House Expands Voting Privileges for Delegates and Resident Commissioner; Further Action on DC Voting Rights Expected

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Last Wednesday, the House approved a rule change granting the four House delegates and the resident commissioner of Puerto Rico partial voting rights on the House floor. A similar rule was implemented in 1993 by a Democratic majority, but repealed in 1995 after Republicans took control of Congress. The resolution passed largely along party lines, 226-191.

The rule will allow delegates and the resident commissioner to participate in the “Committee of the Whole,” whereby members may debate and vote on amendments to a bill before the final version is considered. The voting privileges, however, are limited. If the votes of the delegates or the commissioner are decisive on any recorded vote, the committee disbands and a new vote is taken without them. Basically, these members may vote so long as their votes do not impact the outcome.

The following five members will be affected by the rule change:

House Majority Leader Steny Hoyer (D-Md.), who sponsored the resolution, admitted the change was largely symbolic, but added, “It is an opportunity for them to participate.” Del. Faleomavaega, who has represented American Samoa in the House since 1989, supported the change by emphasizing that his “territory has the highest per capita casualty rate (in Iraq) in the whole United States.” Del. Christensen (D-V.I.) said that she would have preferred to receive full voting rights, but that the rule change was "important because it's a step forward."

All but one House Republican, Rep. Dan Burton (Ind.), opposed the change. House Minority Leader John Boehner (R-Ohio) called it, “An outrageous grab of power by the majority,” while Minority Whip Roy Blunt (R-Mo.) argued it amounts to “representation without taxation.” Rep. Tom Price (R-Ga.) said that Republicans may even seek a court challenge to the rule, stating that it is "the only option we have." The rule was previously challenged in 1993, but a federal judge upheld it on the basis that it does not violate the Constitution because the delegates and the commissioner are prevented from affecting the final outcome of a vote.

In addition to the rule change, the chamber is expected to consider full voting rights for the District of Columbia in the House sometime in the next few months. Del. Holmes-Norton, who has represented the District since 1991, has reintroduced a bill with Rep. Tom Davis (R-Va.) which would provide the District with a full-voting member of the House, as well as an additional seat for the state of Utah. Last year, the bill was approved by the House Government Reform Committee, but never considered on the floor.

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