RICHMOND – The 2009 General Assembly session opened today with a partisan fight in the House of Delegates over the seating of a delegate and a prayer in the name of Jesus.

The legislature convened at noon to begin a 46-day session that will be dominated by a state budget crisis. But it took mere minutes for partisan friction to develop in the House, where Republicans blocked Democrats' efforts to seat the apparent winner of a Tuesday special election in Northern Virginia.

Democrats demanded that Charniele Herring of Alexandria be sworn in with two other new delegates today, one day after she won a 16-vote victory in a special election for the seat held by former Del. Brian Moran, who resigned last month to run for governor. The state Board of Elections certified Herring as the winner, but Republican candidate Joe Murray has formally requested a recount.

House Minority Leader Ward Armstrong, D-Henry County, argued that Herring should be seated because the Board of Elections had certified the results of Tuesday's election. Otherwise, Armstrong said, "that House of Delegates district will be without representation."

"If this doesn't fly in the face of the Constitution, I don't know what does," Armstrong said during a protracted floor debate.

House Majority Leader Morgan Griffith, R-Salem, argued that the seat should remain vacant until the recount in complete, saying, "there are enough question marks that the election does, in fact, hang in the balance."

"It is extremely important that we make sure that if someone is casting votes on this floor, they are in fact the elected representative," Griffith said.

Armstrong's bid to have Herring seated failed on a party-line vote of  53-41. Herring, who watched the proceedings from the back of the House chamber, expressed dismay over the outcome.

"There was a vote, it was a valid certification, and I should be seated," Herring told reporters.

Herring said she plans to remain in Richmond and follow the House proceedings until the fight over the vacant seat is resolved.

The opening day squabble on the House floor is an early indication of the tensions simmering in the Capitol as lawmakers confront a $2.9 billion state budget shortfall. Gov. Tim Kaine and lawmakers generally agree on the need for deep spending cuts, but Kaine's proposal to double the state's cigarette tax has received a hostile reception from Republican lawmakers and a less-than-enthusiastic response from some Democrats.

"It's going to be challenging, obviously," Kaine said as he greeted a delegation of House and Senate members sent to inform him that the General Assembly was organized.

Kaine will deliver his State of the Commonwealth address to a join session of the legislature at 7 p.m.

"Get ready for an amazing stem-winder," Kaine joked.

The House session opened with a prayer from Rev. Hashmel Turner, the Fredericksburg City Council member who waged a court battle over whether he could pray "in Jesus' name" at city council meetings. The 4th Circuit Court of Appeals ruled against Turner earlier the year and the U.S. Supreme Court declined to take the case this week. A similar controversy has developed around the invocation at Roanoke City Council meetings.

Turner's prayer "holy and blessed name of Jesus Christ" drew no unusual reaction in the chamber. House Speaker Bill Howell, R-Stafford County, invited Turner to deliver the opening prayer, but said he was not trying to make a statement. "He's just an old friend," Howell said.