love one to this tragic pandemic and still think in these terms.

    Without losing a loved one, this is sadly so clueless to the challenges now, where do I begin?

    Money over lives is tragic to the humanity lost, including your family member


  31. - @misterjayem - Tuesday, May 26, 20 @ 11:32 am:

    “The death rate is almost nil for the majority of the working and younger population.”

    16% of the deaths reported on Saturday were Illinois citizens under the age of 60.

    Please stop repeating that lie.

    – MrJM


  32. - Fighter of Foo - Tuesday, May 26, 20 @ 11:36 am:

    More people are dying in Chicago by gun violence since January of working and school age. That’s the issue. Anyone who lost a loved one, like us, can be angry they died alone because of the precautions as well. The best way to move forward is to actually live. We just disagree. Much respect forever.


  33. - Oswego Willy - Tuesday, May 26, 20 @ 11:41 am:

    === More people are dying in Chicago by gun violence===

    (Sigh)

    This isn’t even remotely the same family…

    ..,like comparing apples… to a frisbee.

    Explain how gun violence is stopped by locating asymptomatic infections.

    I respect your opinion, again, my deepest condolences to you and your family.

    This idea, however, that you’re being thoughtful to this pandemic, then comparing it to gun violence… I’m sorry, no.

    Stay well, deepest condolences too.


  34. - Rich Hill - Tuesday, May 26, 20 @ 11:43 am:

    Regarding kids, the big news story in New York is that several dozen kids have a syndrome associated with the virus, with the first confirmed death of a 5-year-old boy about a week ago.

    https://www.nbcnewyork.com/news/local/cdc-confirms-link-of-inflammatory-syndrome-in-children-to-covid-19-145-potential-cases-in-nyc/2421547/


  35. - Huh? - Tuesday, May 26, 20 @ 12:06 pm:

    There have been some studies indicating that when the courts use video conferencing as a means to reduce transportation costs between jails and the court room, there there is a dehumanizing effect. That the lack of in-person face to face contact causes bails to be higher, length of prison terms are increased.

    For contentious issues, I fear that something similar could occur during a government video meeting.

    Have participated in a number of video conferences since the middle of March. There is something about being able to read the body language, get the “feel of the room” that the in-person meetings provide.

    Video meetings should not take the place of in-person meetings for regular government business.

    Video meetings should be a very rare exception.


  36. - Excitable Boy - Tuesday, May 26, 20 @ 12:08 pm:

    - More people are dying in Chicago by gun violence -

    I’m sure you’re regularly visiting and taking your family to the neighborhoods that see the bulk of that, right? Because freedom?


  37. - Oswego Willy - Tuesday, May 26, 20 @ 12:16 pm:

    === breathing” here. Read an article the other day that is in unhealthy. Hope you can summon the courage to…===

    … get take out at non-chain restaurants? Check

    … go get items for the yard, home? Check

    … go do essential things like going to the bank? Check

    … stay away from family and friends as not to infect them if I’m an asymptomatic carrier because I’ve been out? Check

    Of course, I’m wearing a mask, social distancing as i should be, not invading people’s spaces, and recognizing those working need me to abide by all these things for their safety as much as mine.

    Thanks for your concern.

    :)


  38. - Blue Dog Dem - Tuesday, May 26, 20 @ 12:40 pm:

    fighter of foo. I have to admit,after seeing lake traffic this weekend, its mostly over.


  39. - Rich Miller - Tuesday, May 26, 20 @ 12:42 pm:

    ===after seeing lake traffic this weekend===

    Not in Springfield. I live on the lake. I usually see lots and lots of boat traffic on Memorial Day weekend. Not this year.


  40. - Blue Dog Dem - Tuesday, May 26, 20 @ 12:44 pm:

    rich, kinkaid was near normal for memorial weekend. Maybe 80%.


  41. - Candy Dogood - Tuesday, May 26, 20 @ 1:21 pm:

    I feel like we should be creating a new Golden Horseshoe award just for OW in recognition of his voice of reason against a howling mob in the comments section during the COVID-19 pandemic.


  42. - Anyone Remember - Tuesday, May 26, 20 @ 1:27 pm:

    Still think committee work =could= be done remotely. And even if it is done in person, the masses could “attend” electronically, even giving testimony. NOTE: ilga.gov’s present configuration isn’t sufficient to do that.


  43. - Oswego Willy - Tuesday, May 26, 20 @ 1:40 pm:

    - Candy Dogood -

    You are very kind with a take. Far too kind, honestly, as others have made me far more thoughtful during this time.

    Those who could speak to all this far better than I ever could or will… they are busy doing… as I’m typing.

    They are silent… working 12 hour shifts, 6 days a week in ERs and have no time to discuss how to be thoughtful… or other first responders, and those doing all the other essential work, all of them… now worried what they are bringing home.


  44. - James - Tuesday, May 26, 20 @ 2:56 pm:

    I imagine the process of legislating and particularly lining up support for or against a bill involves a lot of one on one communication where eye contact and demeanor observation are necessary to reach agreement. This is less effective by zoom and even less so by phone.


  45. - Bigtwich - Tuesday, May 26, 20 @ 2:59 pm:

    ==State Rep. Tim Butler (R-Springfield), who represents the capital city, defended the Illinois constitution’s contention that the General Assembly’s meetings be held in the “seat of state government”==

    I do not see any such requirement in the Illinois Constitution. It does say the executives shall “maintain a residence at the seat of government” but no requirement on legislative meetings.


  46. - cermak_rd - Tuesday, May 26, 20 @ 4:41 pm:

    Color me cynical, but my take on the requirement that legislation take place in Springfield has to do with keeping the businesses in Springfield humming with business from the legislators and staff. I think that is also what leads to grumbling about whether the governor is or is not in residence too.


  47. - MyTwoCents - Tuesday, May 26, 20 @ 7:47 pm:

    Fighter of Foo, according to IDPH there have been 7,016 people under the age of 20 diagnosed with COVID. Now there’s only been 1 death, but it’s not like kids get away free and clear. Nationally hundreds have had serious complications:
    https://www.buzzfeednews.com/article/zahrahirji/kids-coronavirus-kawasaki-disease-rare

    Plus, they can still spread it, so you can’t just say kids have nothing to worry about because that’s overly simplistic.


  48. - Pundent - Tuesday, May 26, 20 @ 8:12 pm:

    You would have had to be living under a rock for 3 months not to understand how this virus is being spread by asymptomatic carriers. It’s what makes this so hard to contain. But whether it’s going to the beach, fishing, or travel baseball folks will create their own realities to rationalize their behaviors.


  49. - Chatham Resident - Tuesday, May 26, 20 @ 11:10 pm:

    ==Color me cynical, but my take on the requirement that legislation take place in Springfield has to do with keeping the businesses in Springfield humming with business from the legislators and staff. ==

    Don’t forget the lobbyists–both paid and unpaid (e.g., the bus groups). They help to keep the Springfield economy humming during session.


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