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Discharge petition guide

What is a discharge petition?

A discharge petition lets House members bypass a committee to bring legislation to the floor. It needs 218 signatures to unlock a process that can force House consideration, even without support from party leaders.

The petition does not pass a bill. It starts a path around a committee that has not acted. House Rule XV sets waiting periods and requires further votes.

Who can sign a discharge petition?

Only voting House members can sign. Senators, members of the public, delegates, and the resident commissioner cannot sign a House discharge petition. This is not a public petition that voters sign online.

The threshold is 218 signatures, a majority of the House’s 435 seats. Vacancies and absences do not lower it. A petition with 217 signatures cannot advance through this procedure.

Members can add or remove their names until the petition reaches 218 signatures. At 218, the list freezes. The House Clerk’s discharge petition list shows public signature records.

How does a discharge petition work?

  1. A bill stays in committee for at least 30 legislative days without a committee report.
  2. A House member files a discharge petition with the Clerk.
  3. Once 218 members sign, the Clerk places the discharge motion on the Calendar of Motions to Discharge Committees.
  4. After seven legislative days on that calendar, a signer can announce an intention to offer the discharge motion.
  5. The Speaker must then schedule consideration within two legislative days.
  6. The House debates the discharge motion for 20 minutes, then votes on it.

A legislative day starts when the House meets after an adjournment and ends when it next adjourns. These are not calendar-day deadlines. The House cannot take up a discharge motion during the last six days of a session.

The Congressional Research Service guide to discharge procedure explains the rules and timing.

Why do some petitions target the Rules Committee?

Members often target a special rule instead of the bill itself. A special rule sets the terms for House debate and amendments on a bill. This route lets supporters propose those terms.

The special rule must wait in the Rules Committee for at least seven legislative days before a discharge petition can start. The underlying bill must have spent 30 legislative days in committee, or its committee must already have reported it. The petition still needs 218 signatures and the later waiting period.

Does reaching 218 signatures guarantee passage?

No. Signatures unlock the discharge process, not an immediate vote on final passage. The House must still approve the discharge motion. For a bill, a signer can then move to consider it. For a special rule, the House considers the rule immediately and must adopt it to follow its terms.

A member can sign the petition to support debate but vote against the bill later. Even House passage does not make a bill law. The bill-to-law guide explains the Senate and presidential steps.

Check the signature, then follow the vote

A petition signature is not a roll-call vote. Check the Clerk’s list for signatures. Use the representative vote guide to find official vote records. Read the question on each roll call to distinguish a discharge vote from final passage.

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