Six Texas Democrats to vote by proxy this week as House takes unprecedented step amid coronavirus - The Dallas Morning News

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Updated at 4:25 p.m.: Revised to include the House GOP’s plan to sue over the proxy vote system.

WASHINGTON – At least six Texas Democrats plan to vote by proxy when the House convenes this week, taking advantage of a historic rules change that will be put to the test for the first time in the Democrat-run chamber.

Reps. Eddie Bernice Johnson of Dallas, Lloyd Doggett of Austin, Veronica Escobar of El Paso, Vicente Gonzalez of McAllen, Marc Veasey of Fort Worth and Filemon Vela of Brownsville have already filed notification letters with the House clerk’s office to signal their intent.

An additional 40 or so of their colleagues from across the U.S. had done the same by Tuesday afternoon, with the number likely to grow ahead of a roll call vote planned for Wednesday.

“I am unable to physically attend proceedings in the House Chamber due to the ongoing public health emergency,” Johnson, 84, wrote in a May 21 letter, using boilerplate language that was used by other lawmakers planning to vote by proxy.

Their plans could be upset by House Republicans, who planned to file a lawsuit late on Tuesday in federal court to block the proxy vote setup over constitutional concerns, according to The Wall Street Journal and other media outlets.

Democrats pushed through the temporary rules change in mid-May amid concerns from their caucus about how meeting en masse to vote on legislation doesn’t comport with shelter-in-place orders and other social distancing guidelines designed to limit the coronavirus’s spread.

While Congress has still passed far-reaching bills in recent months to respond to the pandemic, the representatives have convened in Washington only in fits and spurts.

Democrats had initially sought to make the unprecedented overhaul with bipartisan support, particularly after some Republicans signaled openness to some form of remote voting. But amid opposition from GOP leaders, House Speaker Nancy Pelosi pressed ahead with a party-line vote.

No Republicans ended up voting for the rule changes, which also allow for committees to meet virtually.

Many conservatives – and a few Democrats, such as Doggett – have expressed reservations about the change, with some raising concerns about the setup’s constitutionality. That issue is at the center of the House GOP’s planned lawsuit, the Journal reported.

The suit would be led by California Rep. Kevin McCarthy, the House minority leader. Among the 20 or so Republican lawmakers planning to sign onto the lawsuit is Austin Rep. Chip Roy, according to the Journal.

But Democratic leaders have pointed to expert analyses that the temporary arrangement is legally sound.

It allows a lawmaker to enlist a trusted colleague present in the chamber to register a “yea” or a “nay” on their behalf while they watch from afar. Lawmakers must submit public letters designating their proxy and confirming which way they want to vote.

A given lawmaker may serve as proxy for only up to 10 of his or her colleagues.

Johnson’s proxy is New York Rep. Hakeem Jeffries. Doggett’s is Maryland Rep. Jamie Raskin. Escobar’s is Houston Rep. Sylvia Garcia. Gonzalez’s is Laredo Rep. Henry Cuellar. Veasey’s is Virginia Rep. Don Beyer. Vela’s is Arizona Rep. Ruben Gallego.

The setup will likely result in fewer missed votes.

Many members of Congress are older, putting them among the age group that has proved to be more vulnerable to the novel coronavirus. So there have been more absences than usual – particularly among the House’s older members – at the handful of vote series held in recent weeks.

Other lawmakers may have their own reasons for using the vote by proxy system.

Gonzalez, 52, recently had to be hospitalized after suffering a fall while working around his house. So he’s been working from home on his doctor’s advice. Vela, 56, said he wanted to “mitigate the risk to my wife, who has had two heart surgeries.”

“Given that my vote will count equally whether I am in D.C. or in the district, it just makes more sense to vote from the district,” Vela said.

Even before the House GOP’s planned lawsuit, it was unclear if any Republicans would vote remotely.

Rep. Ron Wright, R-Arlington, is a cancer survivor who has missed recent votes on his doctor’s recommendation. He said in April that the coronavirus “has shed light on how unprepared Congress is to work remotely during unprecedented circumstances.”

But the 67-year-old freshman lawmaker recently assailed the proxy vote system, saying it “would consolidate all power within the speaker’s office and completely undercut the fundamental basis for why the House of Representatives exists.”

The National Republican Congressional Committee, the House GOP’s campaign arm, also indicated that it would be keeping close tabs on how front-line Democrats proceed.

“The Deadbeat Democrats in the House started their staycation today, with a number of Nancy Pelosi’s minions already taking advantage of their proxy voting scheme to avoid showing up for work this week,” NRCC spokesman Bob Salera said in a news release.

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