On March 9, 2012, Del. Cowles (R-Hampshire) introduced a House Resolution expressing concern with state funding of abortion under the Panepinto decision.  Eighty-seven delegates voted for it, which shows just how meaningless the resolution was.  It has no force of law.  It does nothing to overturn Panepinto.  Everyone used it as a self-congratulatory vote just before elections come around.  A vote in favor is meaningless, but a vote against reveals some of the hardcore pro-abortion delegates.  Voting no ... T Campbell, Caputo, Doyle, Fleischauer, Hatfield, Lawrence, Mahan, Marshall, Morgan, Perdue.  House Resolution 40.  Roll call 313.  Three not voting.  Link to the text of the amendment, click  here.  Link to the roll call, click here.

In contrast, no delegate was willing to introduce Life Gauge's Joint Resolution, which does have the force of law in clarifying that the WV Constitution does not contain a right to abortion or a requirement to fund abortion.  They all like the symbolic votes that save babies; no one will push real legislation that challenges Panepinto.  The House of Delegates exhibits a complete lack of courage.

WVFL's bill was a pain bill.  Did not fly.

No votes I know of.  

No delegate willing to introduce the Constitutional Amendment: Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion.

On February 24, 2010, Delegate Tom Louisos, D-Fayette, moved to discharge the Constitutional Revision Committee, in order to bring HJR 10 to the floor for a vote.  HJR 10 is a Constitutional Amendment which reads, 

"Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion."  

Delegate Brent Boggs moved to place the motion on the Legislative Calendar, in order to kill it.  The Boggs motion passed, 64-34, which killed the amendment and Mr. Louisos's motion to vote on it.

Voting yes, against the babies, were these 64 delegates: Barker, Beach, Boggs, Brown, Butcher, Campbell, Cann, Caputo, Crosier, Doyle, Eldridge, Ennis, Ferro, Fleischauer, Fragale, Frazier, Givens, Guthrie, Hall, Hartman, Hatfield, Hutchins, Iaquinta, Klempa, Kominar, Lawrence, Longstreth, Mahan, Manchin, Manypenny, Marshall, Martin, Michael, Miley, Moore, Morgan, Paxton, Perdue, Perry, Pethtel, Phillips, Poling David, Poling Mary, Poore, Reynolds, Rodighiero, Skaff, Shook, Skaff, Smith, Staggers, Stephens, Stowers, Swartzmiller, Talbott, Thompson, Varner, Walker Terry, Wells, White, Williams, Wooton (Louisos and Romine by accident).

Voting no against the Boggs motion (and for the Louisos motion to bring the amendment directly to the floor for a vote) were thirty-four delegates:  Anderson, Andes, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Cowles, Duke, Ellem, Evans, Hamilton, Hunt, Ireland, Lane, McGeehan, Miller Carol, Miller John, Moye, Overington, Porter, Ross, Rowan, Schadler, Schoen, Shott, Sobonya, Spencer, Sumner, Susman, Walker David, Walters.

It should be noted that several delegates became confused and pushed the wrong button.  This happened because support for Mr. Louisos's motion was at first a yes vote (when he made it); the next moment support for Louisos meant a no vote (when Boggs moved to take it off the agenda).  The quick switch confused some delegates, including Mr. Louisos himself.  Louisos and Romine intended to vote for Louisos's motion and against Boggs's motion, but accidentally voted wrong.  Life Gauge is not holding that against them.  Mr. Louisos especially should expect congratulations for his willingness to make the motion.

Based on their records, Life Gauge concludes that delegates Hunt and Spencer intended to vote against Louisos and against the babies, but that they hit a button they did not mean to hit.  Hunt and Spencer are not assigned a recorded bad vote on this day, but they both have track records that show they vote against babies.

Democratic Delegates David Walker, Sally Susman and Ricky Moye voted in support of the Louisos motion.  Being Democrats, that was especially difficult, since the Democratic leadership hands out punishments to Democrats who vote for a discharge motion.  They deserve our gratitude and support.

Delegates Craig and Argento were absent.

Roll call #66.

WVFL pushed SB 597, which requires abortionists to show a woman seeking an abortion an ultrasound of the baby, if one has been made at the abortion clinic.  The impact of this bill will be to discourage abortionists from doing ultrasounds.  But it is in principle a bill to help babies, and a vote against it is a pro-abortion vote.  It passed the Senate Health committee, and the Senate Judiciary committee, and the full Senate (25-7).  It passed the House, 80-17 with three absent.  It was assigned to Delegate Perdue's Health committee.  Neither the Senate nor the House gets any praise for passing it.  Senators Kessler and Prezioso, chairmen of Judiciary and Health, both sponsored it and ushered it through their committees, because they are both up for election this year and they both kill numerous pro-life bills every year.  It's just a look-good thing, and is completely meaningless in terms of identifying senators who are truly willing to  help the babies.  Those who voted against it are definitely bad guys; those who voted for it are not necessarily anything.

SB 544, which would close a loophole that allows a minor who wants an abortion to avoid parental involvement, passed the Senate on Wednesday, February 28, 28-4-2 (roll call 14).  Voting against the bill were Senators Foster, McCabe, Wells, and Yoder.  Senators Bailey and Sharpe were absent.  2007 Senate Journal, Day 50.  

Instead of allowing either a judge or a doctor to grant a bypass, the law would allow only judges to do so.  Leading up to the vote, it was reported that in the last year for which there are records 14 minors received the bypass, 11 from judges and 3 from doctors.  

In the House, SB 544 was assigned to the Judiciary committee, where it died because chairwoman Webster refused to place it on the agenda.

SB 519, parental notification modification, was introduced in the Senate, where on March 1 it passed by a vote of 32-2, with Foster and McCabe voting no (roll call: RCS 202; seq 103)

On March 7, 2006, Delegate Tom Louisos, D-Fayette, made a motion on the House floor to discharge the Judiciary committee and bring a parental notification modification (SB 519) directly to the floor for an up-or-down vote.  The leadership in the House does not like discharge petitions, and they urged all Democrats to vote against Mr. Louisos' motion.  

The motion lost the vote, by a count of 62 no [Amores, Argento, Barker, Beach, Beane, Boggs, Brown, Browning, Butcher, Campbell, Cann, Caputo, Craig, Crosier, DeLong, Doyle, Eldridge, Ennis, Fragale, Hartman, Hatfield, Houston, Hrutkay, Hunt, Iaquinta, Kominar, Leach, Long, Longstreth, Kiss, Mahan, Manchin, Marshall, Martin, Michael, Moore, Morgan, Palumbo, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Spencer, Stalnaker, Staton, Stemple, Dale Stephens,  Swartzmiller, Tabb, Talbott, Rick Thompson, Ron Thompson, Varner, Webster, Wells, HK White, Williams, Wysong, Yost] . . . 

37 voted yes [Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke, Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Miley, Overington, Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Debbie Stevens, Sumner, Susman, Tansill, Trump, Tucker, Wakim, Walters, Gil White] . . . 

and 1 not voting [Ferrell].  

All Democrats voted against the motion, except Louisos, Miley, Frederick, Tucker and Susman (Ferrell not voting).  All 32 Republicans voted for the motion.  Del. Dale Stephens said afterward that he accidentally hit the wrong button, and that he intended to vote for the motion.

House Journal, 56th day, Tuesday March 7, 2006, pp 1182-1184.  Roll call 343.

SB 146, Unborn Victims of Violence Act.  Introduced in the Senate, passed 32-2 February 15, 2005, with Foster and McCabe voting no (roll call: seq 2/RCS 676).

In the House, motion for harmful amendment by Webster, Brown, Caputo, Hatfield, Morgan (Journal p 665).   This amendment failed.   

Motion for second harmful amendment by Webster, Amores, Brown, Caputo, Hatfield, Morgan.  

Thirty members rose to support it (no roll call).  

Webster, Talbott, Long, Proudfoot, Wells, Campbell, Hrutkay, Mahan, Palumbo, Amores, Morgan, Caputo, Manchin, Brown, Doyle, Hatfield requested to be recorded as yes votes on both amendments.  

Perdue, Spencer, Poling, Longstreth and Kiss requested to be recorded as a Yes vote on only the second amendment.

The original bill then passed the House by a vote of 81-17-2 not voting (roll call 125).  Amores, Brown, Campbell, Caputo, Doyle, Hatfield, Hrutkay, Hunt, Long, Longstreth, Mahan, Marshall, Morgan, Palumbo, Talbott, Webster and Wells were the no votes.  Ferrell and Leach not voting.  

House then voted 87-11-2 for bill to take effect July 1, 2005.  Amores, Brown, Campbell, Caputo, Doyle, Hatfield, Hrutkay, Hunt, Marshall, Talbott, Webster voting no.  Ferrell and Leach absent.

SB 566, The Victims of Unborn Violence Act, was introduced in the Senate February 19.  This date of introduction -- more than a month late -- guaranteed there would be no time to override the governor's expected veto.  The bill was referred to the Senate Judiciary Committee, where it passed.  First reading on the Senate floor was February 27, second reading March 1, and third reading March 2, when the bill passed by a unanimous floor vote (roll call 22).  

Introduced in the House on March 2 for the first reading, the bill was then referred to the House Judiciary Committee (Amores Chair).  

A strike and insert amendment was rejected, 15-9-1, on March 11.  Against the amendment: Kominar, Craig, DeLong, Pethtel, Overington, Stemple, Webb, Ellem, Thompson, Armstead, Schadler, Pino, Smirl, Faircloth.  For the amendment: Webster, Palumbo, Mahan, Hrutkay, Morgan, Fleischauer, Brown, Caputo, Amores.  Absent Coleman.  

A second amendment was adopted without a roll call vote.  The bill passed out of the Judiciary committee on March 11; it was up for second reading on March 11.  It was sent back to the Judiciary Committee for an amendment.  

On March 12 SB 566 came back to the floor, where the amendment was defeated, and the bill passed on third reading. The bill was sent to Governor Wise on March 22, and vetoed by him on March 24.  p://129.71.164.29

SB 170, Informed Consent, was introduced in the Senate, assigned to the Judiciary and Finance committees.  On February 24, 2003, it was passed by the full Senate, 30-2-2 (roll call 1), McCabe and Rowe voting no, Guills and Snyder absent.  (what is 2/3/03; roll call 95?)

In the House it was assigned to the Judiciary committee.  On February 21 the bill was passed by the full House (roll call 95).  The bill was sent to Governor Wise on February 27.  He did not sign it, but because he did not use his veto, it became law anyway on March 7.

SB 283, Informed Consent, was introduced in the Senate.  It passed the full Senate February 22, 2002 (roll call 8).  

It passed the full House on March 8 (roll call 250).  It was vetoed by Governor Wise on March 22, 2003.

SB 545, Informed Consent, originated in the Senate.  It was triple-referenced by Sen. President Tomblin, referred first to the Health committee, then to the Judiciary committee, then to the Finance committee.

The bill passed the Health committee by a voice vote.   (An observer said Sen Unger voted against the bill, a charge which he denied.)  Sen. Prezioso asked that it go directly to the floor.  After first reading on the floor, the bill was referred to the Judiciary committee on Tuesday, April 3.  The 2001 Judiciary committee records have disappeared since that time, without hope of recovery.  Because of this, there is no official record of the abortion-related votes in the Judiciary committee.

On April 5, 2001 (I remember Sen. Minard left the capitol before the second vote, and that it wasn't on a Friday, when that would seem more natural to leave and go home), the Judiciary committee voted on the bill, killing it 9-7.

Voting to kill the bill:  Wooton, Snyder, Fanning, Caldwell, Hunter, Burnett, Mitchell, Redd, Rowe.  (Only Fanning and Hunter still serve in the legislature; and Snyder was re-elected in 2008.)  Nine against.

Voting to pass the bill:  McKenzie, Ross, Oliverio, Facemyer, Deem, Kessler, Minard.  Seven in support.

A motion to reconsider (Ross?) failed later in the day, with the vote tally 9-6 with one absent.  Senator Minard did not attend the second vote.