[Congressional Record Volume 167, Number 2 (Monday, January 4, 2021)]
[House]
[Pages H42-H43]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  REMOTE VOTING BY PROXY REGULATIONS PURSUANT TO HOUSE RESOLUTION 8, 
                             117TH CONGRESS

                                         House of Representatives,


                                           Committee on Rules,

                                  Washington, DC, January 4, 2021.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Madam Speaker: Pursuant to section 3(s) of House Resolution 
     8, 117th Congress, I hereby submit the following regulations 
     regarding remote voting by proxy for printing in the 
     Congressional Record.
           Sincerely,

                                            James P. McGovern,

                                                         Chairman,
                                               Committee on Rules.

[[Page H43]]

  


   Remote Voting by Proxy Regulations Pursuant to House Resolution 8


                      a. proxy designation letter

       1. A Member seeking to vote remotely by proxy must submit 
     to the Clerk a dated and signed letter authorizing another 
     Member to serve as their proxy. The letter must be submitted 
     before the beginning of the first vote in which the Member 
     wishes to vote by proxy, and must include:
       i. An affirmative statement that because of the public 
     health emergency the Member is unable to physically attend 
     proceedings in the House Chamber and is granting authority to 
     have their vote cast by proxy.
       ii. The name and state of the Member who is being 
     designated as a proxy.
       iii. The original signature of the Member granting the 
     proxy. Auto-pen or stamped signatures will not satisfy this 
     signature requirement.
       2. A letter missing any of the items in paragraph 1 shall 
     not be verified by the Clerk pursuant to regulation B.3, 
     which will result in the proxy being unable to vote on the 
     Member's behalf.


           b. submission of proxy designation letter to clerk

       1. Before submitting a letter designating a proxy, Members 
     must confirm with their designated proxy that he or she 
     agrees to and is able to vote for them.
       2. To ensure the Clerk receives the letter in a timely 
     manner, a Member seeking to vote by proxy should scan and 
     email the letter to the Clerk from a House-maintained email 
     account. Such electronic copy shall be actionable by the 
     Clerk, including if, despite best efforts, the physical 
     original is lost or damaged.
       3. Upon electronic receipt of any letter described in these 
     regulations, the Clerk must verify the letter and send a 
     confirmation of receipt via email. A Member seeking to vote 
     by proxy must then send the dated and signed hard copy of the 
     letter to the Clerk so that it may be kept as a record. The 
     Clerk, in concurrence with the Chair of the Committee on 
     House Administration, may impose additional security 
     requirements with respect to the electronic submission of 
     proxy letters.
       4. The Clerk must make any letter received pursuant to 
     these regulations available on a publicly accessible website 
     as quickly as practicable upon verification of the letter. 
     The Clerk is not required to process, distribute, or post 
     online any letter received that is not required by House 
     Resolution 8 or these regulations.
       5. The letter will be used by the Clerk to certify that a 
     Member serving as a proxy has the authority to cast votes on 
     behalf of the Member voting remotely by proxy.


                          c. duty of the proxy

       1. A Member serving as a proxy must agree to and be able to 
     appear in the Capitol for roll call votes at any time for the 
     duration of the covered period. If they are unwilling or 
     unable to perform this duty at any point, they must inform 
     the Member for whom they are voting by proxy as quickly as 
     possible.
       2. Before a Member's presence may be recorded by proxy 
     during a quorum call, the Member serving as a proxy must have 
     exact instruction pursuant to regulation C.6 from the Member 
     voting by proxy on whether they intend to be recorded as 
     present, and must follow such instruction in responding to 
     the quorum call.
       3. Before a vote may be cast by proxy, the Member serving 
     as a proxy must have exact instruction pursuant to regulation 
     C.6 from the Member voting by proxy on whether they intend to 
     vote yea, nay, or present on the specific text or matter at 
     hand, and must follow such instruction exactly in casting the 
     proxy vote.
       4. If the text of a measure changes after such instruction 
     is received, the Member serving as a proxy may not cast a 
     vote for the Member voting by proxy until new instruction is 
     received.
       5. If an identical motion is made to a motion on which a 
     Member voting by proxy has previously given instruction, the 
     Member serving as a proxy must still receive voting 
     instructions pursuant to regulation C.6 on the new motion in 
     order to cast the proxy vote.
       6. The Member voting by proxy must provide written voting 
     instruction (which may be in electronic form) to the Member 
     serving as proxy. Members shall use official devices and 
     accounts to transmit such instruction to the maximum extent 
     practicable. If they are unable to transmit written 
     instruction in a timely manner, a member of their staff may 
     transmit the instruction at the direction of the Member, and 
     that Member must confirm the instruction by telephone to the 
     Member serving as proxy before the vote may be cast on their 
     behalf.


                  d. alteration or revocation of proxy

       1. At any time during the public health emergency, a Member 
     is permitted to change their designated proxy.
       i. In addition to including all the information required by 
     regulation A, a letter changing a Member's proxy must clearly 
     state that the signing Member seeks to change their proxy 
     from the Member currently holding their proxy to a different 
     Member who will hold their proxy starting on the date 
     specified in the letter.
       ii. Any such letter must be submitted following the 
     directions provided for the Proxy Designation Letter in 
     regulation B.
       2. A Member may revoke their proxy at any time for any 
     reason. Revocation of proxy does not prohibit a Member from 
     designating a proxy at a later time.
       i. A Member seeking to revoke their proxy must send to the 
     Clerk a signed letter revoking their proxy which includes the 
     date upon which their proxy is revoked. This letter must be 
     submitted following the directions provided for the Proxy 
     Designation Letter in regulation B.
       ii. Pursuant to section 2(a)(2)(B) of House Resolution 965 
     of the 116th Congress, a Member will be considered to have 
     revoked their proxy if they vote or record their own presence 
     in the House Chamber. A revocation letter is not necessary in 
     this instance.


                           e. timing of votes

       1. The Majority Leader must provide Members with 24-hours' 
     notice before any vote on the final disposition of bills or 
     joint resolutions conducted during the period designated by 
     the Speaker pursuant to House Resolution 8.

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