Box Turtle Bulletin

Acrimony In Da House: Chaos As Republicans Defeat Anti-Discrimination Amendment

When the 2016 Defense Authorization Bill hit the floor of the House today, it carried with it a provision attached by Rep. Steve Russell (R-OK) which would overturn President Obama’s executive order requiring federal contractors to maintain anti-discrimination policies that cover sexual orientation and gender identity.  Today, Rep. Sean Patrick Maloney (D-NY) introduced an amendment from the House floor to strike Russell’s provision from the bill. And that’s when

The Hill describes it succinctly:

The House floor devolved into chaos and shouting on Thursday as a measure to ensure protections for members of the LGBT community narrowly failed to pass after Republican leaders urged their members to change their votes.

Initially, it appeared Rep. Sean Patrick Maloney’s (D-N.Y.) amendment had passed, as 217 “yes” votes piled up over 206 “no” votes when the clock ran out. The measure needed 213 votes to pass.

But it eventually failed on a 212-213 vote after a number of Republican lawmakers changed their votes from “yes” to “no” after the clock had expired.

GOP leaders held the vote open as they pressured members to change sides. Infuriating Democrats, they let lawmakers switch their votes without walking to the well at the front of the chamber.

The clock for the vote was set at two minutes. According to House procedures, after the clock expires, the lawmaker holding the gavel asks the House if any members want to change their votes. At that point, the electronic voting machines are switched off, and any vote-changing members go to the front of the chamber to switch their votes in person.

But in this case, when GOP leaders saw that Maloney’s amendment had passed when the clock ran out, the Speaker pro tempore never asked the question and the electronic voting machines were kept open as GOP leaders prowled for potential vote-switchers. After an additional five minutes and 37 seconds had passed, the vote was closed soon after the 213th “nay” vote was cast.

When Speaker Paul Ryan (R-WI) took over the as Speaker from Rep. John Boehner, he promised to return the House to regular order and to be a stickler about House rules and the vote clock. Today he feigned ignorance to reporters when asked whether his leadership team pressured seven Republicans to change their votes. But a senior House Republican leadership aide told CNN that all of the top GOP leaders were working to defeat Maloney’s amendment.

Ryan was not in the House chamber when the vote was taken. Democrats say it was Majority Leader Kevin McCarthy (R-CA) who was the most visible actor in the campaign to flip votes.

Maloney emphasized that many Republicans held their ground and refused to switch sides. Rep. Charlie Dent (R-Pa.) “was at the head of that list,” Maloney said.

“McCarthy went down and talked to him, and [Dent] told [McCarthy] to get lost,” Maloney said. “And McCarthy then went around and twisted everybody else’s arms, and it was disgraceful.

“I don’t think I’ve ever seen anything that craven and that ugly in my time in Congress,” Maloney added.

At one point, Rep. Steve Russell (R-OK), who had inserted the pro-discrimnation clause in the first place, was heard prowling the Republican side of the aisle shouting, “Need two more votes!”

Maloney added that “easily a dozen” Republicans approached him on the floor “and expressed disgust for what happened today.”

House Minority Whip Steny Hoyer (D-MD) was similarly outraged over what he called the “cowardice” of those House members who switched their votes:

Hoyer alleged that the Republicans who changed their vote initially believed that the amendment would fail.

“Several Republican Members initially cast votes in favor of Rep. Maloney’s amendment but shamefully changed their votes after it was clear the amendment would pass, leading the amendment to fail by just a single vote,” Hoyer said in a Thursday afternoon statement. “Not only did they vote against equality and inclusion, but those who switched their votes did not even have the courage to do so openly in the well of the House. They did so quietly from the back benches, contrary to established practice that requires vote-switching to be done in person at the Clerk’s desk, and House Republican leaders held a two-minute vote open for nearly eight minutes.”

…Hoyer later revealed on Twitter the seven Republican members who changed their vote on the amendment: Rep. Jeff Denham (R-CA), Rep. Greg Walden (R-OR), Rep. Mimi Walters (R-CA), Rep. David Young (R-IA), Rep. Darrell Issa (R-CA), Rep. Bruce Poliquin (R-ME), and Rep. David Valadao (R-CA).

Walden is chair of the National Republican Congressional Committee, the campaign committee for House Republicans. Valadao, Young and Poliquin have been identified by the NRCC as vulnerable, and before this vote they were already marked by the NRCC for extra “special protection” campaign spending. Democrats are already pouncing on the possibility of making this a campaign issue in those and other competitive districts.