Republican Representative Anna Paulina Luna has filed a discharge petition (with 11 other Republicans) to force the GOP Leadership to vote on a Democrat Resolution that will allow proxy (remote) voting for 12 weeks for any Member if they or their spouse gives birth. This means that for three months, the Representative is allowed to have another Member vote for them both in Committee and on the Floor.
This sets a dangerous precedent. We believe proxy voting is unconstitutional and dangerous to the integrity of the Congressional process regardless of circumstances.
Nancy Pelosi instituted proxy voting in the House for the first time in its history in May 2020. Republicans opposed it and repealed the practice when they gained the majority in January 2023.
According to the Congressional Institute, “legislatures are peculiarly relationship-driven organizations. The very word ‘congress’ means ‘the act or action of coming together.’ It thrives when Members and staff have strong bonds with each other. Conversely, when Members are unable or unwilling to work with each other, whether it is within a party or across the aisle, legislative muscles atrophy, and the institution suffers.”
Members of Congress occasionally miss votes for various reasons including family commitments and health issues (for themselves or other family members). It is unfair that one category of absence is given special privileges over others. If proxy voting is allowed for a Representative whose spouse gives birth but not for that Member’s own cancer treatments or following the adoption of a child, how is that fair? Once the door is opened to proxy voting, it will likely be impossible to place limits on it. We believe that the voters in each Member’s district are competent to evaluate the reasons for missed votes and respond at the ballot box.
Not only is it unfair, but we believe it is also unconstitutional. In the case of U.S. v. Ballin 1892, the Supreme Court ruled that the Constitution requires, “the presence of a majority, and when that majority is present, the power of the House arrives.” Our founders rejected the idea of proxy voting during the consideration of both the Articles of Confederation and at the Constitutional Convention of 1787. In-person voting was maintained uninterrupted through pandemics, wars, and terrorist attacks — until the 2020 COVID pandemic. In a case (Texas v. Garland ) regarding the passage of the two laws by proxy voting during COVID, the Fifth Circuit held that proxy voting violates the Quorum Clause of the Constitution.
Leadership attempted to thwart the Discharge Petition by including language to stop it in the Rule that would have allowed the SAVE Act and other legislation to be voted on this week. Unfortunately, the Rule failed on the floor and there will be no votes until Monday, April 7th — including on the SAVE Act.
These nine Republicans joined the Democrats in voting against the rule — to force a vote on the Proxy Voting discharge petition: Burchett (TN), Kiley (CA), LaLota (NY), Lawler (NY), Luna (FL), McKenzie (PA), Miller (OH), Stuebe (FL), and Van Drew (NJ).
The following Republicans have signed the discharge petition and should be encouraged to remove their names from this dangerous bill: Luna (FL), McCormick (GA), Van Drew (NJ), Lawler (NY), David Joyce (OH), Rulli (OH), Meuser (PA), Burchett (TN), Ogles (TN), Crenshaw (TX), Hunt (TX), and Byron Donalds (TX).
Please contact your Representative and urge them to vote NO on the discharge petition (H. Res. 164) that will force a vote on H. Res. 23 on proxy voting. The vote could come as early as Monday.
