Democrats voted 191 to 8 against the amendment, to leave the bill's language as a felony. During the spring of 2006, at the peak of the protest marches, Democrats used this felony aspect to rally protesters against the bill as a whole. This strategy is often referred to as a "poison pill".
In the spring of 2006, at the height of the protests, Democrats utilized the felony aspect of the bill to galvanize opposition to the entire measure by voting against an amendment that would have made it a felony.