One House two speakers.

• Author: Ralston, Jon
• Position: Nevada Assembly - Includes related articles

WHEN THE NEVADA HOUSE ENDED UP IN A TIE LAST NOVEMBER, HARDLY ANYONE EXPECTED THE SMOOTH SESSION THAT FOLLOWED.

In the weeks leading up to Election Day 1994, Republican leaders in the Nevada Assembly privately conceded that they would surely be in the minority for the fifth consecutive session.

The Democrats had 29 of the 42 seats, an insurmountable lead, they acknowledged. A five- or six-seat gain was the best-case scenario, they lamented.

And then it happened. As Election Day slipped into the day after, as the final returns trickled in, the miracle scenario had occurred, thanks in part to the national Republican wave. When Reno Republican Thomas Batten surfed ahead of Democrat Ken Haller and eked out a 116-vote victory, the final tally was shocking and unprecedented: a 21-21 tie including 19 freshmen.

Republicans, who had been backbenchers since they last controlled the lower house in 1985, were ecstatic. Half a loaf was like manna from heaven to the starving elephants. Democrats, suddenly aware that they had to share the fruits of victory, had an empty feeling in the pit of their collective stomach.

If the election outcome was stunning, though, what happened during the interregnum until the biennial Legislature commenced in mid-January was as fascinating a political drama as this state has ever seen. And that two-month period, replete with partisan maneuvering and escalating rancor, could not have presaged what has come to pass during the session itself: cooperation and collegiality as unprecedented as the tie.

POWER SHARING WORKS

A power-sharing agreement that added the prefix "co" to leadership titles and committee chairmen alike has worked better than anyone could have imagined. This is a state where the differences always have been less partisan than regional, with north/south battles often proving the most divisive. But even veterans have been astounded by the cooperation. "I'm surprised it has worked as well as it has," said longtime lobbyist Bob Barengo, a former Assembly speaker himself.

The bipartisan handshake has been easier to sustain because of the lack of contentious issues in a "no new taxes, no real changes" Carson City ethos. There have been more fissures within the party caucuses than between them. "They haven't had any real tough issues," said Fred Hillerby, a lobbyist for hospitals and other medical concerns. "Under pressure, we don't know what will happen."

Granted, the session at this writing remains three weeks or so from adjournment. But while the deadlock may have altered lobbying techniques and necessitated caution, it also has fostered a cooperative work ethic that has made the proceedings relatively boring to watch, but potentially productive.

Considering the run-up to the session, the cooperative spirit is even more surprising. Fourteen of the 21 Republicans are freshmen, so the GOP caucus was ripe for chaos. The Democrats have too many returnees for the number of committee baubles likely to be available, another prescription for internal strife. Emissaries from each party began meeting the day after the election, trying to arrive at a compromise. Every permutation was put on the table sooner or later. For instance, one party would get the speakership, another the powerful Ways and Means chairmanship. Co-chairmanships, co-speakerships were discussed. Each side angled for the best deal, but no agreement was reached.

And then, two days before Thanksgiving, the deadline for filing election contests, the entire negotiation was thrown into disarray. Republican challenger Kathy Von Tobel contested her 123-vote loss to Democratic incumbent Chris Giunchigliani, alleging a slew of irregularities. (Libertarian Brendan Trainor, who received only 193 votes, also contested his loss to Democrat Jan Evans, but his was considered frivolous and generally ignored.)

Although it became clear later that the GOP hierarchy was as surprised as everyone else by Von Tobel's contest, the Republicans moved quickly to exploit it. They claimed that Giunchigliani could not be seated until the contest was resolved, giving the GOP a 21-20 majority. By the Monday after Thanksgiving, they named a leadership slate and committee chairmen. The bargaining atmosphere suddenly changed.

The Democrats complained to the media and threatened a lawsuit, saying the Republicans were acting illegally. But the GOP held firm. Until, that is, they began to discover that Von Tobel had amassed very little evidence and was unlikely to be successful in her challenge; it was to go before a special 10-member committee on the first day of the session, on Jan. 17.

By the weekend before the Legislature was due to convene, the Republicans agreed to a power-sharing plan including co-leadership positions and co-committee chairmanships in exchange for the Democrats' agreement to only one new rule: Tie votes in committee will go to the floor. In all of the negotiations, this was the Republicans' one hill to die for...