The West Virginia Democratic Party issued a statement Tuesday afternoon sharply criticizing Senate Republican leadership for suspending Senate rules to pass Senate Bill 474. The bill would put an end to statewide diversity, equity, and inclusion initiatives (DEI).
The criticism stems from Sen. Eric Tarr’s (R-Putnam) motion to suspend Joint Rule 3 and bypass proposed amendments. Sen. Joey Garcia (D-Marion) had proposed 15 different amendments to the bill.
Democrats point out that a suspension of rules requires a two-thirds roll call vote and concurrence from the House of Delegates—neither of which occurred Saturday night.
“I believe there is, technically, a legal flaw in how that bill was passed,” Garcia told WVPB Saturday night. “The rules were not followed.”
With the clock ticking down to midnight, the Senate suspended its rules after several hours of debate on the bill in the House of Delegates.
Democrats also chastised Senate President Randy Smith, R-Preston, for claiming ignorance about the procedure’s legality, specifically stating that the question was “above his pay grade.”
In the statement, West Virginia Democratic Party Chair Del. Mike Pushkin, D-Kanawha, stated that Smith “didn’t just neglect his duties; he actively abdicated his responsibility.”
“The Senate President is the Senate’s presiding officer. Pushkin stated that it is literally his job to ensure that rules and procedures are followed correctly.
The West Virginia Democratic Party is calling for the reversal of the anti-DEI bill until proper legislative procedures and transparent debate can take place.
