20 Republican lawmakers to file lawsuit against House Speaker Nancy Pelosi over new proxy voting system

WASHINGTON – A group of Republican lawmakers is planning to file a lawsuit against House Speaker Nancy Pelosi over the chamber’s new proxy voting system, according to House GOP leadership aides, a challenge to the rule set to be used for the first time on Wednesday.

The House developed and passed its new — and historic — proxy voting rules earlier this month, allowing members unable to come to Capitol Hill due to the coronavirus pandemic to designate another lawmaker as their “proxy” and cast floor votes on their behalf. 

While the unprecedented rule change passed the chamber, no Republicans voted in favor of the measure with some calling into question the Constitutionality of the change. 

The lawsuit, led by House Minority Leader Kevin McCarthy, outlines this argument and details that under the Constitution a majority of lawmakers must be present in order to take up business and vote on legislation, according to aides. 

Twenty House Republicans have signed on to the lawsuit, along with members of the public in four separate states. It targets Pelosi, along with the House clerk and sergeant-at-arms, and will be filed in the D.C. Circuit court Tuesday evening. 

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Any measure passed under this system, especially those that pass by slim margins where proxies cast deciding votes, could be called into question, lawyers for the lawmakers will argue in the lawsuit, according to GOP leadership aides.

The aides argue that changes to how the House votes were not enacted during times of war or previous pandemics, such as the Spanish Flu, where an estimated 50 million died worldwide. The same can be said after the terror attacks on Sept. 11, 2001. 

Pelosi, in a statement, called the lawsuit a “sad stunt” that will not block the House from moving forward. She argued the 

“House Republicans’ sad stunt shows that their only focus is to delay and obstruct urgently-needed action to meet the needs of American workers and families during the coronavirus crisis,” she said. “The House’s position that remote voting by proxy during a pandemic is fully consistent with the Constitution is supported by expert legal analyses.”

Democrats said the change enables the chamber to respond nimbly to evolving issues, including the unfolding pandemic, without putting lawmakers, their staffs and hundreds of Capitol Hill workers at risk by requiring them to meet together.

More than 50 House Democrats have already designated a proxy ahead of Wednesday, where the House is scheduled to take up several measures, including an amendment to the contentious Foreign Intelligence Surveillance Act. No Republicans thus far have filed any notice that they intend to use a proxy and House Republican leadership, along with the attorneys filing the lawsuit, have advised Republicans not to use the new system. 

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