Discharge Petition - Usage

Usage

Discharge petitions are rare. A successful discharge petition embarrasses the leadership; as such, members of the majority party are hesitant to support something that would make the Speaker and their own leaders look bad. (Naturally, the minority party will often support discharge petitions precisely to embarrass the leadership.) Furthermore, since the signers of a petition are not private, majority party members are pressured not to sign, and open themselves up to retribution from the leadership should they disobey.

When signing of a petition was secret (or, more specifically, confirmation that it was signed was secret, as a Representative could claim whatever they liked), petitions were generally only used for serious discontent in the majority. The secrecy also meant that members could claim to be for a piece of legislation while at the same time taking no action to force a vote on such legislation. With this secrecy removed, it became more difficult to dissemble in such a way; it also opened signers to more direct retribution from the leadership. Under the old system, if a petition was unsuccessful, the leadership would never know if a particular Representative signed the petition. If it was successful, all the "defectors" would at least be in the same boat. With open signing, the leadership can exert maximum pressure on stopping the last few signatures. Those who make the last few signatures open themselves to especially severe payback, as early signers could argue privately that they were only posturing, and didn't think the petition would ever pass. In 1994, a strong counter-campaign from the House leadership helped stop the proposal of William Zeliff (R–New Hampshire) and Rob Andrews (D–New Jersey) of "A–Z spending cuts," for example; the proposal received 204 signatures, but could not muster the last 14.

The removal of secrecy also encourages discharge petitions that exist merely to take a public stand on an issue. Since secrecy was removed in the U.S. House, thirty petitions have attained 60 signatures or fewer.

A notable situation where the threat of a discharge petition could be extremely relevant is if the majority party in the House loses its majority for some reason, such as due to defections or deaths. If the old majority leadership refuses to stand aside, the new majority could file a discharge petition to elect a new Speaker. This situation has not yet occurred.

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