LINCOLN, Neb. (KMTV) — Rep. Jeff Fortenberry, R-Neb., might not be telling congressional administrators the whole truth about why someone else is casting his votes in the U.S. House.
Fortenberry is in Los Angeles this week for his trial in U.S. District Court on felony criminal charges of lying to or misleading federal investigators about foreign funds raised for his campaign, which is illegal.
In a letter Tuesday to the Clerk of the House, Fortenberry wrote that he would be “unable to physically attend proceedings in the House Chamber due to the ongoing public health emergency.”
The congressman is not sick with COVID-19, nor is he claiming to be, Fortenberry’s chief of staff, Andy Braner, said in an email responding to a reporter’s questions.
COVID-19 is the only reason House rules let members pick someone to vote on their behalf by proxy. Fortenberry, in his letter, handed responsibility for his vote to Rep. John Moolenaar of Michigan.
Braner wrote that many members submit similar letters “to navigate COVID effects on a variety of scheduling conflicts. This isn’t something abnormal.”
Fortenberry’s chief of staff, Braner, wrote, “As Mr. Fortenberry’s trial was delayed due to the COVID shut down of the California courts, the speaker’s office allowed for Mr. Fortenberry to vote proxy during this time.”
House Speaker Nancy Pelosi’s office disagreed when the Nebraska Examiner asked Thursday whether the statement was true.
“No,” said Drew Hammill, a spokesman for Pelosi. “The statement implies that there was a special dispensation given (by the Speaker), and that is not accurate.”
Pelosi’s office did not evaluate Fortenberry’s letter, nor does it approve or deny any members’ reasons for asking a colleague to vote on their behalf, Hammill said.
Such letters are handled by the Clerk of the House. The Clerk’s Office on Thursday said it receives the letters and seeks no additional explanation from members for why they need a proxy voter.
Hammill, the Speaker’s spokesman, said hundreds of members in Congress have cast votes by proxy since the system started in 2020.
Members must communicate directly with the colleague voting on their behalf, rather than communicating through staff.
The House’s top Republican, Minority Leader Kevin McCarthy of California, has criticized proxy voting, citing the system’s “glaring flaws and potential for abuse.”
Fortenberry’s office says the congressman continues to represent Nebraska’s 1st Congressional District, which includes Lincoln, Bellevue and much of eastern Nebraska outside of Omaha.
His trial continues Friday in Los Angeles. Fortenberry faces a GOP challenge in the May 10 primary election from former Speaker of the Legislature Mike Flood. Flood’s campaign declined to comment.
Nebraska Examiner senior reporter Paul Hammel contributed to this report.
Nebraska Examiner is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Nebraska Examiner maintains editorial independence. Contact Editor Cate Folsom for questions: info@nebraskaexaminer.com. Follow Nebraska Examiner on Facebook and Twitter.
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