Former Senator Critical of House Leadership's Proxy Rule

 Former 8-year Oklahoma Republican Senator, Don Rubottom weighed in on yesterday's historic move of the Oklahoma House of Representatives, declaring an emergency and authorizing proxy voting.
  The SoonerPolitics Facebook group is a social media site devoted to a discussion of news & issues printed in the SP media site.
  Don Rubottom's initial reaction to the legislature's unprecedented proxy rule was met with an engagement by members of the House leadership. The primary engagement came from the powerful Majority Floor Leader, Jon Echols, followed by Judiciary Chair, Chris Kannady.

I've posted up a journal of the dialogue from these political leaders. A few other comments were also included in the journal, but I was hesitant to add  comments from private citizens unless it is particularly substantive.

At the 2015 SRLC; OKGOP Chair, Randy Brogdon, welcomed fellow senate alumni, Don Rubottom back to Oklahoma

• Richard Harris Proxy voting by the legislature is tantamount to taxation without representation.
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    Don Rubottom It is gutless.

    nage
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    Jon Echols Don Rubottom gutless is working for a legislature (where you work in Florida) that is adjourning and not coming back at all until after the situation passes and then daring to take shots at people who planned ahead and can still have a functioning government no matter how bad it gets.
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    Don Rubottom Jon Echols see below. You are the ignorant one.
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    Jon Echols Don Rubottom you mean below where I posted hard facts to show what you are saying is wrong.
    
    Don I’m done. I’ll keep protecting Oklahomans. Please I’m begging you, look at what is happening in Florida. That should be your main concern. It is not good right now.

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part 2

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  Don Rubottom Too bad soldiers and firemen can't stay home and use proxies.
  Someone has to represent the people. If these don't have enough courage, they should resign.
  How dictatorships become established: by republican institutions staying home.

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    Jon Echols Don Rubottom this is possibly the most ignorant statement I have heard on Facebook. And that is saying a lot.
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    Christopher L. Kannady Jon Echols yes there is a treasure trove of ignorant statements here. You know I was on military orders yesterday and came to the Capitol to see my colleagues in the House casting votes to deal with this situation. Keyboard warriors like Don Rubottom love to criticize because they never served in the military, the legislature or even now live in this State that we have taken an oath to protect.
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    Jon Echols Christopher L. Kannady well said. In addition to the Florida legislature that Don works for adjourning sine die and announcing they will come in again after the crisis passes, Florida’s current mortality rate for COVID-19 is just under double the national average.
    
    Government should always be watched and watched closely, but we don’t need people from Florida who have a hard time handling their own state telling Oklahomans what to do.
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    Don Rubottom I have strong convictions that sworn public officers ought to fulfill their duties at risk to their own health. I have served in the Oklahoma Senate 8 years, been on staff at the Florida House for 23 years. I have a little better understanding of parliamentary law and duties than the average facebook troll. One man's ignorance is another man's insight.
    Tell me what happens if 40 Republicans give their proxy to the Speaker and 40 Democrats show up to out vote the Republicans on procedural motions, obstructing the ability to pass laws.
    Allowing members to give their proxies to other members and letting someone else exercise their constitutional vote is to nullify the representation of the one not voting.
    This is not ebola. This is not a nuclear bomb. This is not "emergency" that prevents normal legislative action. This is a bad cold that is very dangerous to the very weak. the very weak should resign and let more healthy members serve. The strong should weather the storm and serve fearlessly. By such "rules" a guy like Jim Inhofe can keep serving from the nursing home's memory unit so long as voters are dumb enough to vote for the frail and invalid. It is bad for representative government. Bad for the separation of powers. Bad for our republic to have legislators NOT assemble, NOT debate face to face, and NOT actually vote knowingly on the questions presented, but merely to let someone else do it for them. I strongly disapprove based on an understanding of how our system is supposed to work..
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    Don Rubottom If they don't want to do their job, they should invite the Governor to rule in their place through broad emergency powers. Proxie voting is chickensh!t voting.
    Now, please tell me of what I am ignorant in the discussion.
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    Don Rubottom Christopher L. Kannady Glad you are not ignorant of my public service. Because ignorance is a terrible thing to waste.

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    Jon Echols Don Rubottom your states death rate is double the national average. Attitudes like yours contribute to it.
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    Don Rubottom Jon Echols you do not know Florida's calendar. The regular session was scheduled to end Friday. They worked until midnight. They only have the budget to vote on and they return tomorrow, at risk to themselves, to vote on the budget. Then Florida's legislative work will be done. They are likely to return in June when more is known of the fiscal situation, but they will not send proxies to do their jobs. I can't believe people active on Sooner Politics think that proxy voting is good for representative government.

    Manage
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    Jon Echols Don Rubottom you also cannot seem to make an argument without cussing. Usually the resort of someone who knows they are wrong.
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    Jon Echols Don Rubottom I know Florida’s calendar well as I know your Speaker well.
    
    Bottom line is you are throwing stones from the cheap seats. You are pushing to put Oklahomans lives at risk from your safe space in Florida.
    
    Solve your own states mortally rate then come talk to us in Oklahoma.
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    Don Rubottom Jon Echols Florida did not do much testing before this week. With no testing, you do not have the numbers to show the death rate because most infected people are not known positive. Oklahoma's turn is coming. We have no known cases within 5 counties of Tallahassee, but we are not hitting the restaurants one night and then telling people not to the next day.
    But your Governor's emergency jacket is really cool.
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    Jon Echols Don Rubottom the link below shows your facts are wrong. Stop while you are behind.
    
    https://experience.arcgis.com/.../0e8ccb659c804924b72ddc8...
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    Jon Echols Don Rubottom 50 state real time break down plus two territories and cruises.
    
    Some of us are actually paying attention to what is really happening.
    
    Just stop Don. You don’t know what you are talking about.
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    Christopher L. Kannady Don Rubottom but yet you waste it by starting this conversation by calling us gutless. Of course I continue to serve so that you have that right. I am happy to do so.
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    Don Rubottom Jon Echols your are correct that I do not respond well to accusations of ignorance. I attacked an idea and was attacked for being me. FB at its best. Kind of like proxy voting.
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    Jon Echols Don Rubottom I’m done. I hope you have an excellent day and you and yours stay safe.
    
    I’ll amend my post calling you ignorant. I don’t want to stoop to that level of name calling. Outside of my character.
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    Christopher L. Kannady Jon Echols but not his.
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    Don Rubottom Christopher L. Kannady forgive my cutting right to the chase. People are looking for leadership, not proxies. Thank you for pointing out my undiplomatic approach. I regret not making my points without the ad hominem.
    The Florida House had 116 of 120 members present and voting to finish their business Friday night. We expect a bare quorum tomorrow to approve the budget, but there is nothing else the members can do because the final budget has to be printed for 72 hours and there is very broad agreement. Florida House allows members to record how they would have voted if they had been present, but such vote does not count toward passage. Speaker is granting liberal excuses tomorrow. But our members have completed their work for all purposes except mere adoption of the Conference Report and final passage.
    They may have to return, and we will assemble a quorum if that is necessary. Service entails sacrifice.
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  Jon Echols Proxy voting would only be used to do something like pass a necessary emergency measure or a budget in a time where getting a group of 250 people together would put the public at risk.
  
  By way of example even though around 25 people were absent yesterday, it was not used because the situation did not call for it.

part 3

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  Tom Gaskins Please explain Rule 15 for everyone.
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    Jon Echols Tom Gaskins thanks for asking. The article does a pretty good job describing it but I’ll go into a little more detail.
    
    We are at adjournment to a call of the Chair, not sine die. Currently a group the size of the legislature meeting is a public health risk. Not according to me, but according to everyone from the CDC to the President.
    
    However, we still may need to 1. Pass emergency measures to assist in the pandemic and 2. Pass a budget.
    
    In the event one of those two things were to need to happen, and members were either quarantined or it was unsafe to gather that many people (think Italy or New York currently) we could use rule 15.
    
    Rule 15 would allow a member to give their proxy for a specific vote on a specific bill to the Majority whip, or if the Majority whip goes down another member of the Speakers choosing, and that member could cast votes and constitute a quorum. Assuming they had enough proxies.
    
    It is called Rule 15 because we have 14 rules. And Rule 15 would not be in next sessions rules and in fact self terminates at sine die.
    
    It is a contingency plan no one wants to use. However, if necessary, it could be used to ensure government continues to function.
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    Tom Gaskins Thank you for the explanation. I would hope you guys would be shut down for at least three weeks.
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    Jon Echols Tom Gaskins Rule 15 will not be used to pass normal non emergency measures. If we are taking up non emergency measures (which I hope we still do) that means travel to and from the Capitol and the large group that meets is not a public health risk. Therefore there would be no reason to invoke Rule 15.
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    Tom Gaskins Appreciate you guys. Thank you
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    Jon Echols Tom Gaskins I agree with you. I think we will be shut down for at least three weeks. The only exception would be some serious need the government had that could not be handled by executive order. And if that were to happen (which I pray it doesn’t), we will be glad we had the foresight to adopt Rule 15.

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    Don Rubottom Jon Echols what if the Whip or Speaker does not like the way the proxy voter is voting? What if the bill is amended after the proxy gives direction? If you don't have a quorum present, how does a majority return a bill to conference or cut off debate? May as well just let the Speaker make all decisions for the body.
    The highest priority motion is to adjourn. If a quorum is not present, the body's power over itself is null. If a quorum is present, proxies are not necessary. They are mostly used to let members take credit for a vote they did not appear to cast. Literally, "mailing it in".
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  Don Rubottom I just read HR 1032 and HR 1033. The new rule does NOT specify what kind of emergency, thus, a "constitutional majority" (is that 51 or a majority of current members?) can waive their responsibilities on any pretense. In fact, I can't see why they did …See More
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    Jon Echols Don Rubottom here is a deal. I’ll save your post saying COVID-19 is no big deal.
    
    You save mine saying we will only use Rule 15 in case of an emergency.
    
    Let’s talk again in two months and see who is right.
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    Jon Echols Don Rubottom by the way, you said there was no threat in Oklahoma. Do you really not know that there has already been one confirmed case in the Oklahoma state senate?
    
    Or is this your COVID-19 is nothing to worry about move along angle?
    
    Not trying to be argumentative here. I really am trying to understand.
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    Don Rubottom Nope, not saying it is not a big deal. The level of risk is important. But Oklahoma could recess for two weeks, ask members to quarantine and be tested before returning. There are ways to proceed. You have about 9 weeks to complete your work. Turning t…See More
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    Jon Echols Don Rubottom here is where we agree. It is a dangerous precedent that needs to be watched closely.
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    Don Rubottom I don't see it as nothing to worry about. SImply hoping for courage from leaders. I gave grocery gift cards to my favorite restaurant staff and hair stylists yesterday because this is very serious and will cost many people many weeks' wages.
    I do not say that Rule 15 will not make it easier to pass laws. I do not say it will not relieve you of much more challenging ways to do your job. I am saying it is contrary to the design of our institutions. I am saying it will result in many more compromises, not recognizing valid motions, temptations to the minority to show up and take over the House, any number of unanticipated problems that would be regrettable. Better to sequester the House than to let it disperse leaving a few to represent all.
    Better to just pass an emergency powers law and let the Governor govern without you.
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    Don Rubottom I recommend that you have 51 reliable Republicans present at all times if you wish to exercise the responsibilities of the majority.
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    Don Rubottom Remember, Rome had a Senate for centuries after it became an Empire. But it was worthless except for organizing assasinations.

David Van & Chris Medlock reunited with former Conservative Oklahoma Senator, Don Rubottom, at the 2015 SRLC.

About Senator Don Rubottom:
  Don is an old friend of mine, ever since he knocked on my door in 1988, asking me to vote for him in the upcoming SD35 primary.
  In 1994, Don managed the campaign of Steve Largent for congress. In 1996 Don chose not to seek a 3rd term. He was then asked to serve the new Republican Speaker(Daniel Webster) of the Florida House, as his chief of staff. Don also was sought by Marco Rubio, when Rubio became Speaker of the Florida House.
  Don has subsequently served as an officer of the Florida Legislature and played a key strategic role in the 2000 Bush v Gore recount legal battle.
  Five years ago, Don visited Oklahoma in a high profile way, assisting his personal friend Jeb Bush; at the SRLC presidential event. 
  Don is a sharp mind on constitutional matters and does not lack for self confidence. CNN's Jake Tapper's book detailed the impact Rubottom had in the Bush legal team's successful battle over how to count the ballots in GW Bush's slim victory margin.
  Rubottom has been an international consultant to emerging democracies, regarding parliamentary structures.

Dr. George Tsereteli, Deputy Chairman of Parliament, with Don Rubottom. — at Parliament Builiding, Tbilisi, Georgia.