Should Pa. lawmakers vote remotely?
THE PANDEMIC CHANGED the way many people worked. Specifically, it changed where they could do that work.
There was a reason. If people were working from home, they weren’t spreading the virus.
Working from home became popular. It was cheaper to work without the commute. It was affordable to make lunch in your own kitchen instead of eating out. It was convenient to be able to get your laundry done between streaming meetings.
But since covid vaccines have been available and the pandemic threat has waned, there has been a push from some employers to get people back into the office.
One of those workplaces is the Pennsylvania House of Representatives.
In 2020, the Legislature made changes to longstanding rules that forbid lawmakers from voting if they were not present in the chamber. It was designed to prevent “ghost voting,” the practice of members who were present voting for those who weren’t.
It makes sense. You’re not allowed to punch in for someone else at a fast-food job because it’s not fair to the company to pay someone for time they weren’t there. It’s just as unfair — arguably more so — for one representative to cast a vote for another, ostensibly defrauding the citizens of an accurate count.
But it was a necessary accommodation in extraordinary circumstances. The question is whether it is still necessary.
In April, state Rep. Kevin Boyle, D-Philadelphia, voted despite not being present while a warrant existed for his arrest. The warrant was subsequently resolved, but the issue remains.
According to a Spotlight PA story, Minority Leader Bryan Cutler, R-Lancaster, claimed that the razor-thin Democratic majority could open such close votes to challenge. He isn’t wrong. If a single vote decides an issue, and that vote wasn’t cast by the representative in question, should it be valid?
It’s important to note that the change in 2020 was passed with a Republican majority, something that narrowly flipped in 2023.
It is tempting to point to this as being like the Act 77 no-excuse absentee election voting changes made in 2019 with Republican support. Those changes were then vilified by those same Republicans after the 2020 presidential election hinged on mail-in ballots.
But this isn’t the same at all. Instead, this looks at a rule change made for a specific reason and questions whether it is still the right course. It isn’t a change that was only utilized by one side. Everyone participated. But like putting snow tires on in the winter, it’s something to reevaluate when the conditions change.
In 2024, with people more connected and not tethered to one office location, lawmakers’ remote voting might have a place. It could save money if representatives don’t have to drive back to Harrisburg to cast a vote. It might keep them more connected to their districts.
However, if it is to continue, it should be more structured and safer. Lawmakers should be able to cast their own votes from a distance rather than ceding their votes to the party leadership to cast. That makes the vote the property of the party and not the choice of the representative and by extension, the people.
