Why discharge petitions are gaining traction in today’s House

A group of House Republicans just went rogue.

After House leadership signaled they wouldn’t allow a vote on a bipartisan fix to the expiring Affordable Care Act (ACA) enhanced premium tax credits, four Republicans took matters into their own hands.

Reps. Brian Fitzpatrick, Rob Bresnahan, Ryan Mackenzie, and Mike Lawler – a No Labels National Leader – joined with all House Democrats to force a vote on extending the ACA subsidies.

They used a “discharge petition” to force the vote, a procedure that was once rare but has been picking up steam this year. Here’s how it works, and why it may be the solution to partisan divides in Congress:

What Is A Discharge Petition?

Any member of Congress can introduce legislation, but that doesn’t guarantee it’ll receive a vote. Ultimately, the Speaker of the House determines which bills get voted on; and he or she ensures only legislation aligned with the party’s agenda have a chance to pass.

Most legislation never sees the light of day. This year alone, for example, over 8,000 bills were introduced in the House; just over 500 ever received a vote. It’s even worse for legislation written by the minority party: only 100 Democratic-sponsored bills received a vote.

The discharge petition flips that dynamic on its head. It’s a written petition that forces the Speaker to hold a vote if a majority – 218 members – sign the petition.

Any member from any party can introduce and sign onto discharge petitions. The signatures are posted online, so party leaders and members of the public can pressure members to sign or not sign the petition.

While the process is mostly straightforward, there are a couple of procedural quirks. A member can’t file a discharge petition for a bill until 30 legislative days after the bill is introduced, for example. And once a petition gets 218 signatures, the Speaker can stall for up to nine legislative days. The latest discharge petition on the ACA subsidies, for example, won’t come up for a vote until January because the House is currently home for the holidays; no “legislative days” pass while the House is out of town.

The Discharge Petition Renaissance

The ACA petition is the fourth to reach 218 signatures or get “discharged” this year, an unprecedented figure.

This surge is historically significant. Dating back to 1935, the record for discharge petitions reaching 218 signatures in a single two-year Congress is six. This Congress is close to that mark already, and we’re not even halfway through the term.

Just 13 discharge petitions have been filed so far, and four have successfully reached 218 signatures, giving this Congress the second-highest rate (31%) on record. And about 15% of petitions filed this term have gone on to pass the House, placing it fourth all-time; if the ACA subsidy extension passes, that success rate would jump to second-best.

There’s a simple reason for why discharge petitions are at historic highs right now: the House majority is razor-thin. If all Democrats sign on to a discharge petition, they only have to sway four Republicans to reach 218. Compare that to the beginning of President Trump’s first term when Democrats would have had to convince 24 Republicans to break ranks; no wonder there were no successful petitions that year.

Notable Discharge Petitions

This year has already seen two blockbuster discharge petitions pass the House:

  • Thomas Massie’s petition to release the Epstein Files
  • No Labels National Leader Rep. Jared Golden’s petition to restore collective bargaining rights for most federal employees

If it’s successful, the bill to extend the ACA subsidies could join the list of the most noteworthy legislation passed by a discharge petition. It would join legislation like:

And although it failed to reach the 218 threshold, a 1964 discharge petition was credited for pressuring the House Rules Committee into allowing a vote the landmark Civil Rights Act.

The New Normal?

House majorities are likely to stay narrow. Fewer competitive districts and deeper polarization will make it harder for either party to build large, durable majorities. At the same time, party leaders will have stronger incentives to block bipartisan bills rather than risk angering their base.

That means many proposals with broad, bipartisan support could get stuck on the sidelines. In that environment, discharge petitions may become a more regular feature of House politics rather than a rare exception.

For members For members who want results – not gridlock – they offer a way to force votes when leadership won’t act. If Congress remains closely divided, lawmakers who put problem-solving ahead of party politics, like No Labels’ allies, may increasingly see discharge petitions as one of the few tools left to get things done.