Editorial: General Assembly should have clear rules on what constitutes a valid vote by legislators

On June 1, 2019, the votes of state Rep. Allen Skillicorn on two dozen bills and resolutions that came before the House that day were placed into the legislative record, and the East Dundee Republican was listed as present at the 12:15 p.m. roll call. But Skillicorn was nowhere near Springfield at noon on June 1. He had attended the Harvard Milk Days Parade more than 200 miles away that morning and didn't make it to Springfield, he now says, until sometime after a 3 p.m. recess.

So, how to explain the discrepancy, which would suggest a serious breach of legislative rules that require state representatives and senators to be on the floor of their respective houses when they issue a vote on a measure?

An Illinois inspector general's report and an apology from Skillicorn carefully skirt a direct answer to that question. Legislative Inspector General Carol Pope simply found that a formal complaint that Skillicorn was not present for the votes was "substantiated." Skillicorn himself merely acknowledged a "mistake," without directly explaining what the mistake was or how it was made.

"It was a mistake, and we as a legislative body should clearly define what the protocol should be so that the rules are clear and mistakes like this will not be made," he said in a prepared statement.

Skillicorn has filed a letter with the House clerk correcting the record, but his statement nine months after the fact implies that there is some confusion among lawmakers about what constitutes "protocol" for a vote that is supposed to be made in person on the floor of the House.

The expectation seems pretty clear, but Pope said her inquiry found it is common for lawmakers to ask a seat mate or staff member to flip their voting switch for them if they need to temporarily step away. Whether even that practice satisfies "protocol" is a reasonable question. Pope is surely correct to note that lawmakers should not be allowed to ask someone to vote in their place while they are absent or out of town. Can they step outside for a bathroom break and have a staff member cast their vote? Where, then, between the carpet of the House or Senate floor and a parade 200 miles away is an acceptable distance from the voting switch?

In her statement, Pope said rules exist but many lawmakers have not "totally familiarized themselves with the particulars." She said she will call for a written protocol to be given to legislators and staff "so there is no question about the procedures to be followed when a member is going to be absent." Skillicorn said he "strongly supports" that suggestion. The rest of the General Assembly should, too, for if Pope is correct, any other lawmaker might well look at his situation and issue the famous admission that "there but for the grace of God go I."

Falsifying the official legislative record is a serious infraction. A written policy on the voting rules would help ensure that no lawmaker commits it - and that if one does, there will be no question about what "mistake" occurred.