January 9, 2025
Ms. Pettersen (for herself, Mrs. Luna, Ms. Jacobs, Mr. Lawler, Mr. Gomez, Mr. Fitzpatrick, Ms. Leger Fernandez, Mr. Ciscomani, Ms. Perez, Mrs. Kim, Mr. Van Drew, and Mr. Neguse) submitted the following resolution; which was referred to the Committee on Rules
Permitting parental remote voting by proxy, and for other purposes.
Section 1. Short title
This resolution may be cited as the Proxy Voting for New Parents Resolution
.
Sec. 2. Authorization of remote voting by proxy in House and in Committee of the Whole for Members becoming parents
(a) Authorization
(1) In general
Notwithstanding rule III, in the case of a Member who has given birth or whose spouse has given birth, such Member may designate another Member as a proxy who may cast the vote of such Member or record the presence of such Member in the House and in the Committee of the Whole House on the state of the Union in accordance with this section.
(2) Period of authorization
(A) In general
Except as provided under subparagraph (B), the authority to vote by proxy or record a presence pursuant to paragraph (1) shall begin on the date of the birth and shall terminate 12 weeks thereafter.
(B) Designation prior to birth
Notwithstanding subparagraph (A), a Member may instead make a designation prior to the birth of a child in the event that such Member’s health care provider advises that her pregnancy presents a serious medical condition or that she is unable to travel safely. Such authority to vote by proxy or record a presence shall terminate 12 weeks after the initial designation. Each week prior to the birth of the child during which a Member does not have a designated proxy shall not constitute a week for purposes of this subparagraph.
(b) Requirements for designation by Member
(1) In general
In order for a Member to designate another Member as a proxy under subsection (a), the Member shall submit to the Clerk a signed and dated letter (which may be in electronic form). Such letter must be submitted prior to the start of the first vote in which the Member wishes to vote by proxy and must include—
(A)
an affirmative statement of—
(i)
the birth of a child in the case of a designation under subparagraph (A) of subsection (a)(2); or
(ii)
the existence of a medical condition related to pregnancy as stipulated by the Member’s health care provider in the case of a designation under subparagraph (B) of subsection (a)(2);
(B)
a statement of intent to vote by proxy, including the name and State of the Member who has agreed to be designated as a proxy; and
(C)
an original signature of the Member making the designation.
(2) Alteration and revocation
At any time after submitting a letter to designate a proxy under paragraph (1), such Member may submit to the Clerk a signed letter (which may be in electronic form) altering or revoking the designation.
(3) Automatic revocation upon casting of vote or recording of presence
If a Member who has designated another Member as a proxy under this section casts the Member’s own vote or records the Member’s own presence in the House or in the Committee of the Whole House on the state of the Union, the Member shall be considered to have revoked the designation of any proxy under this section. Revocation of proxy does not prohibit a Member from designating a proxy at a later time.
(c) Responsibilities of Clerk
(1) In general
Upon receipt of a letter submitted by a Member pursuant to subsection (b), the Clerk shall—
(A)
verify the letter;
(B)
notify the Speaker, the Majority Leader, the Minority Leader, and the other Member or Members involved in the designation, alteration, or revocation; and
(C)
if a letter is missing any of the items under subsection (b)(1), notify the submitting Member of the deficiency, which shall result in the proxy being unable to vote on the Member’s behalf.
(2) Maintenance of list
The Clerk shall maintain an updated list of the active designations, alterations, and revocations pursuant to this section and shall make such list publicly available in electronic form.
(d) Procedures for casting votes or recording presence by proxies
(1) Use of ballot card
In the case of a vote by electronic device, a Member who casts a vote or records a presence as a designated proxy for another Member under this section shall do so by ballot card, indicating on the ballot card “by proxy”.
(2) Instructions from Member
Prior to casting the vote or recording the presence of another Member as a designated proxy under this section, the Member shall obtain an exact instruction from the other Member with respect to such vote. The Member voting by proxy, to the maximum extent practicable, shall provide written voting instruction to the Member serving as proxy.
(3) Recognition by chair
Immediately prior to casting the vote or recording the presence of another Member as a designated proxy under this section, the Member shall seek recognition from the Chair to announce the intended vote or recorded presence pursuant to the exact instruction received from the other Member under paragraph (2).
(4) Following instructions from Member
A Member casting the vote or recording the presence of another Member as a designated proxy under this section shall cast such vote or record such presence pursuant to the exact instruction received from the other Member under paragraph (2).
(e) Prohibiting use of proxy To establish quorum
Any Member whose vote is cast or whose presence is recorded by a designated proxy under this section shall not be counted for purposes of establishing a quorum under the rules of the House.
Sec. 3. Authorization of remote voting by proxy in committee for Members becoming parents
(a) Authorization
Notwithstanding rule XI, a Member who has designated another Member as a proxy who may cast the vote of such Member under section 2 may designate a member of each committee on which the Member sits as a proxy who may cast the vote of such Member in committee in accordance with this section during the same period in which another Member is authorized to cast the vote of such Member under section 2.
(b) Requirements for designation
In order for a Member to designate a committee member as a proxy under subsection (a), the Member shall submit to the chair and ranking minority member a signed and dated letter (which may be in electronic form) specifying by name the other Member who is designated as a proxy for such Member. Such letter must be submitted prior to the start of the first committee meeting in which the Member wishes to vote by proxy.
(c) Alteration and revocation
At any time after submitting a letter to designate a proxy under subsection (b), such Member may submit to the chair and ranking minority member a signed letter (which may be in electronic form) altering or revoking the designation.
(d) Automatic revocation upon casting of vote or recording of presence
If a Member who has designated another Member as a proxy under this section casts the Member’s own vote in a committee, the Member shall be considered to have revoked the designation of proxy in that committee under this section. Revocation of proxy does not prohibit a Member from designating a proxy at a later time.
(e) Instructions from Member
Prior to casting the vote of another Member as a designated proxy under this section, the Member shall obtain an exact instruction from the other Member with respect to such vote. The Member voting by proxy, to the maximum extent practicable, shall provide written voting instruction to the Member serving as proxy.
(f) Prohibiting use of proxy To establish quorum
Any Member whose vote is cast in committee by a designated proxy under this section shall not be counted for purposes of establishing a quorum under the rules of the committee.
Sec. 4. Application to Delegates and the Resident Commissioner
For purposes of sections 2 and 3, the term Member shall include a Delegate and the Resident Commissioner and the term State shall include the District of Columbia and a territory, except that—
(1)
nothing in this section authorizes a Delegate or the Resident Commissioner to cast a vote in the House or record their presence in the House; and
(2)
a Delegate and the Resident Commissioner may be designated as a proxy for purposes of section 2 only by a Delegate or the Resident Commissioner.