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Remote Voting in Legislatures

By:
Brenda Erickson
Program Principal
Legislative Management Program
National Conference of State Legislatures

ASLCS Home Page

Legislatures have several ways to formally express the will or decision of the body-that is, to vote. At state houses across the country, voice votes, roll call votes, and divisions are taken with regularity. And the voting process receives great interest, because the outcome of a vote may mean the life or death of a piece of legislation.

But what is remote voting? And what are its implications for the legislative process?

Definitions

The definition of "remote voting" varies depending upon the context in which it is used. For example, the meaning changes when general election procedures versus legislative processes are discussed. The legislative perspective is being taken for this report, and remote voting refers to the ability of a legislator to vote when he is not present in committee or on the chamber floor. Voting by pairs, proxy, telephone, teleconference, videoconference or computer link are examples of remote voting methods.

There also are slightly different definitions of "pair" and "proxy" among the state legislatures. These differences arise because the processes by which chambers establish pairs or allow proxies vary. Most commonly, paired voting takes place when two legislators, one of whom will be absent, arrange in writing to cast votes on opposite sides of a measure. Proxy voting occurs when one legislator is authorized to vote for another member who is absent.

Positive Aspects

Remote voting provides flexibility and efficiency within the legislative process. Lawmakers split their time between personal and legislative duties. They divide their legislative time between their districts and the capitol. While at the capitol, legislators attend committees, caucuses, and floor sessions; prepare legislation; meet with constituents, staff, lobbyists, and others; and respond to correspondence and telephone calls. Remote voting helps members respond to occasions when multiple duties call.

Proponents feel that there are other advantages as well. They believe remote voting also:

1. Allows an absent member to have his or her position recorded on an issue.
2. Saves time.
3. Reduces per diem and travel costs.

For example, a legislator who has a family or health emergency would be able to participate. Members from distant locations could work in committee without travelling to the state capitol. And, polling allows a committee to act quickly without a formal meeting.

Concerns

The main concern about remote voting centers on the integrity of the process. Opponents feel that there should be a way to verify that only the authorized senator or representative is casting a vote. Requiring a member's physical presence creates a comfort level that this procedural standard is being observed.

Other possible negative impacts on the legislative process by allowing a member to vote when he is not present are:

1. Diminishing the importance of committee meetings or session.
2. Reducing the incentive to attend committee meetings or session.
3. Undermining the whole foundation of collegial interaction.
4. Eliminating the benefits of hearing testimony and debate.
5. Reducing the thoroughness of debate.
6. Depriving members of the written materials distributed or available at a meeting or session.
7. Increasing the opportunity for voting errors.

The public often has difficulty understanding basic legislative procedures. Opponents believe that remote voting causes more confusion among the general public. They feel it deprives the public of the opportunity to witness debate and voting. In addition, many groups and individuals worked hard for the passage of open meeting or "sunshine" laws, and they fear that remote voting could be used to circumvent these statutes.

Use of Remote Voting

The National Conference of State Legislatures surveyed the states and searched chamber rules to find out which, if any, remote voting methods legislatures use. Survey responses and search results are the basis for this report. Therefore, not all chambers are represented.

Never Allowed

Remote voting is prohibited both in committee and on floor action by 47 legislative assemblies. In fact, many of these chambers have rules that specifically require members to be present to vote. For example, Louisiana Senate Rule 13.89 states that "no member shall be permitted to vote on a matter before a committee if he was not in the committee room before the vote is announced by the chairman." In the Illinois Senate, no senator is "permitted to vote on any question before the Senate unless on the floor before the vote is announced."

Prohibit Remote Voting

Allowed On the Floor

Some legislatures allow remote voting during floor sessions. Here, the most common form is paired voting. Twenty-one chambers reported that they authorize the use of pairs on floor votes. Interestingly, the Virginia Senate allows two types of pairs-general and special. The applicability of a general pair includes votes on all motions, amendments or other proceedings on the particular proposal subject to the pair. In contrast, the scope of a special pair depends entirely upon the agreement set by the two senators making the pair. The Wisconsin Assembly also allows the members constituting a pair to specify applicability and scope, but it does not differentiate types of pairs like the Virginia Senate.

Use Paired Voting on the Floor

Proxy voting is used much less frequently. Only two chambers-the Florida House and the Pennsylvania Senate-permit members to cast floor votes by this method. In Pennsylvania, a chamber rule authorizes the practice, and it specifies who casts the proxy vote, stating the absent member "may be voted by his or her respective floor leader."

The Montana House uses another remote voting method during floor session. It permits an absent member to vote by signed form.

Allowed In Committee

Committees have more flexibility to use remote voting methods than occurs on the floor. Voting by pairs, proxy, telephone, teleconference, and videoconference are the most common methods.

Seven chambers allow committee members to vote in pairs. They are the Alabama Senate, Arkansas Senate, Mississippi Senate, Texas Senate and House, Virginia Senate, and West Virginia House.

The Indiana House, Missouri House, Montana House, Pennsylvania Senate and House, South Carolina Senate, and Virginia Senate allow committees to accept proxy votes. The Maine Senate gives this voting option only to certain committees.

The ability of committees to permit voting by telephone is very limited. Only two legislative assemblies-Iowa Senate and Maine House-approve it. Teleconferencing, however, has greater usage. Committees in the Iowa Senate, Nevada Senate, North Dakota Senate and House, and Oregon House may authorize votes to be cast this way. Nebraska committees reserve voting by teleconference for special situations.

In recent years, videoconferences have grown in popularity, and legislative chambers are beginning to allow their committees to take advantage of this technology. Most often, legislatures use videoconferences to expand public input into the process. However, five chambers will allow committee members to vote while on a videoconference; they are the Iowa Senate, Kentucky Senate, North Dakota Senate and House, and Oregon House. In order to participate in committee by videoconference, a Kentucky senator must meet very specific conditions. One of the criteria, set out by Kentucky Senate Rule 67A, requires the member to pay all expenses related to implementing the video connection between the committee meeting room and the legislator's remote location. Special circumstances also must exist before a Nebraska committee may permit votes to be taken in this fashion. In the Wisconsin Assembly, a committee member may establish his presence for the quorum count via videoconference, but he is not allowed to vote on bills, amendments or other procedural issues.

Several chambers permit committees to use other types of remote voting. The Maine House permits an absent member to vote up to 48 hours after a committee meeting. A committee in the Montana Senate may authorize a member to vote in absentia. In the Washington Senate, if a majority of the members present in committee vote a bill out, the absent senators may sign the report to reach a majority of the full committee. Committees in the Wisconsin Senate may poll their members; the polled votes may be gathered by paper ballot or by telephone.

Summary

Pairs, proxy, telephone, teleconference, videoconference or computer link are six options through which legislative assemblies may allow remote voting. But to date, the majority of the nation's legislatures still hold strong to the adage "you must be present to vote."

For more information about ASLCS, write or call:

Joan Barilla
National Conference of State Legislatures
7700 East First Place
Denver, CO 80230
Phone: 303/856-1349
FAX: 303/364-7800
E-mail: joan.barilla@ncsl.org