As millions of Americans moved to virtual work in the early days of the COVID-19 pandemic, so too did members of the U.S. House of Representatives. The move was designed to allow lawmakers to continue working on behalf of their constituents without putting Capitol staff or other lawmakers at risk from the virus. However, some in Congress now say that the danger has passed and that it’s time to lift proxy voting rules, saying it hinders the legislative process.
While the Senate continued to require members to show up in person throughout the pandemic, the House passed a temporary resolution in May 2020 allowing for proxy voting and virtual committee work, citing the public health emergency. The resolution has been extended every 45 days by House Speaker Nancy Pelosi (D-Calif.) and most recently was extended to expire on June 28, 2022. After two years of proxy voting and decreasing COVID-19 case numbers, the proxy voting rule has come under increasing scrutiny.
Some lawmakers, however, say there are merits to continuing the policy even after the pandemic has waned. For example, proponents say that it allows for more inclusivity, enabling members to cast important votes or participate in hearings without making the trip to Washington, D.C. That could allow members to attend to matters in their districts or deal with personal issues even while the House is in session.
“I want everybody to be able to participate,” House Rules Committee Chairman Jim McGovern (D-Mass.) said during a March 2022 Rules Committee hearing on proxy voting.
An analysis by CQ Roll Call suggests that proxy voting may have contributed to greater participation among House members. The analysis found that in 2021, 204 Democrats and 147 Republicans designated a voting proxy, leading to roughly 17,300 votes, the highest voting participation since 1953.
Rep. Veronica Escobar (D-Texas) told the committee that she remembered praying that her son’s graduation date would not fall on a day when she was scheduled to be on Capitol Hill. Rep. Linda T. Sánchez (D-Calif.) told the committee that she elected to give birth in Washington, D.C., so that she could attend a vote two weeks after her cesarean section. With proxy voting, they argued, members could have a better work-life balance.
McGovern also argued that Congress should catch up with other legislative bodies around the world and use technology to allow for more diverse witnesses at hearings, including people who live abroad or those with limited resources to travel to D.C. McGovern called the March Rules Committee hearing the start of a “serious conversation” about the continuation of proxy voting and remote hearings.
Not everyone supports these measures, however. Rep. John Yarmuth (D-Ky.) told Kentucky’s Spectrum News 1 that the rule has been abused. “There have been members who have gone to fundraisers outside of Washington and voted by proxy,” Yarmuth said. He added that he thinks there is value in continuing the rule for health-related reasons.
“If you tested possible for COVID, and that will continue to happen, then you should be allowed to continue to vote by proxy,” Yarmuth said. “I don’t think you should just be allowed to say I don’t feel like coming to Washington.” Rep. Mike Gallagher (R-Wis.) made a similar point at the March Rules Committee hearing. “It’s exacerbating a lack of trust in the institution because so many members are lying,” Gallagher said. He even alleged that some members are using the proxy voting opportunity to take advantage of “a longer weekend.”
Meanwhile, Rep. Rodney Davis (R-Ill.) argued that remote work is threatening the very nature of how Congress works due to the inability to meet face to face. “I have countless examples of me working in a bipartisan way with my colleagues who I’ve gotten to know,” Davis said. “That wouldn’t have happened if I didn’t have the chance to actually socialize.” The argument to end proxy voting and remote committee work largely stems from Republicans, while Democrats seem to largely support the exception. Rep. Brett Guthrie (R-Ky.) hinted at the incentive for Democrats, the current majority party, to continue the rule. “If people can vote proxy, they always have the majority, because they can always vote for somebody in absentia or not being here,” Guthrie told a Kentucky news outlet.
The debate over whether or not to continue remote work and proxy voting is likely to continue, as McGovern suggested in the March Rules Committee hearing, in spite of what happens with the evolving pandemic.
