Remember the controversy in the Indiana General Assembly this year when House Speaker Pat Bauer attempted to permit an absent member to vote via computer? Read on:
At the end of March, it was alleged that one of Pennsylvania's senior state representatives, William Rieger (D -- Phila.) had engaged in what is called "ghost" voting. In Pennsylvania, representatives are required to be present for a vote. But Rep. Rieger allegedly rigged his voting button so that it would automatically cast his vote on six bills to be considered that day -- even though he had gone home to Philadelphia.So begins Professor Marci Hamilton, of the Benjamin N. Cardozo School of Law, Yeshiva University, and a regular Findlaw.com contributor, in her most recent column. Professor Hamilton uses the Pennsylvania situation as her starting point in a very interesting and highly recommended analysis of the pros and cons of remote voting. For instance, she proposes: "If attendance is required, it ought to be for hearings, not for voting."An ethics investigation has begun. But reports suggest Rep. Rieger is far from the only "ghost voter" in Harrisburg. To the contrary, "ghost voting" seems to be a commonplace bipartisan practice -- with the rule against it often honored only in the breach. Apparently, the voting technology is so primitive, it can be rigged with bubblegum or paperclips.
As for what went on in the Pennsylvania House, here are some quotes from a 3/21/04 story in the Philadelphia Inquirer:
HARRISBURG - On the day Gov. Rendell unveiled his budget to a packed House chamber, Rep. William Rieger voted in favor of all six bills that came up. But Rieger wasn't there. The Democrat was home on Feb. 3, 100 miles away in Philadelphia. A wad of paper shoved into his electronic "yea" button atop his desk did the work for him. Similar sights are in plain view on any given session day in the cavernous lower chamber where so-called ghost voting is a tolerated bipartisan tradition. But, like most state legislatures, rules in the Pennsylvania House explicitly bar it. * * *Posted by Marcia Oddi at April 8, 2004 09:11 PMVoting rules are different in the state Senate. The 50-member body, a quarter the size of the House, tallies votes the old-fashioned way - by senators individually shouting "yea" or "nay." Party floor leaders can vote for other members if they are on an approved work-related leave outside of the Capitol.
The Pennsylvania Senate and the Florida House are the only legislative bodies that allow someone other than the lawmaker to cast a vote, according to a 1999 study by the National Conference of State Legislatures. "The majority of the nation's legislatures," the report said, "still hold strong to the adage 'You must be present to vote.' "