Democrats are signaling plans to restore a version of proxy voting if they win control of the House in the November midterm elections.
The proxy voting process, which Democrats launched during the COVID-19 pandemic but Republicans later nixed, allows a lawmaker who can not be physically present in Washington to have another member serve as their proxy and cast House votes on their behalf.
The use of proxy voting at the time was far more widespread than lawmakers intended, and often abused for absences that had nothing to do with the pandemic. It resulted in legal challenges.
But Democrats found it useful and many want to see it brought back in a more limited form.
There is overwhelming support in the Democratic Caucus for at least allowing new parents to use it in the first 12 weeks after their child’s birth.
“It aligns with the paid family and medical leave that federal workers get. It is up to 12 weeks where our voices can be represented,” said Rep. Brittany Pettersen, Colorado Democrat.
Ms. Pettersen was one of several Democratic lawmakers who advocated for the limited form of proxy voting during a Rules Committee hearing last week. The panel was soliciting proposals for the next Congress’ House rules package.
The New Democrat Coalition, a group of 114 center-left House members, would also like proxy voting restored for special circumstances, such as pregnancy, childbirth and parental leave.
Ms. Pettersen and Rep. Sara Jacobs of California are leading the Democrats’ push for proxy voting for new mothers or fathers for up to 12 weeks after a child’s birth.
“For me, it’s literally going to decide if or when I can start my own family, and I know that’s true for many others,” Ms. Jacobs said, noting she froze her eggs because she wants to be a parent someday but “the logistics of doing it in this job are really, really hard.”
Ms. Jacobs said the lack of accommodations is why only 15 women in the history of Congress have given birth while in office.
“One of the best ways to get new ideas and new solutions is with new younger members, and honestly, this place doesn’t really work for younger people,” she said. “It doesn’t really support families. It doesn’t welcome women, and it’s far beyond time that we adapt the way we govern to reflect our goals.”
Ms. Pettersen first proposed the change before giving birth to her son Sam last January. Nine Republicans cosponsored her proposal and Florida GOP Rep. Anna Paulina Luna, who had previously given birth while in Congress, launched a discharge petition to force a vote on it.
While the discharge petition secured the required 218 signatures, Ms. Luna struck a deal with House Speaker Mike Johnson to nullify the petition and instead adopt a vote-pairing arrangement.
Under vote pairing, an absent lawmaker can coordinate with a House member who would be voting the opposite way. The present member of the pair would withdraw their vote, so it is not counted, effectively offsetting the absent member’s vote.
Democrats said that proposal was insufficient because it cancels the votes of both members participating in the pairing.
Mr. Johnson opposed the proxy voting proposal, arguing it is unconstitutional. He said that bringing it back for new parents would have opened a “Pandora’s box.”
In February 2024, a federal district judge in Texas found the House violated the Constitution by using proxy voting to pass a $1.7 trillion spending package without a majority of members physically present to establish a quorum. That case is still pending appeal in the Fifth Circuit.
Ms. Pettersen said her proposal “would not count towards having a quorum” or run into the issues that have been raised in court.
Massachusetts Rep. Jim McGovern, the top Democrat on the Rules Committee, said he would also support trmporary proxy voting for members who have legitimate reasons to miss votes.
“During COVID, that was the right thing to do. There were some that abused it, and so I think we need clarity in terms of how we would proceed,” he said. “But I think there are compelling instances where it makes sense.”
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