[106th Congress House Rules Manual -- House Document No. 106-320]
[From the U.S. Government Printing Office Online Database]
[DOCID:hrulest-77]
[Page 770-794]
[[Page 770]]
Rule XX
voting and quorum calls
1. (a) <> The House shall divide after the Speaker has put a question to
a vote by voice as provided in clause 6 of rule I if the Speaker is in
doubt or division is demanded. Those in favor of the question shall
first rise from their seats to be counted, and then those opposed.
(b) If a Member, Delegate, or Resident Commissioner requests a
recorded vote, and that request is supported by at least one-fifth of a
quorum, the vote shall be taken by electronic device unless the Speaker
invokes another procedure for recording votes provided in this rule. A
recorded vote taken in the House under this paragraph shall be
considered a vote by the yeas and nays.
This provision (former clause 5(a) of rule I) was adopted in 1789 and
its present form reflects the revisions and amendments of 1860, 1880
(II, 1311), 1972 (H. Res. 1123, Oct. 13, 1972, pp. 36005-08), and 1993
(H. Res. 5, Jan. 5, 1993, p. 49). From January 22, 1971 (when H. Res. 5
of the 92d Congress was adopted incorporating provisions in the
Legislative Reorganization Act of 1970, 84 Stat. 1140), until October
13, 1972, this rule provided a two-step procedure for ordering ``tellers
with clerks'' prior to installation of the electronic voting system, and
for the first time permitted Members to be recorded on votes in
Committee of the Whole. The last two sentences of this paragraph
permitting a single-step ``recorded vote'' and voting by means of
electronic device installed in the Chamber in 1972, were contained in a
House resolution on October 13, 1972, and were made effective by
adoption of the rules of the 93d Congress (H. Res. 6, Jan. 3, 1973, p.
26). The general provision for demanding a vote by tellers was repealed
in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49). The provision
providing that a recorded vote taken pursuant thereto shall be
considered a vote by the yeas and nays was added in the 105th Congress
(H. Res. 5, Jan. 7, 1997, p. ----). Before the House recodified its
rules
[[Page 771]]
in the 106th Congress, this provision was found in former clause 5(a) of
rule I (H. Res. 5, Jan. 6, 1999, p. ----).
One of the suppositions on which parliamentary law is founded is that
the Speaker will not betray his duty to make an honest count on a
division (V, 6002) and the integrity of the Chair in counting a vote
should not be questioned in the House (VIII, 3115; July 11, 1985, p.
18550), and the Chair's count of Members demanding a recorded vote is
not appealable (June 24, 1976, p. 20390). A vote by division takes no
cognizance of Members present but not voting, and consequently the
number of votes counted by division has no tendency to establish a lack
of a quorum (June 29, 1988, p. 16504).
In a full House (total membership of 435), a recorded vote is ordered
by one-fifth of a quorum (44), but in Committee of the Whole a recorded
vote is ordered by 25 (clause 6(e) of rule XVIII), rather than 20 in
both cases as in prior practice (V, 5986; Dec. 20, 1974, p. 41793). The
former right to demand tellers was not precluded by the fact that the
yeas and nays had been refused (V, 5998; VIII, 3103), that a point of no
quorum has been made against a division vote on the question on which
tellers were requested (VIII, 3104), by a point of no quorum and a call
of the House following a division vote on the question on which tellers
were demanded (Sept. 25, 1969, p. 27041), or by the intervention of a
quorum call following the refusal of the Committee of the Whole to order
a recorded vote (Feb. 27, 1974, p. 4447). However, only one request for
a recorded vote on a pending question is in order (Jan. 21, 1976, p.
508), and a demand for a recorded vote cannot interrupt a vote by
division which is in progress (June 10, 1975, p. 18048). While a request
for a recorded vote once denied may not be renewed, the request remains
pending where the Chair interrupts the count of Members standing in
favor of the request in order to count for a quorum pursuant to a point
of order that a quorum is not present (Aug. 5, 1982, pp. 19658, 19659).
Recognition by the Chair for a parliamentary inquiry, or remarks uttered
without recognition, immediately following the Chair's announcement of a
voice vote on an amendment is not such intervening business as to
prevent a demand for a recorded vote thereon where the Chair has not
announced the final disposition of the amendment (May 23, 1984, p.
13928; July 26, 1984, p. 21249; June 10, 1998, p. ----). Where a
division vote is demanded on a proposition in the House and the vote
thereon is then postponed pursuant to paragraph (b) of this clause, a
division may again be demanded when the question is put de novo on the
proposition as unfinished business (since a demand for a division may be
made by any Member), whereas a demand for the yeas and nays if refused
by the House may not be renewed (Mar. 18, 1980, p. 5739). Ordinarily,
however, only one demand for a vote by division on a pending question is
in order (July 26, 1984, p. 21259; June 29, 1994, p. 15206).
In Committee of the Whole, a request for a recorded vote on an
amendment once denied may not be renewed even where the absence of a
quorum
[[Page 772]]
is disclosed immediately following the refusal to order a recorded vote
(June 6, 1979, p. 13648; Oct. 25, 1983, p. 29227). A record vote may be
had in the House on a separate vote on an amendment adopted in the
Committee of the Whole by a division vote after a recorded vote has been
refused (May 13, 1998, p. ----).
Under <> the precedents recorded before the abolition of tellers, it was
the duty of the Member to serve as teller when appointed by the Chair
(V, 5987); but when Members of one side had declined, the second teller
was appointed from the other side (V, 5988) or the position was left
vacant (V, 5989). A Delegate could have been appointed teller (II,
1302). Where there was doubt as to the count by tellers, the Chair could
have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
this must have been done before the result was announced (V, 5993-5995;
VIII, 3098). The Chair could have been counted without passing between
the tellers (V, 5996, 5997; VIII, 3100, 3101).
(c) In case of a tie vote, a question shall be lost.
This provision was adopted in 1789. Before the House recodified its
rules in the 106th Congress, it was found in former clause 6 of rule I
(H. Res. 5, Jan. 6, 1999, p. ----).
2. (a) <> Unless the Speaker directs otherwise, the Clerk shall
conduct a record vote or quorum call by electronic device. In such a
case the Clerk shall enter on the Journal and publish in the
Congressional Record, in alphabetical order in each category, the names
of Members recorded as voting in the affirmative, the names of Members
recorded as voting in the negative, and the names of Members answering
present as if they had been called in the manner provided in clause 3.
Except as otherwise permitted under clause 9 or 10 of this rule or under
clause 6 of rule XVIII, the minimum time for a record vote or quorum
call by electronic device shall be 15 minutes.
[[Page 773]]
The permissive use of an electronic voting system was incorporated in
the Legislative Reorganization Act of 1970 (sec. 121; 84 Stat. 1140) and
was made a part of the standing rules in the 92d Congress (H. Res. 5,
Jan. 22, 1971, p. 144). The clause in its essential form was adopted the
next year (former clause 5(a) of rule XV) (H. Res. 1123, Oct. 13, 1972,
p. 36012). The electronic system was first utilized in the House on
January 23, 1973 (p. 1793).
A request that the voting display be turned on during debate is not in
order (Oct. 12, 1998, p. ----).
The Speaker inserted in the Record a detailed statement describing
procedures to be followed during votes and quorum calls by electronic
device and by the backup procedures therefor (Jan. 15, 1973, pp. 1054-
57). The Speaker may direct that a call of the House be conducted by an
alphabetical call of the roll by the Clerk where, in his discretion, he
does not utilize the electronic voting device (Mar. 7, 1973, p. 6699),
and pursuant to this clause and clause 6 (former clause 4 of rule XV)
the Speaker may, in his discretion, direct the Clerk to call the roll,
in lieu of taking the vote by electronic device, where a quorum fails to
vote on any question and objection is made for that reason (May 16,
1973, p. 15850). The Speaker declines to entertain unanimous-consent
requests to correct the Journal and Record on votes taken by electronic
device (Apr. 18, 1973, p. 13081; May 10, 1973, p. 15282; June 17, 1986,
p. 14038); and a recorded vote or quorum call may not be reopened once
the Chair has announced the result (June 15, 2000, p. ----). However,
the Speaker may announce a change in the result of a vote taken by
electronic device where required to correct an error in identifying a
signature on a voting card submitted in the well (June 11, 1981); and
the House by unanimous consent may permit the correction of the Record
and the Journal to delete a vote that was not actually cast (June 26,
2000, p. ----).
On a call of the House, or a vote, conducted by electronic device,
Members are permitted a minimum of 15 minutes to respond, but it is
within the discretion of the Chair, following the expiration of 15
minutes, to allow additional time for Members to record their presence,
or vote, before announcing the result (June 6, 1973, p. 18403; Oct. 9,
1997, p. ----), and since this clause is incorporated by reference into
clause 6 of rule XVIII (former clause 2 of rule XXIII), the Chairman of
the Committee of the Whole need not convert to a regular quorum call
precisely at the expiration of 15 minutes if 100 Members have not
appeared on a notice quorum call, but he may continue to exercise his
discretion under that clause at any time during the conduct of the call
(July 17, 1974, p. 23673). Since the Chair has the discretion to close
the vote and to announce the result at any time after 15 minutes have
elapsed, those precedents guaranteeing Members in the Chamber the right
to have their votes recorded even if the Chair has announced the result
(i.e., V, 6064, 6065; VIII, 2143), which predate the use of an
electronic voting system, do not require the Chair to hold open
indefinitely a vote taken by electronic device (Mar. 14, 1978,
[[Page 774]]
p. 6838), and in the 103d Congress the Speaker inserted in the Record
his announcement that, in order to expedite the conduct of votes by
electronic device, the Cloakrooms were directed not to forward to the
Chair individual requests to hold a vote open (Speaker Foley, Jan. 6,
1993, p. 106). In the 104th and 105th Congresses the Speaker announced
that each occupant of the Chair would have his full support in striving
to close each electronic vote at the earliest opportunity and that
Members should not rely on signals relayed from outside the Chamber to
assume that votes will be held open until they arrive (Speaker Gingrich,
Jan. 4, 1995, p. 552; June 10, 1998, p. ----); however, the Chair will
not close a vote while a Member is in the well attempting to vote (Feb.
10, 1995, p. 4385; June 22, 1995, p. 16814).
At the end of a 15-minute vote, after the electronic voting stations
are closed but before the Speaker's announcement of the result, a Member
may cast an initial vote or change a vote by ballot card in the well
(Speaker Albert, Sept. 23, 1975, p. 29850; Speaker Wright, Oct. 29,
1987, p. 30239). In 1975 Speaker Albert announced that changes could no
longer be made at the electronic stations but would have to be made by
ballot card in the well (Speaker Albert, Sept. 17, 1975, p. 28903). In
1976 Speaker Albert announced that changes could be made electronically
during the first 10 minutes of a 15-minute voting period, but changes
during the last 5 minutes would have to be made by ballot card in the
well (Speaker Albert, Mar. 22, 1976, p. 7394). In 1977 Speaker O'Neill
announced that changes could be made electronically at any time during a
vote reduced to five minutes under the rules (Speaker O'Neill, Jan. 4,
1977, pp. 53-70).
(b) When the electronic voting system is inoperable or is not used,
the Speaker or Chairman may direct the Clerk to conduct a record vote or
quorum call as provided in clause 3 or 4.
When the House recodified its rules in the 106th Congress, this
provision was added as a cross reference to the backup procedures found
in clauses 3 and 4(a) and to clarify the Chair's discretion to choose
either backup procedure (H. Res. 5, Jan. 6, 1999, p. ----). In the event
of a malfunction in the electronic voting system during a record vote,
the Chair may vacate the results of the electronic vote and direct that
the record vote be conducted by call of the roll under clause 3 of rule
XX (May 4, 1988, p. ----; Oct. 6, 1999, p. ----). The question whether
the electronic voting system is functioning reliably is in the
discretion of the Chair, who may base a judgment on certification by the
Clerk (Oct. 6, 1999, p. ----). For example, the Speaker continued to use
the electronic system, even though the electronic display panels were
temporarily inoperative, where the voting stations continued in
operation and Members were able to verify their votes (Sept. 19, 1985,
p. 24245; Feb. 10, 2000, p. ----). On the other hand, the Chair vacated
the results of an electronic vote and directed that the record
[[Page 775]]
vote be taken by call of the roll where there was a malfunction the
electronic display panel and the Chair could not obtain from the Clerk
verification that the vote would be recorded with 100 percent accuracy
(Oct. 6, 1999, p. ----).
-- 3. <> The
Speaker may direct the Clerk to conduct a record vote or quorum call by
call of the roll. In such a case the Clerk shall call the names of
Members, alphabetically by surname. When two or more have the same
surname, the name of the State (and, if necessary to distinguish among
Members from the same State, the given names of the Members) shall be
added. After the roll has been called once, the Clerk shall call the
names of those not recorded, alphabetically by surname. Members
appearing after the second call, but before the result is announced, may
vote or announce a pair.
The first form of this clause (former clause 1 of rule XV) was adopted
in 1789, and amendments were added in 1870, 1880, 1890 (V, 6046), 1969
(H. Res. 7, 91st Cong., Jan. 3, 1969, p. 35), and 1972 (H. Res. 1123,
92d Cong., Oct. 13, 1972, pp. 36005-012). Before the House recodified
its rules in the 106th Congress, this provision was found in former
clause 1 of rule XV (H. Res. 5, Jan. 6, 1999, p. ----). While this
clause permits the announcement of a ``live'' pair, the practice of
general pairs found in former clause 2 of rule VIII was deleted in the
106th Congress (H. Res. 5, Jan. 6, 1999, p. ----; see Sec. 1031, infra).
The names of Members who have not been sworn are not entered on the
roll from which the yeas and nays are called for entry on the Journal
(V, 6048; VI, 638; VIII, 3122).
Commencing in 1879 the Clerk, in calling the roll, called Members by
the surnames with the prefix ``Mr.'' instead of calling the full names
(V, 6047), but since the 62d Congress the practice has been discontinued
in the interest of brevity (VIII, 3121). The Speaker's name is not on
the voting roll and is not ordinarily called (V, 5970). When he votes
his name is called at the close of the roll (V, 5965). In case of a tie
which is revealed by a correction of the roll, he has voted after
intervening business or even on another day (V, 5969, 6061-6063; VIII,
3075). Where the Speaker through an error of the Clerk in reporting the
yeas and nays announces a result different from that actually had, the
status of the question is gov
[[Page 776]]
erned by the vote as recorded and subsequent announcement by the Speaker
of the changed result is authoritative, or he may entertain a motion for
correction of the Journal in accordance with the vote as finally
ascertained (VIII, 3162).
Under this clause, as under clause 6, the roll is called twice, and
those Members appearing after their names are called but before the
announcement of the result may vote or announce a ``live'' pair. Under
the former practice, prior to the amendment adopted on January 3, 1969,
a Member who had failed to respond on either the first or second call of
the roll could not be recorded before the announcement of the result (V,
6066-6070; VIII, 3134-3150) unless he qualified by declaring that he had
been within the Hall, listening, when his name should have been called
and failed to hear it (V, 6071-6072; VIII, 3144-3150), and then only on
the theory that his name may have been inadvertently omitted by the
Clerk (VIII, 3137). Under the former practice where the roll was called
by the Clerk, either before announcement of the result (V, 6064) or
after such announcement (VIII, 3125), the Speaker could order the vote
recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change his
vote on recapitulation if the result has been announced (VIII, 3124),
but errors in the record of such votes may be corrected (VIII, 3125). A
motion that a vote be recapitulated is not privileged (VIII, 3126). The
Speaker has declined to order a recapitulation of a vote taken by
electronic device (Speaker Albert, July 30, 1975, p. 25841).
The <> legislative call system was
designed to alert Members to certain occurrences on the floor of the
House. The Speaker has directed that the bells and lights comprising the
system be utilized as follows (Jan. 23, 1979, p. 701):
Tellers--one ring and one light on left. Since teller votes were
discontinued at the beginning of the 103d Congress, this signal is no
longer utilized.
Recorded vote, yeas and nays, or automatic record vote taken either by
electronic system or by use of tellers with ballot cards--two bells and
two lights on left indicate a vote by which Members are recorded by
name. Bells are repeated five minutes after the first ring. When by
unanimous consent waiving the five-minute minimum set by clause 9
(former clause 5(b)(3) of rule I) the House authorized the Speaker to
put remaining postponed questions to two-minute electronic votes, two
bells were rung (Oct. 4, 1988, pp. 28126, 28148).
Recorded vote, yeas and nays, or automatic record electronic vote to
be followed immediately by possible five-minute vote under clauses 8(c)
or 9 of rule XX or clauses 6(f) or 6(g) of rule XVIII--two bells rung at
beginning of first vote, followed by five bells, indicate that Chair
will order five-minute votes if recorded vote, yeas and nays, or
automatic vote is ordered immediately thereafter. Two bells repeated
five minutes after first ring. Five bells on each subsequent electronic
vote.
[[Page 777]]
Recorded vote, yeas and nays, or automatic roll call by call of the
roll--two bells, followed by a brief pause, then two bells indicate such
a vote taken by a call of the roll in the House. The bells are repeated
when the Clerk reaches the ``R's'' in the first call of the roll.
Regular quorum call--three bells and three lights on left indicate a
quorum call either in the House or in Committee of the Whole by
electronic system or by clerks. The bells are repeated five minutes
after the first ring. Where quorum call is by call of the roll, three
bells followed by a brief pause, then three more bells, with the process
repeated when the Clerk reaches the ``R's'' in the first call of the
roll, are utilized.
Regular quorum call in Committee of the Whole, which may be followed
immediately by five-minute electronic recorded vote--three bells rung at
beginning of quorum call, followed by five bells, indicate that Chair
will order five-minute vote if recorded vote is ordered on pending
question. Three bells repeated five minutes after first ring. Five bells
for recorded vote on pending question if ordered.
Notice or short quorum call in Committee of the Whole--one long bell
followed by three regular bells, and three lights on left, indicate that
the Chair has exercised his discretion under clause 6 of rule XVIII and
will vacate proceedings when a quorum of the Committee appears. Bells
are repeated every five minutes unless (a) the call is vacated by
ringing of one long bell and extinguishing of three lights, or (b) the
call is converted into a regular quorum call and three regular bells are
rung.
Adjournment--four bells and four lights on left.
Any five-minute vote--five bells and five lights on left.
Recess of the House--six bells and six lights on left.
Civil Defense Warning--twelve bells, sounded at two-second intervals,
with six lights illuminated.
The light on the far right--seven--indicates that the House is in
session.
Failure of the signal bells to announce a vote does not warrant
repetition of the roll call (VIII, 3153-3155, 3157) nor does such a
failure permit a Member to be recorded following the conclusion of the
call (June 9, 1938, p. 8662).
Before <> the
result of a vote has been finally and conclusively pronounced by the
Chair, but not thereafter, a Member may change his vote (V, 5931-5933,
6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered
``present'' may change it to ``yea'' or ``nay'' (V, 6060). However, a
vote given by a Member may not be withdrawn without leave of the House
(V, 5930).
When a vote actually given fails to be recorded during a call of the
roll (V, 6061-6063) the Member may, before the approval of the Journal,
demand as a matter of right that correction be made (V, 5969; VIII,
3143). However, statements of other Members as to alleged errors in a
recorded vote must be very definite and positive to justify the Speaker
in ordering a change of the roll (V, 6064, 6099). The Speaker declines
to entertain requests to correct the Journal and Record on votes taken
by electronic
[[Page 778]]
device, based upon the technical accuracy of the electronic system if
properly utilized and upon the responsibility of each Member to
correctly cast and verify his vote (Apr. 18, 1973, p. 13081; May 10,
1973, p. 15282). By unanimous consent the House may vacate proceedings
on a recorded vote conducted in the Committee of the Whole and require a
vote de novo where it is alleged that Members were improperly prevented
from being recorded (June 22, 1995, p. 16815).
When <> once begun
the roll call may not be interrupted even by a motion to adjourn (V,
6053; VIII, 3133), a parliamentary inquiry (VIII, 3132), a question of
personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the
time fixed for another order of business (V, 6056) or for a recess (V,
6054, 6055; VIII, 3133), or the presentation of a conference report (V,
6443). However, it is interrupted for the reception of messages and by
the arrival of the hour fixed for adjournment sine die (V, 6715-6718).
Incidental questions arising during the roll call, such as the refusal
of a Member to vote (V, 5946-5948), are considered after the completion
of the call and the announcement of the vote (V, 5947). The rules do not
preclude a Member from announcing after a recorded vote on which he
failed to answer, how he would have voted if present (Speaker Rayburn,
June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor
the practice permit a Member to announce after a recorded vote how
absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p.
1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp.
4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).
4. (a) <> The Speaker may
direct a record vote or quorum call to be conducted by tellers. In such
a case the tellers named by the Speaker shall record the names of the
Members voting on each side of the question or record their presence, as
the case may be, which the Clerk shall enter on the Journal and publish
in the Congressional Record. Absentees shall be noted, but the doors may
not be closed except when ordered by the Speaker. The minimum time for a
record vote or quorum call by tellers shall be 15 minutes.
This paragraph was adopted as part of the general revision of this
rule (former rule XV) which was required by the implementation of the
electronic voting system (H. Res. 1123, 92d Cong., Oct. 13, 1972, p.
36012). Before the House recodified its rules in the 106th Congress,
this provision
[[Page 779]]
was found in former clause 2(b) of rule XV (H. Res. 5, Jan. 6, 1999, p.
----). The Speaker, in his discretion, may direct that the presence of
Members be recorded by this procedure in lieu of using the electronic
system, or the Chair may, in his discretion, direct that a quorum call
be taken by an alphabetical call of the roll (Mar. 7, 1973, p. 6699).
The Chairman of the Committee of the Whole also may direct that a quorum
call be conducted by depositing quorum tally cards with clerk tellers,
rather than by electronic device or a call of the roll (July 13, 1983,
p. 18858).
Exercising his authority under this paragraph, the Speaker ordered the
doors to the Chamber closed and locked during a call of the House and
instructed the Doorkeeper to enforce the rule and let no Members leave
the Hall (Deschler's Precedents, vol. 5, ch. 20, sec. 6.3). This clause
does not give the Speaker the authority to lock the doors during a
recorded vote (June 11, 1997, p. ----).
(b) <> On the demand of a Member, or at the suggestion
of the Speaker, the names of Members sufficient to make a quorum in the
Hall of the House who do not vote shall be noted by the Clerk, entered
on the Journal, reported to the Speaker with the names of the Members
voting, and be counted and announced in determining the presence of a
quorum to do business.
This clause was adopted in 1890 (IV, 2905), but it merely formalized a
principle already established by a decision of the Chair (IV, 2895). It
was much in use in the first years after its adoption (III, 2620; IV,
2905-2907); but with the decline of obstruction in the House and the
adoption of clause 6 (former clause 4 of rule XV) of this rule the
necessity for its use has disappeared to a large extent. Before the
House recodified its rules in the 106th Congress, this provision was
found in former clause 3 of rule XV (H. Res. 5, Jan. 6, 1999, p. ----).
The Speaker may direct the Clerk to note names of Members under this
rule even on a vote for which a quorum is not necessary (VIII, 3152).
5. (a) <> In the absence of a
quorum, a majority comprising at least 15 Members, which may include the
Speaker, may compel the attendance of absent Members.
(b) Subject to clause 7(b) a majority of those present may order the
Sergeant-at-Arms to send
[[Page 780]]
officers appointed by him to arrest those Members for whom no sufficient
excuse is made and shall secure and retain their attendance. The House
shall determine on what condition they shall be discharged. Unless the
House otherwise directs, the Members who voluntarily appear shall be
admitted immediately to the Hall of the House and shall report their
names to the Clerk to be entered on the Journal as present.
The essential portions of this provision were adopted in 1789 and
1795, with minor amendments in 1888, 1890 (IV, 2982), and 1971 (H. Res.
5, 92d Cong., Jan. 22, 1971, p. 144). Later in the 92d Congress several
provisions of this rule, including this clause, were amended to reflect
the implementation of the electronic voting system (H. Res. 1123, Oct.
13, 1972, pp. 36005-12). The provisions relating to the call of the roll
by the Clerk were deleted. Calls of the House are now taken by the
electronic device unless the Speaker, in his discretion orders the use
of the alternative procedure in clause 2(b). Together with clause 7
(former clause 6(e)(2) of rule XV) this provision was further amended in
the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to conform to the
requirement in that provision that further proceedings under the call
shall be dispensed with unless the Speaker in his discretion recognizes
for a call of the House or a motion to compel attendance under this
paragraph. This clause must be read in light of clause 7 (former clause
6(e) of rule XV), which prohibits the point of order that a quorum is
not present unless the Speaker has put a question to a vote. Before the
House recodified its rules in the 106th Congress, this provision was
found in former clause 2(a) of rule XV (H. Res. 5, Jan. 6, 1999, p. ----
).
Under <> this rule
a call may not be ordered by less than 15, and without that number
present the motion for a call is not entertained (IV, 2983). It must be
ordered by majority vote, and a minority of 15 or more favoring a call
on such vote is not sufficient (IV, 2984). A quorum not being present no
motion is in order but for a call of the House or to adjourn (IV, 2950,
2988; VI, 680), and at this stage the motion to adjourn has precedence
over the motion for a call of the House (VIII, 2642).
While the following precedents predate the use of the electronic
voting and recording system, they are retained in the Manual because of
their general applicability with respect to calls of the House. A roll
call under paragraph (a) may not be interrupted by a motion to dispense
with further proceedings under the call (IV, 2992), and a recapitulation
of the names of those who appear after their names have been called may
not be de
[[Page 781]]
manded (IV, 2933). However, during proceedings under the call the roll
may be ordered to be called again by those present (IV, 2991).
During a call less than a quorum may revoke leaves of absence (IV,
3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but
may not grant leaves of absence (IV, 3002). The roll is sometimes called
for excuses, and motions to excuse are in order during this call (IV,
2997), but neither the motion to excuse nor an incidental appeal are
debatable (IV, 2999). After the roll has been called for excuses, and
the House has ordered the arrest of those who are unexcused, a motion to
excuse an absentee is in order when he is brought to the bar (IV, 3012).
An <> order of arrest for absent
Members may be made after a single calling of the roll (IV, 3015, 3016),
and a warrant issued on direction of those present, such motion having
precedence of a motion to dispense with proceedings under the call (IV,
3036). The Sergeant-at-Arms is required to arrest Members wherever they
may be found (IV, 3017), and leave for a committee to sit during
sessions does not release its Members from liability to arrest (IV,
3020). A motion to require the Sergeant-at-Arms to report progress in
securing a quorum is in order during a call of the House (VI, 687). A
Member who appears and answers is not subject to arrest (IV, 3019), and
in a case where a Member complained of wrongful arrest the House ordered
the Sergeant-at-Arms to investigate and amend the return of his warrant
(IV, 3021). A Member once arrested having escaped it was held that he
might not be brought back on the same warrant (IV, 3022). A privileged
motion to compel the attendance of absent Members is in order after the
Chair has announced that a quorum has not responded on a negative
recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).
The former practice of presenting Members at the bar during a call of
the House (IV, 3030-3035) is obsolete, and Members now report to the
Clerk and are recorded without being formally excused unless brought in
under compulsion (VI, 684). Those present on a call may prescribe a fine
as a condition of discharge, and the House has by resolution revoked all
leaves of absence and directed the Sergeant-at-Arms to deduct from the
salary of Members compensation for days absent without leave (VI, 30,
198), but this penalty has been of rare occurrence (IV, 3013, 3014,
3025). Form of resolution for the arrest of Members absent without leave
(VI, 686). Having rejected a motion to adjourn, less than a quorum of
the House rejected a motion directing the Sergeant-at-Arms to arrest
absent Members, rejected a second motion to adjourn, and then adopted a
motion authorizing the Speaker to compel the attendance of absent
members (Nov. 2, 1987, p. 30387).
The motion to dispense with further proceedings under the call of the
House is not in order when a motion to arrest absent Members is pending
(IV, 3029, 3037); is not entertained until a quorum responds on the
call, but may be agreed to by less than a quorum thereafter (IV, 3038,
3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); is
neither debat
[[Page 782]]
able nor subject to amendment, thus the motion to lay it on the table is
not in order (Aug. 27, 1962, p. 17653; Dec. 18, 1970, p. 42504).
During <> the call, which in
later practice has been invoked only in absence of a quorum, incidental
motions may be agreed to by less than a quorum (IV, 2994, 3029; VI,
681), and under clause 7 (former clause 6(a)(4) of rule XV) a point of
order of no quorum may not be made during the offering, consideration,
and disposition of any motion incidental to a call of the House. This
includes motions for the previous question (V, 5458), to reconsider and
to lay the motion to reconsider on the table (V, 5607, 5608), to
adjourn, which is in order even in the midst of the call of the roll for
excuses (IV, 2998) or while the House is dividing on a motion for a call
of the House (VIII, 2644), and which takes precedence over a motion to
dispense with further proceedings under the call (VIII, 2643), and an
appeal from a decision of the Chair (IV, 3010, 3037; VI, 681). The yeas
and nays may also be ordered (IV, 3010), but a question of privilege may
not be raised unless it be something connected immediately with the
proceedings (III, 2545). Motions not strictly incidental to the call are
not admitted, as for a recess (IV, 2995, 2996), to excuse a Member from
voting even when otherwise in order (IV, 3007), to enforce the statute
relating to deductions of pay of Members for absence (IV, 3011; VI,
682), to construe a rule or make a new rule (IV, 3008), or to order a
change of a Journal record (IV, 3009). A motion for a call of the House
is not debatable (VI, 683, 688). The motion to compel the attendance of
absent Members, being neither debatable nor amendable, is not subject to
a motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389).
6. (a) <> When a quorum fails to vote on a question, a quorum is not
present, and objection is made for that cause (unless the House shall
adjourn)--
(1) there shall be a call of the House;
(2) the Sergeant-at-Arms shall proceed forthwith to bring in
absent Members; and
(3) the yeas and nays on the pending question shall at the same
time be considered as ordered.
(b) The Clerk shall record Members by the yeas and nays on the pending
question, using such procedure as the Speaker may invoke under clause 2,
3, or 4. Each Member arrested
[[Page 783]]
under this clause shall be brought by the Sergeant-at-Arms before the
House, whereupon he shall be noted as present, discharged from arrest,
and given an opportunity to vote; and his vote shall be recorded. If
those voting on the question and those who are present and decline to
vote together make a majority of the House, the Speaker shall declare
that a quorum is constituted, and the pending question shall be decided
as the requisite majority of those voting shall have determined.
Thereupon further proceedings under the call shall be considered as
dispensed with.
(c) At any time after Members have had the requisite opportunity to
respond by the yeas and nays, but before a result has been announced,
the Speaker may entertain a motion that the House adjourn if seconded by
a majority of those present, to be ascertained by actual count by the
Speaker. If the House adjourns on such a motion, all proceedings under
this clause shall be considered as vacated.
This clause (former clause 4 of rule XV) was adopted in 1896 (IV,
3041; VI, 690); and amended in 1972 to make its provisions subject to
clause 2 (former clause 5) of this rule (H. Res. 1123, 92d Cong., p.
36012). Before the House recodified its rules in the 106th Congress,
this provision was found in former clause 4 of rule XV (H. Res. 5, Jan.
6, 1999, p. ----). Where objection is raised to a vote in the House on
the ground that a quorum is not present, and a quorum is in fact not
present, the Speaker may direct that the call of the House be taken by
electronic device under clause 2 (former clause 5), or may, in his
discretion, direct the Clerk to call the roll pursuant to this clause
(May 16, 1973, p. 15860).
It applies only to votes wherein a quorum is required, and hence does
not apply to an affirmative vote on a motion to adjourn (July 25, 1949,
p. 10092; Nov. 4, 1983, p. 30946), or motions incidental to a call of
the House which may be agreed to by less than a quorum (IV, 2994, 3029;
VI, 681), or to a call when there is no question pending (IV, 2990).
While
[[Page 784]]
a quorum is not required to adjourn, a point of no quorum on a negative
vote on adjournment, if sustained, precipitates a call of the House
under the rule (VI, 700; June 4, 1951, pp. 6097, 6098; June 15, 1951, p.
6621). Where less than a quorum rejects a motion to adjourn, the House
may not consider business but may dispose of motions to compel the
attendance of absent Members (Nov. 2, 1987, p. 30387).
When a Member objects to a vote on the ground that a quorum is not
present and makes the point of order under this clause, the Speaker may
count the House and determine the presence of a quorum, and is not
required to announce his actual count under the first sentence of this
clause (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the
presence of a quorum by actual count following an objection to a vote
under this clause, or on a rejected demand for the yeas and nays and a
division vote is then had on the pending question, the division vote is
intervening business (see VIII, 2804) permitting another objection to
the lack of a quorum, and the Speaker must again count the House (Mar.
17, 1976, p. 6792; Aug. 2, 1979, p. 22006). However, where the announced
absence of a quorum has resulted in a record vote under this clause (on
the Speaker's approval of the Journal), the House may not, even by
unanimous consent, vacate the vote in order to conduct another voice
vote in lieu of the record vote, since no business, including a
unanimous-consent agreement, is in order in the announced absence of a
quorum (July 13, 1983, p. 18844; Feb. 24, 1988, p. 2450). The House
having authorized the Speaker to compel the attendance of absent
Members, the Speaker announced that the Sergeant-at-Arms would proceed
with necessary and efficacious steps, and that pending the establishment
of a quorum no further business, including unanimous-consent requests
for recess authority, could be entertained (Nov. 2, 1987, p. 30389).
Under <> this
clause the roll is called over twice, and those appearing after their
names are called may vote (IV, 3052). A motion to adjourn may be made
before the call begins (IV, 3050). After the roll has been called, and
while the proceedings to obtain a quorum are going on, motions to excuse
Members are in order (IV, 3051). The Sergeant-at-Arms is required to
detain those who are present and bring in absentees (IV, 3045-3048), and
he does this without the authority of a resolution adopted by those
present (IV, 3049). There is doubt as to whether or not a warrant is
necessary but it is customary for the Speaker to issue one on the
authority of the rule (IV, 3043; VI, 702). When arrested, Members are
arraigned at the bar, and either vote or are noted as present, after
which they are discharged (IV, 3044). When a quorum fails to vote on a
yea-and-nay vote on a motion which requires a quorum to be present, and
a quorum is not present, the Chair takes notice of the fact, and unless
the House adjourns, a call of the House is ordered by the Chair under
this rule, and the vote is taken on the question de novo (IV, 3045,
3052; VI, 679). An automatic roll call results under this rule when the
objection that a quorum is not present and voting is
[[Page 785]]
made after a viva voce vote (VI, 697). An automatic roll call under this
rule is not in order in Committee of the Whole (Aug. 2, 1966, p. 17844).
Pursuant to clause 8, where the Speaker has announced that he will
postpone further proceedings on motions to suspend the rules on that day
if any votes are objected to under this clause, and objection is then
made to any such votes, further proceedings are automatically postponed
and the question is put de novo when that vote recurs as unfinished
business, when further proceedings are postponed, the point of order
that a quorum is not present is considered as withdrawn, since no longer
in order (a question not being pending after the Speaker's announcement
of postponement). See clause 7, infra.
7. (a) <> The Speaker may
not entertain a point of order that a quorum is not present unless a
question has been put to a vote.
(b) <> Subject to paragraph (c) the Speaker may recognize
a Member, Delegate, or Resident Commissioner to move a call of the House
at any time. When a quorum is established pursuant to a call of the
House, further proceedings under the call shall be considered as
dispensed with unless the Speaker recognizes for a motion to compel
attendance of Members under clause 5(b).
(c) <> A call of the House shall not be in order after the previous
question is ordered unless the Speaker determines by actual count that a
quorum is not present.
Paragraphs (a) and (b) were adopted in the 93d Congress (H. Res. 998,
Apr. 9, 1974, pp. 10195-99) and amended in the 95th Congress (H. Res. 5,
Jan. 4, 1977, pp. 53-70) and in the 96th Congress (H. Res. 5, Jan. 15,
1979, pp. 7-16) to dispense with further proceedings under any call of
the House when a quorum appears unless the Speaker at his discretion
recognizes for a motion. Paragraph (c) (former clause 2 of rule XVII)
was adopted in 1860 (V, 5447). Before the House recodified its rules in
the 106th Congress, paragraphs (a) and (b) were found in former clause 6
of rule XV and paragraph (c) was found in former clause 2 of rule XVII.
[[Page 786]]
The 106th Congress also transferred former clause 6(b) of rule XV to
clause 6(d) of rule XVIII (H. Res. 5, Jan. 6, 1999, p. ----).
Under this clause the Speaker may not entertain a point of order of no
quorum when he has not put a question to a vote in the House (Speaker
O'Neill, Jan. 11, 1977, p. 891; Jan. 31, 1977, p. 2640; Sept. 30, 1997,
p. ----; July 21, 1998, p. ----). The Chair may not entertain a point of
order of no quorum pending a request that a committee be permitted to
sit under the five-minute rule, since the Chair has not put the question
on a pending proposition to a vote (June 18, 1980, p. 15316). However,
under this clause the Speaker may at any time in his discretion
recognize a Member of his choice to move a call of the House (Speaker
O'Neill, Jan. 19, 1977, p. 1719; Jan. 31, 1977, p. 2640; Aug. 6, 1986,
p. 19370), or may choose not to do so (Sept. 30, 1997, p. ----), even,
for example, prior to the call of the Private Calendar, which is in
order after approval of the Journal and disposition of business on the
Speaker's table (July 8, 1987, p. 18972).
The Speaker's refusal to entertain a point of order of no quorum when
a pending question has not been put to a vote is not subject to an
appeal, since the clause contains an absolute and unambiguous
prohibition against entertaining such a point of order (Sept. 16, 1977,
p. 29562). During debate on a measure in the House the Speaker will not
respond to an inquiry as to the number of Members present in the
Chamber, since a point of no quorum is not admissible unless he has put
the pending question to a vote (Oct. 28, 1987, p. 29682).
In adopting this rule, the House has presumably determined that the
mere conduct of debate in the House, where the Chair has not put the
pending motion or proposition to a vote, is not such business as
requires a quorum under the Constitution (art. I, sec. 5, cl. 1), and
neither a point of order of no quorum during debate only nor a point of
order against the enforcement of this clause lies independently under
the Constitution (Sept. 8, 1977, p. 28114; Sept. 12, 1977, p. 28800;
Feb. 27, 1986, p. 3060). Clause 7(c) of rule XX provides that after the
previous question is ordered a call of the House shall only be in order
if the Speaker determines by actual count of the House that a quorum is
not present.
Postponement of proceedings
8. (a)(1) <> When a
recorded vote is ordered, or the yeas and nays are ordered, or a vote is
objected to under clause 6 on any of the questions specified in
subparagraph (2), the Speaker may postpone further proceedings on that
question to a designated place in the legislative schedule on that
legislative day (in the case of the question of
[[Page 787]]
agreeing to the Speaker's approval of the Journal) or within two
legislative days (in the case of any other question).
(2) The questions described in the subparagraph (1) are as follows:
(A) The question of passing a bill or joint resolution.
(B) The question of adopting a resolution or concurrent
resolution.
(C) The question of agreeing to a motion to instruct managers on
the part of the House (except that proceedings may not resume on such a
motion under clause 7(c) of rule XXII if the managers have filed a
report in the House).
(D) The question of agreeing to a conference report.
(E) The question of agreeing to a motion to recommit a bill
considered under clause 6 of rule XV.
(F) The question of ordering the previous question on a question
described in subdivision (A), (B), (C), (D), or (E).
(G) The question of agreeing to an amendment to a bill considered
under clause 6 of rule XV.
(H) The question of agreeing to a motion to suspend the rules.
(b) At the time designated by the Speaker for further proceedings on
questions postponed under paragraph (a), the Speaker shall resume
proceedings on each postponed question in the order in which it was
considered.
[[Page 788]]
(c) The Speaker may reduce to five minutes the minimum time for
electronic voting on a question postponed under this clause, or on a
question incidental thereto, that follows another electronic vote
without intervening business, so long as the minimum time for electronic
voting on the first in any series of questions is 15 minutes.
(d) If the House adjourns on a legislative day designated for further
proceedings on questions postponed under this clause without disposing
of such questions, then on the next legislative day the unfinished
business is the disposition of such questions in the order in which they
were considered.
This provision (former clause 5(b) of rule I) was added in the 96th
Congress (H. Res. 5, Jan. 15, 1979, p. 7), and subparagraph (1) was
amended in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to
place all authority for the postponing of further proceedings on certain
questions into this clause. This consolidation was accomplished with the
addition of the authority to postpone further proceedings on reports
from the Committee on Rules and the authority to postpone further
proceedings on motions to suspend the rules and pass bills or adopt
resolutions. The authority for the Speaker to postpone further
proceedings on agreeing to his approval of the Journal until later that
legislative day was added in the 98th Congress (H. Res. 5, Jan. 3, 1983,
p. 34). The authority for the Speaker to postpone further proceedings on
motions to instruct conferees after 20 calendar days in conference was
added in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72). The
authority for the Speaker to postpone further proceedings on the
original motion to instruct conferees was added in the 106th Congress
(H. Res. 5, Jan. 6, 1999, p. ----). In the 104th Congress the list of
questions susceptible of postponement was reordered and expanded to
include a vote on ordering the previous question on another question
that is, itself, susceptible of postponement (sec. 223(a), H. Res. 6,
Jan. 4, 1995, p. 469). In the 105th Congress subparagraph (1) was
amended to enable postponement of certain questions during consideration
of bills called from the Corrections Calendar, i.e., agreeing to an
amendment, ordering the previous question on a motion to recommit, and
agreeing to a motion to recommit (H. Res. 5, Jan. 7, 1997, p. ----). In
the 106th Congress the Speaker's authority to reduce to five minutes the
minimum
[[Page 789]]
time for electronic voting on a question postponed under this clause was
expanded to include questions incidental thereto and to permit the first
postponed vote in a series to be a five-minute vote if it immediately
follows a 15-minute vote. Before the House recodified its rules in the
106th Congress, this provision was found in former clause 5(b) of rule I
(H. Res. 5, Jan. 6, 1999, p. ----).
The Speaker first exercised his authority to postpone a record vote on
the approval of the Journal on November 10, 1983 (p. 32097). That
authority includes the power to postpone a division vote on the approval
of the Journal that is objected to under clause 6 of rule XX (former
clause 4 of rule XV) (Sept. 21, 1993, p. 21820). On questions not
enumerated in this paragraph, such as the initial motion to instruct
conferees prior to the 106th Congress, unanimous consent was required to
permit the Speaker to postpone such record votes (Oct. 6, 1986, p.
28704).
Pursuant to clause 7 of rule XX (former clause 6(e) of rule XV),
prohibiting a point of order of no quorum unless the Speaker has put the
pending proposition to a vote, the Speaker announces, after postponing a
vote on a motion to suspend the rules where objection has been made to
the vote on the grounds that a quorum is not present, that the point of
order is considered as withdrawn, since the Chair is no longer putting
the question (May 16, 1977, p. 14785). At the conclusion of debate on
all motions to suspend the rules on a legislative day, the Speaker
announces that he will put the question on each motion on which further
proceedings have been postponed--either de novo if objection to the vote
has been made under clause 6 of rule XX (former clause 4 of rule XV) or
for a ``yea and nay'' or recorded vote if previously ordered by the
House in the order in which the motions had been entered (June 4, 1974,
pp. 17521-47). Clause 8(a) of rule XX (former clause 5(b) of rule I)
does not require the Chair's customary announcement at the beginning of
consideration of motions to suspend the rules that the Chair intends to
postpone possible record votes (Feb. 23, 1993, p. 3281; Nov. 14, 1995,
p. 32385).
Under the authority to postpone further proceedings on a specified
question to a designated time within two legislative days, the Speaker
may simultaneously designate separate times for the resumption of
proceedings on separate postponed questions (Mar. 3, 1992, p. 4072).
Once the Speaker has postponed record votes to a designated place in the
legislative schedule, he may subsequently redesignate the time when the
votes will be taken within the appropriate period (June 6, 1984, p.
15080; Oct. 3, 1988, pp. 27782, 27878). When the House adjourns on the
second legislative day after postponement of a question under this
clause without resuming proceedings thereon, the question remains
unfinished business on the next legislative day (Oct. 1, 1997, p. ----).
Following the first postponed vote on motions to suspend the rules,
the Speaker may in his discretion reduce to not less than five minutes
the time for taking votes on any or all of the subsequent motions on
which votes have been postponed (June 4, 1974, p. 17547). Having
clustered
[[Page 790]]
record votes on motions to suspend the rules and then having clustered
record votes on passage of other measures considered immediately after
debate on the suspension motions, the Speaker may, pursuant to this
clause, conduct all the postponed votes in one sequence and reduce to
five minutes the time for all electronic votes after the first
suspension vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724).
However, the Chair may decline, in his discretion, to recognize for a
unanimous-consent request to reduce to five minutes the first vote in
the series, since the bell and light system would not give adequate
notice of the initial five-minute vote (Oct. 8, 1985, p. 26666).
However, prior to the 106th Congress, where a series of votes had been
postponed pursuant to this clause to occur following a 15-minute vote on
another measure not a part of that series, the vote on the first
postponed measure could have been reduced to five minutes only by
unanimous consent (May 24, 1983, p. 13595; July 22, 1996, p. 18410). By
unanimous consent waiving the five-minute minimum set by paragraph (c)
(former clause 5(b)(3) of rule I), the House has authorized the Speaker
to put remaining postponed questions to two-minute electronic votes
(Oct. 4, 1988, pp. 28126, 28148). The Speaker may ``cluster'' postponed
votes on a motion to suspend the rules and on adoption of a resolution
in the order in which those questions were considered on the preceding
day (July 19, 1983, p. 19774). The requirement that the Speaker put each
question on motions to suspend the rules in the order in which
postponed, does not prevent the Speaker from entertaining a unanimous-
consent request for the consideration of a similar Senate measure
following passage of a House bill and prior to the next postponed vote
(Feb. 15, 1983, p. 2175). Since a resolution raising a question of the
privileges of the House takes precedence over a motion to suspend the
rules, it may be offered and voted on between motions to suspend the
rules on which the Speaker has postponed record votes until after debate
on all suspensions (May 17, 1983, p. 12486). Proceedings may not resume
on a postponed question of agreeing to a 20-day motion to instruct
conferees after the managers have filed a conference report in the House
(Oct. 19, 1999, p. ----).
For several years prior to the 107th Congress, special rules adopted
by the House routinely provided the Chairman of the Committee of the
Whole authority to postpone and cluster requests for recorded votes on
amendments. In the 107th Congress that authority was given to the
Chairman in the standing rules by adoption of a new clause 6(g) of rule
XVIII. For a discussion of such authority, see Sec. 984, supra.
Former <> clause 2 of rule VIII
(proposed to be recodified as clause 8 of rule XX) was adopted in 1880,
although the practice of pairing had then existed in the House for many
years (V, 5981). The language of the clause was slightly altered by
amendment in 1972 to reflect the installation of electronic voting in
the 93d Congress (H. Res. 1123, Oct. 13, 1972, pp. 36005-12). It was
amended in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20) to permit
pairs to be announced in the Committee of the Whole. Former clause 2 of
rule VIII was deleted
[[Page 791]]
in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----). The Rules of
the House continue to permit the announcement of a ``live'' pair under
clause 3 of rule XX (Sec. 1015, supra).
Prior to the 106th Congress, pairs were not announced at a time other
than that prescribed by the former rule (V, 6046), and the voting
intentions of an absent Member were not otherwise announced by a
colleague (VIII, 3151). Prior to the 94th Congress pairs were not
permitted in Committee of the Whole (V, 5984; Speaker Albert, Jan. 15,
1973, p. 1054). The House did not consider questions arising out of the
breaking of a pair (V, 5982, 5983, 6095; VIII, 3082, 3085, 3087-3089,
3093), or permit a Member to vote after the call on the plea that he had
refrained because of misunderstanding as to a pair (V, 6080, 6081).
Discussion of the origin of the practice of pairing in the House and
Senate (VIII, 3076). On questions requiring a two-thirds majority
Members were paired two in the affirmative against one in the negative
(VIII, 3088; Nov. 15, 1983, p. 32685). For Speaker Clark's
interpretation of the rule and practice of the House of Representatives
as to pairs, see VIII, 3089.
Five-minute votes--
9. <> The Speaker may reduce to five
minutes the minimum time for electronic voting--
(a) after a record vote on a motion for the previous question, on
any underlying question that follows without intervening business, or on
a question incidental thereto;
(b) after a record vote on an amendment reported from the
Committee of the Whole House on the state of the Union, on any
subsequent amendment to that bill or resolution reported from the
Committee of the Whole, or on a question incidental thereto;
(c) after a record vote on a motion to recommit a bill,
resolution, or conference report, on the question of passage or
adoption, as the case may be, of such bill, resolution, or conference
report, or on a question incidental thereto, if the question of passage
or adoption
[[Page 792]]
follows without intervening business the vote on the motion to recommit;
or
(d) as provided in clause 6(b)(3) of rule XVIII, clause 6(f) of
rule XVIII, or clause 8 of this rule.
The authority now found in clause 9(c) (former clause 5(b)(3) of rule
XV) was first added as an undesignated last sentence of former clause 5
in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to permit the
Speaker to reduce to five minutes the vote on final passage immediately
following a 15-minute recorded vote on a motion to recommit. The
authority now found in clause 9(b) (former clause 5(b)(2) of rule XV)
was first added as an undesignated penultimate sentence of clause 5 in
the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72) to permit the
Speaker to reduce to five minutes any record votes on amendments
reported to the House from Committee of the Whole after a 15-minute vote
on the first of such amendments. When the authority found in clause 9(a)
(former clause 5(b)(1) of rule XV) was added in the 103d Congress (H.
Res. 5, Jan. 5, 1993, p. 49) to permit the Speaker to reduce to five
minutes the vote on adoption of a special order of business resolution
immediately following a 15-minute recorded vote on ordering the previous
question thereon, former clause 5 was organized into paragraphs. In the
104th Congress clause 9(a) (former clause 5(b)(1) of rule XV) was
broadened to cover any previous question situation (sec. 223(e), H. Res.
6, Jan. 4, 1995, p. 469). In the 106th Congress the Speaker's authority
to reduce to five minutes the minimum time for electronic voting on a
question under this clause was expanded to include questions incidental
thereto. The 106th Congress also, when the House recodified its rules,
transferred this provision from former clause 5(b) of rule XV (H. Res.
5, Jan. 6, 1999, p. ----).
Five-minute votes are now permitted at the discretion of the Chair in
the following circumstances: (1) under clause 8, on additional questions
on which the Speaker has postponed further proceedings immediately
following a 15-minute vote; (2) under clause 9(a), on an underlying
question (or on a question incidental thereto) immediately following a
15-minute recorded vote on ordering the previous question thereon; (3)
under clause 9(b), on second and subsequent separate votes in the House
on amendments reported from Committee of the Whole (or on a question
incidental thereto) immediately following a 15-minute vote on the first
such separate vote; (4) under clause 9(c), on final passage (or on a
question incidental thereto) immediately following a 15-minute recorded
vote on recommittal; (5) under clause 6(b)(3) of rule XVIII, on a
pending question immediately following a regular quorum call in
Committee of the Whole; (6) under clause 6(f) of rule XVIII, on any or
all pending amendments immediately following a 15-minute recorded vote
on the first such pending amendment in Committee of the Whole; and (7)
under clause 6(g) of rule XVIII, on a postponed
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question on adoption of an amendment that immediately follows another
electronic vote. This clause does not give the Chair the authority to
reduce to five minutes the vote on a motion to recommit occurring
immediately after a recorded vote on an amendment reported from the
Committee of the Whole, and the Chair will not entertain a unanimous-
consent request to reduce that vote to five minutes after Members had
already left the Chamber with the expectation that the next vote would
be a 15-minute vote (June 29, 1994, p. 15107; July 14, 1999, p. ----).
In the 95th Congress, the Speaker announced that changes could be made
electronically at any time during a vote reduced to five minutes under
the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).
Automatic yeas and nays
10. <> The
yeas and nays shall be considered as ordered when the Speaker puts the
question on passage of a bill or joint resolution, or on adoption of a
conference report, making general appropriations, or increasing Federal
income tax rates (within the meaning of clause 5 of rule XXI), or on
final adoption of a concurrent resolution on the budget or conference
report thereon.
This clause was adopted in the 104th Congress (sec. 214, H. Res. 6,
Jan. 4, 1995, p. 468). Before the House recodified its rules in the
106th Congress, this provision was found in former clause 7 of rule XV
(H. Res. 5, Jan. 6, 1999, p. ----).
Ballot votes
11. <> In a case of ballot for
election, a majority of the votes shall be necessary to an election.
When there is not such a majority on the first ballot, the process shall
be repeated until a majority is obtained. In all balloting blanks shall
be rejected, may not be counted in the enumeration of votes, and may not
be reported by the tellers.
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This rule was first adopted in 1789 and was amended in 1837 (V, 6003).
It was renumbered January 3, 1953 (p. 24). The last election by ballot
seems to have occurred in 1868 (V, 6003).