In the veto session Wednesday, House Speaker Gaye Symington, D-Jericho, cast votes on both the energy and campaign finance override questions even though she was presiding. That was surprising.

Under House rules, the speaker votes only in the event of a tie or to create a tie. Or she steps down and has someone else preside so she can vote. Then the person presiding gives up his or her chance to vote.

Donald Milne, clerk of the House, explained today that the state constitution sets out the procedure for override votes and that trumps House rules. It says that a 2/3 majority of members present is required to override a veto. Since the speaker is a member, the tally of members present includes the speaker. And since the speaker was counted to determine how many votes were needed to override the two bills, Milne concluded her vote should count, too.

"I felt, and others agreed, that she is not only entitled to vote but obligated to vote," Milne said.

The override vote on the campaign finance bill fell short by a single vote, with one Democrat joinng the Republican caucus to support the governor's veto and three Democrats absent. It would have been a two-vote loss without Symington's vote. Democratic leaders say the three absent lawmakers support campaign reform, so they predict passage of a comparable bill next winter and say they will have enough votes to sustain a veto -- should Gov. Jim Douglas again reject the measure. On any vote to pass to the bill, however, Symington wouldn't be voting.

-- Nancy Remsen