State lawmakers convened in Little Rock on Monday for the 93rd General Assembly, with the cloud of the covid-19 pandemic and new worries over threats by extremist supporters of President Donald Trump looming over both chambers.
Red carnations pinned to lapels -- a tradition for the first day of session -- were ubiquitous around the state Capitol, as were masks, a new addition to the ceremonies.
Lawmakers seated at their desks in the House and Senate were separated by plexiglass barriers. Hallways, typically spots for mingling and conversation, had the addition of rope barriers to keep traffic moving.
Gallery: Arkansas General Assembly Day 1"I'm certain that when many of you began your campaign last year, you did not envision serving at a time such as this," House Speaker Matthew Shepherd, R-El Dorado, said in his opening speech. "A time when a disease demands our distance, and poisoned politics pushes us further apart."
Shepherd, who was first elected speaker in 2018, was unanimously reelected Monday without opposition. The Senate voted Jimmy Hickey, R-Texarkana, to serve as president pro tempore of the upper chamber after he defeated Sen. Bart Hester, R-Cave Springs, last year in an early election for the leadership post.
"If we were to start getting people sick, then we'll just have to adjust and do what we can do and go from there," Hickey told reporters.
In their first significant action of the new session, House lawmakers quickly addressed the disputed election of Democrat Ashley Hudson in House District 32, voting 96-1 to seat Hudson along with the 99 other elected members of the lower chamber.
The vote put to bed disputes over Hudson's 24-vote victory over former Rep. Jim Sorvillo, R-Little Rock, in the November election. Sorvillo argued that errors in the vote-tabulation process resulted in several disqualified ballots being counted and made the winner of the race impossible to determine.
Multiple courts and the Arkansas Claims Commission rejected Sorvillo's arguments, however, and his final hopes of throwing out the result rested with the House. He said last week that he would not lobby his fellow Republicans to refuse to seat Hudson.
"I felt like everybody came in here ready to move forward," Hudson said. "I'm ready to get to work."
On the Senate side of the Capitol, members approved new rules requiring that they wear masks, while voting down a measure that would have docked senators per diem if they flouted the mask requirement.
HUDSON SEATED
The House Republican caucus met in person Monday morning to discuss the claims regarding the District 32 election and to gauge support for any possible objections to seating Hudson, according to House Majority Leader Austin McCollum, R-Bentonville.
During the later floor session, however, no members of the majority voiced objections to seating Hudson.
"There was more discussion" at the caucus meeting, McCollum said. "Most of the conversation was about the negligence of the [Pulaski County Election Commission], mistakes that were made, because of the mistakes that were made, what that would mean in terms of an actual vote count [and] how much that would change from what margin to what."
Election officials admitted in November that a batch of 372 disqualified absentee ballots from across the county had been mistakenly mixed in with other ballots and counted, and that the number of erroneously counted ballots exceeded the margin of victory in two state House races: District 32 and District 38.
In District 38, state Rep. Carlton Wing, R-North Little Rock, won by a margin of just 16 votes, but his Democratic opponent, Matthew Stallings, chose not to contest the results.
"Ultimately, the conversation about that one was short, just because that one was not contested," McCollum said.
McCollum said House Republicans would seek to form a committee to look into new measures to "safeguard" future elections.
The lone Republican to vote against seating all 100 members was state Rep. Gayla Hendren McKenzie, R-Gravette. State Reps. Robin Lundstrum, R-Springdale, and Mary Bentley, R-Perryville, each voted present.
Afterward, all 100 members took the oath of office, administered by Arkansas Supreme Court Chief Justice Dan Kemp.
Outside the chamber later Monday, McKenzie said she believed that errors in the Pulaski County results necessitated a new election in Hudson's race and would have in Wing's race if his opponent had filed similar objections.
"If any person in that area had objected, whatever their party, they did not," McKenzie said. "But had they, I believe we should have afforded them ... afforded their voters in that district, assured them that we're doing the best we can."
In an interview after the House adjourned, Shepherd said Hudson being seated meant House membership had decided to abide by the decision of the Arkansas Claims Commission, though he said there's a lot of discussion among lawmakers about legislation to improve the process for future elections.
"It appears to me that there were certainly election issues in Pulaski County," he said. "I think election reform is going to be an issue in this session and something that I'm interested in pursuing. ... I think the focus is what can we do to improve the process so that hopefully we never find a House seat that's in question like this again."
Other priorities include education, tax policy, broadband access and redistricting, as well as ensuring that lawmakers stay safe during the pandemic, Shepherd said.
"First and foremost, the goal is to have an efficient and effective session that is as safe as possible for the membership, the staff and the public," he said.
FBI WARNING
The start of Arkansas' legislative session came five days after a mob supporting Trump broke into and ransacked the U.S. Capitol over the counting of Electoral College votes. The Associated Press reported Monday that the FBI, through an internal bulletin, is warning of armed protests at all 50 state capitals starting Saturday and leading up to President-elect Joe Biden's inauguration Jan. 20.
Kevin Niehaus, spokesman for the Arkansas secretary of state's office, said the State Capitol Police was aware of the FBI's alert and will be gathering and sharing information with other local law enforcement agencies.
"It's definitely something we're aware of and take very seriously," Niehaus said.
State Capitol Police had a few additional officers working Monday for the first day of session, Niehaus said, though he said the bolstered security was not in response to any specific threats. The Arkansas State Police was also authorized to station additional troopers at the Capitol, a spokesman said.
"I just think in general after what we saw last week, there's obviously a heightened sense of, you know, kind of just trying to be prepared as possible," he said.
Connor Hagan, spokesman for the FBI's Little Rock office, deferred comment to the bureau's national office.
"As always, if anyone knows of any potential for violence or violent actions to contact the FBI at 1-800-CALL-FBI," Hagan said. Tips can also be submitted to the bureau online.
MASK-WEARING
The Arkansas Senate on Monday approved temporary emergency procedures requiring senators, staffers and members of the public in the Senate's facilities to wear masks or other cloth face coverings over their mouths and noses under most circumstances.
People will be exempt from the mask mandate when speaking directly into the microphone, eating or drinking. People with certain medical conditions will also be exempt from the rule, as will those who are distanced 6 feet away from others.
In a divided voice vote, the Senate rejected adding even stricter rules that would penalize any senator who knowingly and purposely refused to wear a mask over nose, nostrils and mouth by making the member forfeit per diem pay for the day. That proposal was introduced by state Sen. Stephanie Flowers, D-Pine Bluff.
Flowers' proposal would have required senators to wear masks covering nose, nostrils and mouth at all times in the Senate chamber, an adjoining quiet room and areas immediately adjacent to the chamber, but it would have allowed senators to remove their masks while speaking from the Senate's podium, if the presiding officer granted permission for that.
Flowers' proposal said that if any senator knowingly and purposely refused to wear a mask over his or her nose, nostrils and mouth, then that refusal would "be reported to the presiding officer by any member receiving recognition."
Under Flowers' proposal, if the presiding officer determined that the senator was in noncompliance, then the presiding officer would "inform the member that he or she shall forfeit that day's per idem for the violation, subject to approval of the Senate."
"For a second and any additional violation, a member, in addition to the loss of per diem, shall be excluded from the next meeting of the Senate following the violation cited," the proposal said.
Lawmakers who live within 50 miles of the Capitol are paid a per diem of $55 a day, and those living more than 50 miles from the Capitol are paid a per diem of $151 a day, Senate Secretary/Director Ann Cornwell said afterward.
Flowers told senators, "We need ... something that would impress on senators the seriousness of wearing a mask and protecting their own health as well as the health of each other."
Her proposal stressed the importance of all senators wearing masks as Arkansas' number of deaths from covid-19 increases, she said.
"We should all be concerned. [Sen. Trent] Garner there ... has no mask on," Flowers said. "I think we need to be protected from one another."
Afterward, Garner, R-El Dorado, said he "took [his mask] off in protest of her draconian and silly" proposal, and he subsequently put his mask back on.
Sen. Alan Clark, R-Lonsdale, told senators that he is concerned about the health of all members but that he opposed Flowers' proposal.
He said he had "serious doubts that we can financially penalize members" and "more serious doubts that we should."
Clark said senators "were elected to come here and debate. ... And the idea, no matter how serious the pandemic is, that any one of [them] should be excluded from this room is an idea" that the Senate shouldn't approve.
Afterward, House spokeswoman Cecillea Pond-Mayo said the House Rules Committee on Wednesday is expected to consider temporary emergency procedures and committee rules similar to those approved by the Senate on Monday.
HICKEY'S ELECTION
The Senate formally elected Hickey to be the Senate president pro tempore, succeeding Sen. Jim Hendren, R-Sulphur Springs.
Hickey's elevation to Senate leader comes after two previous unsuccessful bids for the post. In brief remarks to the Senate, he thanked Hendren for serving the past two years as the Senate's leader, and legislative staffers for their work.
He told senators that he has repeatedly described them as "a salty group, for sure."
That's probably a solid understatement by him, Hickey said.
"But nothing in the world could be better than that," he said. "With too little salt, our constituencies believe we are too bland and wonder why government cannot do better. With too much salt, we dehydrate ourselves and our constituency to the point that we take away more than we can promise."
The key to balancing the salt is in the respect senators show each other, he said.
"And most importantly, that communication should be with the ones who you are less likely to communicate with," Hickey said. "It's just like I always say about campaigning. It is easy to campaign in places where you are liked. But success comes when you go to places where you are not liked."
Hickey appointed Sens. Ronald Caldwell, R-Wynne; Linda Chesterfield, D-Little Rock; Lance Eads, R-Springdale; and Bill Sample, R-Hot Springs, as assistant presidents pro tempore for the 93rd General Assembly. Kemp swore in Hickey as well as 17 other senators elected in November.
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