Obama’s vote in Illinois was often just ‘present’

By Raymond Hernandez and Christopher Drew

updated 1:26 a.m. ET Dec. 20, 2007

In 1999, Barack Obama was faced with a difficult vote in the Illinois legislature — to support a bill that would let some juveniles be tried as adults, a position that risked drawing fire from African-Americans, or to oppose it, possibly undermining his image as a tough-on-crime moderate.

In the end, Mr. Obama chose neither to vote for nor against the bill. He voted “present,” effectively sidestepping the issue, an option he invoked nearly 130 times as a state senator.

Sometimes the “present’ votes were in line with instructions from Democratic leaders or because he objected to provisions in bills that he might otherwise support. At other times, Mr. Obama voted present on questions that had overwhelming bipartisan support. In at least a few cases, the issue was politically sensitive.

The record has become an issue on the presidential campaign trail, as Senator Hillary Rodham Clinton of New York, his chief rival for the Democratic nomination, has seized on the present votes he cast on a series of anti-abortion bills to portray Mr. Obama as a “talker” rather than a “doer.”

Although a present vote is not unusual in Illinois, Mr. Obama’s use of it is being raised as he tries to distinguish himself as a leader who will take on the tough issues, even if it means telling people the “hard truths” they do not want to hear.

Mr. Obama’s aides and some allies dispute the characterization that a present vote is tantamount to ducking an issue. They said Mr. Obama cast 4,000 votes in the Illinois Senate and used the present vote to protest bills that he believed had been drafted unconstitutionally or as part of a broader legislative strategy.

“No politically motivated attacks in the 11th hour of a closely contested campaign can erase a record of leadership and courage,” said Bill Burton, Mr. Obama’s spokesman.

An examination of Illinois records shows at least 36 times when Mr. Obama was either the only state senator to vote present or was part of a group of six or fewer to vote that way.

In more than 50 votes, he seemed to be acting in concert with other Democrats as part of a strategy.

For a juvenile-justice bill, lobbyists and fellow lawmakers say, a political calculus could have been behind Mr. Obama’s present vote. On other measures like the anti-abortion bills, which Republicans proposed, Mr. Obama voted present to help more vulnerable Democrats under pressure to cast “no” votes.

In other cases, Mr. Obama’s present votes stood out among widespread support as he tried to use them to register legal and other objections to parts of the bills.

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In Illinois, political experts say voting present is a relatively common way for lawmakers to express disapproval of a measure. It can at times help avoid running the risks of voting no, they add.

“If you are worried about your next election, the present vote gives you political cover,” said Kent D. Redfield, a professor of political studies at the University of Illinois at Springfield. “This is an option that does not exist in every state and reflects Illinois political culture.”

The vote on the juvenile-justice bill appears to be a case when Mr. Obama, who represented a racially mixed district on the South Side of Chicago, faced pressure. It also occurred about six months before he announced an ultimately unsuccessful campaign against a popular black congressman, Bobby L. Rush.

State Senator Christine Radogno, a Republican, was a co-sponsor of the bill to let children as young as 15 be prosecuted as adults if charged with committing a crime with a firearm on or near school grounds.

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