How the House could use discharge petition to avert government shutdown

Democrats and Republicans could use a rarely-used maneuver to avoid a government shutdown if Congress fails to renew funding by the Sept. 30 deadline.

A bipartisan coalition of lawmakers could use a discharge petition, a tool used to bypass the House and force a vote on legislation on the floor. While forcing a vote would effectively sidestep House Speaker Kevin McCarthy (R-CA), it would require approval from 218 members, a big challenge to the speaker’s authority that is unlikely to gather enough support to pass.

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The fallback plan has been discussed among lawmakers as no clear path to avert the government shutdown before funding expires on Oct. 1 has emerged, according to the Washington Post.

The petition could include a few options, including a framework proposal released on Wednesday by members of the House Problem Solvers Caucus that would fund the government through Jan. 11, or a continuing resolution from the Senate.

“With divided control of Congress, solutions to issues as critical as funding the federal government demand a two-party solution, with compromises agreed to by both sides,” Problem Solvers Caucus co-Chair Brian Fitzpatrick (R-PA) said.

Discharge petitions rarely succeed, as the process is engulfed by a number of rules and time restrictions. A discharge petition can be used for a bill that has been in a committee for 30 legislative days, or if it has been pending in the Rules Committee for seven legislative days.

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Once a lawmaker introduces the discharge petition and if it reaches the 218 House vote threshold, the motion must sit on the calendar for at least seven legislative days before informing the House the motion is intended to be brought to the floor. The speaker would then determine the time for consideration within two legislative days after the member brings forward the discharge motion intent.

Though a rare move, the discharge petition has been employed a number of times in Congress, peaking in use in the 1990s and early 2000s by forcing votes on bills from campaign finance reform to constitutional amendment attempts.