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The House of Representatives is taking a key step toward allowing members to vote remotely amid the coronavirus pandemic, with a powerful Democratic chairman recommending a temporary change that would allow lawmakers to let other members vote on their behalf and at their direction if they cannot appear in person.
The recommendation by House Rules Committee Chairman Jim McGovern, delivered to members on a Democratic caucus call Thursday afternoon, could set the stage for a historic change in the procedures of the chamber — but it would require wide support from both parties to approve with members away from Washington.
After studying the issue and consulting with lawmakers for several weeks, McGovern told lawmakers the House should allow members to vote "by proxy."
That means lawmakers would choose another member who would appear in person and vote on his or her behalf. Doing so would significantly reduce the number of members present in the chamber during a vote and allow members who are unable or unwilling to travel across the country to still cast a vote.
"This is an extraordinary set of circumstances that we find ourselves in," McGovern, a Massachusetts Democrat, told CNN in an interview Thursday. "We need to function during these difficult times."
McGovern's proposal amounts to a middle ground between those who don't want any changes to House procedures and others who want full-on remote deliberations, with video technology and the ability to cast votes themselves from wherever they are.
Democratic leaders have expressed security concerns about remote work. Proxy voting would sidestep those qualms. Under the proposal, if members can't appear in the Capitol, they would provide a "specific instruction" to another House lawmaker to cast the vote in the chamber on their behalf.
"A Member casting a vote on behalf of another Member would be required to have exact direction from that Member on how to vote and would have to follow that direction," McGovern said in a statement about his recommendation.
McGovern told CNN the "temporary" change would occur for a "finite" period of time under "very, very strict" circumstances like the current pandemic -- and would not amount to a permanent change in procedures.
He said he has been consulting with House Speaker Nancy Pelosi, who has been open to the proposal. To enact the change, Pelosi would have to reach a deal with House Minority Leader Kevin McCarthy to ensure the rules change could be implemented by unanimous consent or voice vote, without members having to come back to Washington approve it in person.
"I think we're at a point now we have to talk about how we function in the face of a pandemic," McGovern said.
Since the pandemic began, House leaders have attempted to conduct business through unanimous consent or voice vote — procedures commonly used to accelerate the passage of uncontroversial legislation. Approving legislation by unanimous consent would allow most members to remain at home, but it is a fragile strategy -- any one member can object to the process.
That happened last month when Republican Rep. Thomas Massie of Kentucky demanded a recorded vote on the historic $2.2 trillion coronavirus stimulus legislation, forcing more than 216 members to return to Washington during the public health crisis simply to deny his effort and approve the measure by voice vote.
Massie has said in recent days that he would take the same course again if congressional leaders attempt to pass the next response bill without calling members to the Capitol. He has advocated for a remote voting option that would keep members accountable without having to travel.
"We need to change this so that people don't have an excuse for not being accountable," he said of remote voting on Fox Business last week.
Pelosi has faced growing calls from lawmakers about allowing the chamber to vote remotely, amid fears from members that they could be exposed to the disease by traveling back to Washington. She has consistently pointed to the review being conducted by McGovern before deciding which direction to go.
Pelosi said during a press conference earlier Thursday that McGovern will be presenting a "status report" on voting options during a House Democratic caucus call.
"Whether it's by proxy voting or remote voting or whatever it is, when we are ready, we will do it," she said.
"We don't know how long this pandemic will threaten public health, or how long state stay at home orders will last," McGovern wrote in his statement. "We all know, though, that Congress needs to be working, whether in person, remotely, or both. We should not wait for this pandemic to end to make changes to the rules that help us to do our jobs in such an unprecedented time."
This story has been updated with additional developments Thursday.
Источник: https://edition.cnn.com/2020/04/16/politics/proxy-voting-house-of-representatives/index.html (16.04.20)
Legal terms
The House of Representatives - the name given to the legislative body of the United States Government whose members are elected every 2 years.
Democratic chairman - In the United States Congress, Democratic Caucus Chairman can refer to:
The Democratic Conference Chairman of the United States Senate (who is also concurrently the party floor leader)
The Democratic Caucus Chairman of the United States House of Representatives
Lawmaker – 1) someone, often a politician, who writes and enacts laws; 2) a legislator (or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people of the state.
To vote - Suffrage; the expression of his will, preference, or choice, formally mani- fested by a member of a legislative or deliberative body, or of a constituency or a body of qualified electors, in regard to the decision to be made by the body as a whole upon any proposed measure or proceeding, or the selection of an officer or representative .House Rules Committee - the Committee on Rules, or more commonly, the Rules Committee, is a committee of the United States House of Representatives. It is responsible for the rules under which bills will be presented to the House of Representatives, unlike other committees, which often deal with a specific area of policy.
The House Democratic Caucus is a congressional caucus composed of all Democratic Representatives in the United States House of Representatives and is responsible for nominating and electing the Democratic Party leadership in the chamber.
Procedure – 1) The methods by which legal rights are enforced; the specific machinery for carrying on a lawsuit, including process, the pleadings, rules of evidence, and rules of Civil Procedure or Criminal Procedure. 2) The form, manner, and order of steps taken in conducting a lawsuit are all regulated by procedural law, which regulates how the law will be administered. Substantive Law creates and defines rights that exist under the law.
Press conference - An interview held for news reporters by a political figure or famous person. Also called news conference.
Congress is the federal legislature of the USA comprising two chambers: the Senate, made up of Senators, and the House of Representatives, made up of Representatives, or Congressmen and Congresswomen. The Congress represents the states. The Senators are elected on a state-wide basis and the Representatives on a district-wide basis. Legislative powers cover inter alia interstate and foreign commerce, federal tax, currency, the post, declarations of war, much commercial law and the establishment of the armed forces. So-called general clauses have allowed Congress, with the decisions of the Supreme Court, to be active in other areas. Statutes are passed by simple majority of both houses.
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