[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Page S2140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         ADDITIONAL STATEMENTS

                                 ______
                                 

               IMPEACHMENT VOTE OF SENATOR ARLEN SPECTER

 Mr. SPECTER. Mr. President, between the time I made my 
statement in the closed Senate deliberations on February 11th and the 
time I cast my vote on February 12th, I consulted with the 
Parliamentarian and examined the Senate precedents and found that if I 
voted simply ``not proven,'' that I would be marked on the voting roles 
as ``present.'' I also found that a response of ``present,'' and 
inferentially the equivalent of ``present,'' could be challenged and 
that I could be forced to cast a vote of ``yea'' or ``nay.''
  I noted the precedent on June 28, 1951, recorded on pages 7403 and 
7404 of the Congressional Record, when Senator Benton of Connecticut 
and Senator Lehman of New York voted ``present'' during a roll call 
vote. Senator Hickenlooper of Iowa challenged these votes and argued 
that a senator must vote either ``yea'' or ``nay'' unless the Senate 
votes to excuse the senator from voting. Senator Hickenlooper's 
challenge was upheld, and the Senate voted against excusing these 
Senators from voting by a vote of 39 to 35 in the case of Senator 
Lehman and a vote of 41 to 34 in the case of Senator Benton.
  I also noted the precedent on August 3, 1954, on page 13086 of the 
Congressional Record, when Senator Mansfield of Montana voted 
``present'' during a roll call vote. Senator Cordon of Oregon objected 
and asked that the Senate vote on whether Senator Mansfield should be 
excused from voting. By voice vote, the Senate voted against excusing 
Senator Mansfield from voting.
  In order to avoid the possibility that some Senator might challenge 
my vote, I decided to state on the Senate floor, ``not proven, 
therefore not guilty,'' when my name was called on the roll call votes 
on Article I and Article II of the Articles of Impeachment. That 
avoided the possibility of a challenge and also more accurately 
recorded my vote as ``not guilty'' since I did not wish to be recorded 
as merely ``present.'' 

                          ____________________