With less than two months of assuming their functions, the new State Legislature is already analyzing one of the main dilemmas they will need to resolve: how many lawmakers will be required to establish a qualified majority vote, the only one that allows for constitutional reforms.
According to law, matters to be addressed in the State Congress must be approved through either simple majority or qualified majority. For the latter, at least two-thirds of the 35 legislators are required. This amounts to approximately 23.3 votes, according to data from the Congress.
Simple majority approval is sufficient for secondary laws and other issues deemed non-essential or with minimal impact on the state and its population. However, the qualified majority vote applies to matters of greater importance and impact, such as institutional function and appointment of officials like the State’s Attorney General.
The law does not provide clear guidance on how to handle fractions in calculating the required number of votes for a qualified majority. “Nothing is written about it,” said Congress officials, who typically rely on internal guidelines established by the Legislature.
For example, the Senate has always rounded up fractional parts when calculating the required number of votes, regardless of their magnitude. In contrast, the Secretariat of Governance has traditionally suppressed fractions.
Given this ambiguity, the new Legislature will need to decide how to handle fractions and determine the minimum number of votes required for a qualified majority vote. This decision could have significant implications for future constitutional reforms and appointments.
The options are clear: either round up fractional parts, as the Senate does, which would require at least 24 votes; or suppress them, like the Secretariat of Governance, which would allow for a qualified majority with only 23 votes.
The choice is ultimately up to the new Legislature, which will assume office on September 1. The decision they make will have far-reaching implications for the state and its people.