Why a discharge petition won't help Democrats pass a clean CR in the House

First, the mechanics. Under the House discharge rule, a majority of the membership (218 lawmakers, even if some seats are vacant) can sign a petition to dislodge a bill or resolution from a House committee. With the requisite number of signatures (made public here), a majority can extract any bill that has been stuck in a committee for more than 30 legislative days. Members can also target special rules that are stuck in the Rules Committee, so long as the rule has been before House Rules for more than seven legislative days and so long as the rule targets a bill stuck at least 30 days in committee. Once 218 members sign on, motions to discharge land on the House discharge calendar. If you are a bill in a hurry for a vote, don’t tread there. The House considers motions from the discharge calendar on only the second and fourth Mondays of the month.

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Time lags built into the discharge rule are bound to frustrate lawmakers if they seek to open a shuttered government. Even if an aspiring lawmaker bones up on the House rule book and today introduces a CR and a discharge motion to dislodge it, the earliest the motion to discharge would make its way onto the discharge calendar after securing 218 signatures would be November. (I am assuming that the House’s calendar and legislative days run roughly in tandem this month). If the motion doesn’t make it onto the calendar until after the second Monday of the month, the bill would be discharged at the earliest in late November. Procedural details make the discharge rule ill-suited for swift enactment of a clean CR.

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