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Tuesday, March 24, 2020

House Voting During Emergency

See the revised second-half syllabus:

Notably, the report — which was commissioned by Speaker Nancy Pelosi (D-Calif.) — suggests that remote voting is not a viable option at the moment. Remote voting would be “one of the biggest rule changes in the last century, in one of the most critical institutions in our country,” the report says. The idea of remote voting also faces significant logistical and legal challenges.
“Although off-the-shelf products exist to allow a Member to videoconference their vote, for example, they have not been tested under the sort of pressure they would face from enemy states or other bad actors trying to force the system offline or prevent individual Members from accessing it,” the report says. “Such a system has to be extensively tested, not used for the first time on must-pass legislation.”

House leadership needs to decide quickly how it will consider the Senate’s coronavirus legislation. Senate Minority Leader Chuck Schumer (D-N.Y.) said Monday evening that he would work through the night to hatch an agreement with the Trump administration.
Mobile voting is unpopular in both the Democratic and Republican leadership, but has gained in popularity in the rank and file. Just hours before the report came out, more than 70 Democrats sent a letter to McGovern pushing for a temporary change in House rules to allow members to vote remotely. The letter did not raise the idea of voting via unanimous consent or voice vote.
“Unfortunately, during such circumstances, requiring members to vote in person may pose public health risks or even be physically impossible for persons under quarantine,” the Democrats, led by California Rep. Katie Porter, wrote. “We need to provide a mechanism through which Congress can act during times of crisis without having to assemble in one place.”
The report suggests other options Democratic leaders have at their disposal. They can call lawmakers back and hold the vote open for an extended period of time. They can institute “paired” voting, which is a relatively complex system that allows lawmakers to hatch an agreement with another member. They can reset the quorum necessary to vote. Or they can, under the current rules, change the quorum.
The report does suggest one potential rule change: allowing proxy voting. In this scenario, a member would allow a colleague to vote on their behalf.
Voting by unanimous consent has its limits: all it would take is one of the current 430 House members to object to passing the bill unanimously to derail the vote and force a chunk of the chamber back to Washington. In addition, some lawmakers are worried about the optics of voting on the biggest recovery package in American history via voice vote.

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