Absent, or not voting? Both method, legislators’ missed votes rely as a no

Assemblymember Sabrina Cervantesa Democrat from Corona who’s operating for state Senate, missed about two-thirds of her votes this yr — 1,647 of two,510 voting alternatives she had primarily based on her committee assignments and ground classes.

Typically, the missed votes got here from two “excused” absences throughout busy occasions of the yr — as soon as for a demise in her household, and as soon as because of sickness after attending the Democratic Nationwide Conference in August, based on her employees.

Six different legislators missed greater than 1 / 4 of their votes this yr, most involving excused absences for sickness or household issues, based on an evaluation of voting knowledge from CalMatters’ Digital Democracy.

In relation to voting on payments, nonetheless, the California Legislature doesn’t distinguish between a lawmaker who’s absent — excused or not — and a legislator who’s current however doesn’t vote. All of them rely the identical as a legislator who casts a “no” vote, however they’re categorized as: “No Vote Recorded” or NVR.

Sean McMorris, a program supervisor for California Widespread Trigger, mentioned the dearth of transparency round absences versus abstentions can feed mistrust.

“I think people are naturally skeptical about politics and politicians, so when you have things like this … it just reinforces that narrative,” he mentioned. “Unfortunately, whether there’s ill intent or not, that’s probably what the public is going to assume.”

In a Legislature with a supermajority of Democrats who nearly at all times vote “yes,” there are few shut votes the place a person will sway the result. However Digital Democracy knowledge exhibits 45 payments that died within the present two-year legislative session as a result of NVRs had been counted as “no.” And at sure occasions, similar to through the Democratic Nationwide Conference when 21 legislators missed votes throughout a busy week, legislators say it could actually make a distinction.

Meeting Speaker Robert Rivas and Senate President Professional Tem Mike McGuire each declined interviews with CalMatters to debate considerations about the best way absences or abstentions are recorded and counted. However others instructed the foundations is likely to be modified.

“Anything that can be part of a conversation that helps with transparency and boldness of disclosure for the viewing public, I think is certainly appropriate,” mentioned Assemblymember Chris Holdena Democrat from Pasadena.

Lorena Gonzalez, a former Assemblymember who now heads the California Labor Federation, mentioned the dearth of readability round why individuals didn’t vote could make it tough for her group to rank legislators primarily based on its priorities.

Cervantes, as an illustration, earned a 100% rating from the federation in 2023, however missed eight votes on 12 of the group’s precedence payments this yr. Gonzalez mentioned she has little question about Cervantes’ help of labor.

However for others, Gonzalez mentioned the uncertainty can require going to every legislator to verify the place they stand: “Abstain, absent, truly absent, excused absence, unexcused absence, and just sitting at your frickin’ desk and choosing not to vote …. I don’t think there’s any transparency for constituents.”

Legislative insurance policies for votes and absences in different states aren’t tracked, however there are some with variations.

In Coloradofor instance, absent members’ votes are recorded individually from these abstaining, however they nonetheless rely as “no” votes. And in Hawaii, there’s an choice to vote as “yes with reservations,” which counts as a sure vote.

Behind the no-vote charges

Whereas California’s Legislature is in session for about seven months annually, most necessary votes on payments occur round a couple of key deadlines: the “house of origin” deadline in late spring, when a invoice should move from the chamber the place it was launched, and the final week of the session earlier than the Legislature adjourns in August or September. Throughout these occasions, legislators might be requested to solid greater than 200 votes in a single day.

It explains why Cervantes missed extra votes than every other legislator, however she ranked fourth within the variety of days she was absent. Assemblymember Megan Dahlea Republican from Redding, was absent for 86 days because of a stroke she suffered in January, greater than twice as many absences as Cervantes. However Cervantes missed 441 extra votes than Dahle.

This yr, there have been seven legislators who missed greater than 1 / 4 of their alternatives to vote, a quantity that will depend on their committee assignments. Most had been absent for medical causes. The seven legislators — 4 Democrats and three Republicans — all serve within the Meeting:

• Dahl was out from January to early June recovering from her stroke. She missed 1,206 votes, or 54% of voting alternatives.
• Visalia Republican Devon Mathis was out 55 days from April to July because of a “severe” hand damage for which he was briefly hospitalized, based on his workplace. However he did do some work in his district through the absence. He missed 1,389 votes, or 56%.
• Hayward Democrat Liz Ortega was out for 10 days over the last two weeks of the session because of gallbladder surgical procedure. She missed 893 votes, or 36%.
• Holden missed 529 votes when he was excused for 4 days in Could as a result of sickness of a member of the family. He missed a complete of 704 votes this yr, or 28%.
• Arleta Democrat Luz Rivas missed 367 votes when she was out because of COVID for 4 days in Could. She missed a complete of 661 votes this yr, or 29%.
• Assemblymember Invoice Essaylia Republican from Corona, missed 777 voting alternatives, or 30%.

CalMatters contacted all seven legislative workplaces, however all besides Essayli declined interviews and extra particulars for this story.

Legislators aren’t allowed to vote remotely — a coverage that garnered nationwide consideration in 2020 when Assemblymember Buffy Wicksa Democrat from Oakland, introduced her then-newborn to the Capitol after being denied a distant possibility. Absent legislators are additionally not permitted to have a employees member or one other legislator vote on their behalf.

The principles additionally say there isn’t a distinction between an absence or an “excused” absence with regards to laws and the way that legislator’s non-vote is recorded. If an Assemblymember requests an “excused” absence from the speaker’s workplace, nonetheless, they’ll proceed to gather their per diem of $214 per day. The per diem, supplied along with every legislator’s $128,215 annual wage, is meant to pay for journey and lodging bills in Sacramento when the Legislature is in session – which is normally Monday to Thursday.

The one public report of an excused absence is recorded within the “Daily Journal” printed in print and PDF by the clerk’s workplace in every chamber. The Senate and Meeting clerk’s workplaces declined to offer an entire report of this yr’s excused absences, so CalMatters examined the entire each day journals for 2024.

If legislators are out for private enterprise or fail to request an excused absence, they waive their proper to a per diem.

Private enterprise this yr included a visit to Chicago for 21 lawmakers to attend the Democratic Nationwide Conference — seven senators, and 14 Assemblymembers — which fell through the second-to-last-week of the session. Members skipped the primary couple of days of the conference, arriving forward of Vice President Kamala Harris’ acceptance speech Thursday so they’d solely miss two days of voting.

Nonetheless, on these two days, every senator missed 68 votes, and every Assemblymember 53.

Sen. Dave Cortesea Democrat from Campbell, mentioned these absences might have made a distinction for a controversial invoice about legal sentences that he was struggling to move after it was rejected earlier within the yr. If the lacking legislators had been current, he mentioned there might need been extra consideration given to amendments he added to resolve the considerations.

No-votes as political instruments

Not the entire legislators who missed essentially the most votes had been absent. Essayli missed 30% of his vote alternatives as a result of, in some circumstances, he mentioned he declines to vote even when he’s current “as a form of social politeness” to keep away from upsetting a invoice writer.

On the whole, although, he mentioned he additionally doesn’t assume each invoice deserves a “yes” or “no” vote.

“It’s not practical to sit there and record a vote on necessarily every single bill when most of them are not of consequence,” he mentioned.

McMorris, from Widespread Trigger, mentioned not voting is comprehensible if a member doesn’t agree with a invoice, however needs to remain in good standing with colleagues — “because they’re going to be voting on your bills, too,” he mentioned. Some lawmakers may abstain as a result of they’re ready to see amendments to a invoice.

“But if you’re looking at it purely from a constituent’s perspective, members of the public are probably wondering, why don’t you just vote based on your principles, your values and the wants and needs of your constituents? Because that’s what we put you in there to do.”

Assemblymember Corey Jacksona Democrat from Moreno Valley, agrees.

Jackson, who abstained in about 2.5% of his votes, mentioned a transparent “yes” or “no”  vote is required to resolve the challenges California faces on homelessness, gasoline costs and value of residing points — no matter whether or not which may upset lobbyists or colleagues.

“The reason why many times that these issues aren’t being addressed is because we’re afraid to make people upset,” he mentioned. “In order to solve the toughest issues, you’re going to make people be upset, whether you vote for it or against it. But we have to solve these issues.”