House Republican Leader Kevin McCarthy was the lead plaintiff in a lawsuit filed in federal court challenging the constitutionality of the change. Lower and appeals courts upheld the rule, and the U.S. Supreme Court on Monday declined to take up the case. That means the previous rulings will stand.
House Speaker Nancy Pelosi backed the rules change during the early stages of the pandemic, saying it was a way to protect the health of lawmakers and staffers by allowing those who were unable or hesitant to travel to still participate. Members can submit letters designating another colleague as their proxy to submit votes on their behalf.
The Brookings Institution says that roughly 80% of members had voted by proxy as of mid-December. That includes all six Democrats in Georgia’s congressional delegation, plus five of eight Republicans. The three who have not voted remotely are U.S. Reps. Rick Allen, Andrew Clyde and Austin Scott.
Remote voting is not allowed in the Senate.
McCarthy has said that he will end proxy voting if Republicans take control of the House after the midterms and he becomes speaker.
Before proxy voting was implemented, members who were sick, had family obligations or got stuck in an airport simply missed votes. Loudermilk, a Republican from Cassville, said that is what happened to him and many other Republicans who refused to vote remotely in 2020 and most of 2021.
That changed when he tested positive for COVID-19 at the same time the House was considering a massive social spending and climate change bill. He said in a statement that it was “the only way I could represent my constituents, to try to stop this bill.”
Ferguson’s office said he voted by proxy after last-minute changes to the House calendar made traveling difficult. Hice’s staff said he used the option in October and December when health reasons prevented him from traveling.
Loudermilk said he worries that remote voting is being abused. Several representatives have been accused of using proxy letters to miss votes on the same days they attended political events.
Members are not required to provide a reason for casting a vote this way; their letter only needs to cite the “ongoing public health emergency.”