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Pennsylvania House Democrats are proposing a process to determine if state representatives are “incapacitated” and to sanction or expel them. This follows criticism after one member, Rep. Kevin Boyle, voted remotely while being sought on charges of violating a restraining order. Majority Leader Matt Bradford’s resolution would create a group of five House leaders to determine if a representative is physically or mentally impaired and unable to perform their duties.

Boyle, a Philadelphia Democrat, faces an arrest warrant for the alleged restraining order violation, but is not in custody. He previously lost his committee chairmanship and Capitol access after an incident at a bar where he was rude to staff and appeared intoxicated. His status is important for the House’s power balance, with a special election coming up for a Republican-leaning district. Republican leaders have criticized Democrats for allowing Boyle to vote remotely to maintain their majority, and are calling for him to be stopped from voting until the issue is resolved.

In response to Boyle’s situation, Republican lawmakers in Pennsylvania are also proposing changes to House rules. Rep. Charity Grimm Krupa is working on a proposal to prevent anyone with an active arrest warrant or who is incarcerated from voting remotely. Rep. Martina White has received calls from Boyle’s constituents because his office has not been responsive. Boyle, who is facing a primary opponent, has had legal issues in the past, including charges of harassment and violation of a protection from abuse order that were dropped.

Bradford’s proposal would allow targeted lawmakers to participate in an inquiry, conducted by House leaders and medical professionals, to determine if a member is incapacitated. The group would have the power to restrict the member’s privileges, suspend them without pay, or expel them with a vote from the full House. Lawmakers who have completed treatment could request to have their powers reinstated. The process would be done in secret and include subpoena power.

The proposal has garnered criticism from Republican leaders, who see it as a complicated solution to a simple problem. Minority Leader Bryan Cutler accused House Democrats of using Boyle’s situation to maintain their majority, calling it “shameful.” The House is set to return to session on April 29, and the issue of voting remotely while facing legal issues is likely to continue to be a point of contention between Democrats and Republicans in Pennsylvania.

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