The Philadelphia lawmaker’s pending arrest sparked a partisan row in the Pennsylvania House of Representatives on Wednesday, as GOP leaders argued that Democrats should not be allowed to continue voting on his behalf.
Philadelphia police and the district attorney’s office confirmed Tuesday that an arrest warrant has been issued for Democratic state Rep. Kevin Boyle on suspicion of violating a restraining order against Boyle taken out by his ex-wife.
But as of Thursday afternoon, Boyle was still not in police custody, spokesmen for the district attorney’s office and police said, without providing any other details.
On the House floor Wednesday afternoon, Minority Leader Bryan Cutler (R-Lancaster) unsuccessfully challenged Speaker Joanna McClinton’s (R-Philadelphia) ruling that the absent Boyle’s vote would still be counted.
Under House rules, lawmakers who are absent from the chamber can appoint their party’s whip to vote on their behalf. Cutler said McClinton’s ruling that a nomination stands when a lawmaker is out of touch with party leaders or “may be dead” is an “absurd interpretation of the rules.”
“To avoid this, it would be enough to send this good gentleman on leave. I think this calls into question how his vote can be properly cast on legislation, constitutional amendments or proposals? “I think this calls into question the entire constitutionality of the current remote voting system,” Cutler said.
With two House lawmakers on vacation and a third seat vacant following the resignation of Republican Joe Adams (R-Pike/Wayne) in February, removing Boyle from the roll call would not erase Democrats’ narrow lead in the House. Republican Jeffrey Olsommer and Democrat Roberta Skibber are running in Tuesday’s special election to fill the position The seat of the 139th District.
If Republicans win the district, which is clearly in their favor, and Boyle is placed on leave, it would return the House to a 101-101 split.
Speaking to reporters, GOP leaders said the decision continued the misuse of House Rules to block Republican amendments and allow Democrats to avoid questions about the legislation.
“For them to maintain the majority and secure votes is just another abuse of the House,” Cutler said.
Boyle is open about his mental health issues, Majority Leader Matt Bradford said. Boyle was arrested in 2021 for violating an anti-molestation order issued by his then-wife, prompting former Gov. Tom Wolf to call for his resignation. In February, a video of a drunk Boyle appeared on social media threatening to close a bar in Montgomery County after he was asked to leave.
Kevin Boyle’s older brother, U.S. Rep. Brendan Boyle (D-2nd District), said his legal problems stem from a mental health condition that “has been a nightmare for the family.”
“Like any family whose loved one has a serious health condition, we are doing everything we can to help him or her recover,” said Brendan Boyle.
House Democratic leaders said Wednesday that voting by designation is a long-standing practice in the lower chamber.
“That said, the House is currently dealing with unique and sad circumstances and will respond accordingly,” Democratic leaders said in a statement.
“Debauchery. Boyle desperately needs help, not partisan performative politics. Rest assured that the State House will soon take appropriate, compassionate and positive steps to address this matter without theatrics, bias and delay,” the statement read.
Boyle is seeking re-election to an eighth term in the House of Representatives and faces a primary challenge from Sean Dougherty, the nephew of former Philadelphia labor leader John Dougherty, who has the support of the Democratic Party.
House Republican leaders said continuing to count Boyle’s votes, even in a session without controversial legislation, would harm his voters.
“The fact is that each of us was elected to office representing 64,000 voters, and regardless of the challenges Representative Boyle faces at this time, we all know that he currently represents no one,” said Minority Whip Tim O’Neal (R- Washington).
Rep. Martina White (Philadelphia) stated that her district in Northeast Philadelphia borders Boyle’s and that her constituents called her office because no one was answering the phone at Boyle’s district office.
“They care so much about the citizens of Pennsylvania,” White said.
(This article was updated at 1:30 p.m. on Thursday, April 18, 2024 to say Kevin Boyle MP remains at huge.)
