Does the New Mexico Legislature need the same computer-generated time stamp on its legislation that Texas has? And, if it had such technology, would the corporate tax cut bill passed this session have been deemed illegal?

The Texas Legislature was the site of some amazing theatrics last week as a senator sought to run the clock out on a special session before a final vote could be taken on a bill to restrict abortions. To do so, she would have to hold the floor for more than 12 hours, until midnight.

That may sound easier than it was.

In Texas, the filibuster is a bit like one of those old radio contests where the last person standing with their hand on the car wins. Lawmakers wishing to to filibuster a bill must be willing to risk soiling themselves if necessary. Bathroom breaks aren't allowed.

Nor are they allowed to sit down, rest against the podium, stray off topic or get any assistance. Three violations mean the filibuster is over. Sen. Wendy Davis made it to about 11:30 p.m. before being called for a third strike. And that's when things got interesting.

With a packed gallery taking up the cause for Davis, Lt. Gov. David Dewhurst tried to take a vote. He announced just after midnight that the vote had been taken in time and the bill passed 19-10. But when Democrats produced photographic evidence that the vote came too late and the time stamp on the bill had been changed, Dewhurst retreated to chambers to huddle with his Republican colleagues. Three hours later they emerged, with Dewhurst still insisting that the vote was valid, but saying the bill was dead because it couldn't be signed "in the presence of the Senate."

Anything to save face, I guess.

But it does seem clear that if not for the time stamp, the vote would have been upheld.

There is no computer time stamp to show when the final House vote was taken on HB 641. But numerous reporters covering the Legislature, including our Santa Fe Bureau reporter Milan Simonich, all said the vote came after the noon deadline. So did a number of legislators.

The New Mexico Legislature starts and ends each year at noon. The Constitution mandates that bills be passed before the clock strikes noon on the final day. But, this wouldn't be the first time they fudged a bit in the closing minutes.

In the four years that I covered the Legislature, there was at least once when the Senate went several minutes past noon. There were no objections, as the bills that were being run through were all pretty routine. They had just stacked up, and the floor leader obviously had two or three more bills he wanted to get through, and so he did.

The final minutes of a session are pretty chaotic, as people not normally allowed on the floor start to trickle down for final hugs and handshakes before leaving town. Reporters, anxious for the final gavel to fall at the end of what always seems like a long session, may keep a close eye on the clock. But if the House speaker or Senate floor leader want to go a few minutes long, there's not much to stop them.

Filibusters — real ones, not what passes for a filibuster in the U.S. Senate these days — have become trendy. Rand Paul got a bump in the polls when he took the Senate floor questioning the nation's drone program. Davis has become the darling of the Pro Choice movement.

There is something noble about one person in the minority standing up to the establishment. But any victories tend to be short-lived. If there are 29 members of the Senate, and 19 of them want to pass a bill, you may be able to delay it, but it's much more difficult to actually stop it.

Paul's gabfest made no impact on the drone program. We'll see if the national attention attracted by Davis is enough to dissuade Texas Republicans on the abortion bill.
