[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Voting]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 881]]
VOTING
A. Generally
Sec. 1. In General; Kinds of Votes
Sec. 2. The Electronic Voting System
Sec. 3. Prohibitions Against Voting by Proxy or for Absent Members
B. Role of the Chair; Duties
Sec. 4. In General; Putting the Question
Sec. 5. Voting by the Chair
Sec. 6. Chair's Responsibility as to the Count
C. Rights and Duties of Members
Sec. 7. In General; Duty to Vote
Sec. 8. Disqualification to Vote
D. Nonrecorded Votes
Sec. 9. In General; Voice Votes
Sec. 10. Voting by Division
Sec. 11. Teller Votes
E. Votes of Record
Sec. 12. Yea and Nay Votes; Recorded Votes
Sec. 13. Ordering the Yeas and Nays
Sec. 14. Demanding the Yeas and Nays
Sec. 15. Voting by the Yeas and Nays
Sec. 16. ``Automatic'' Yea and Nay Votes
Sec. 17. Roll Call Votes
Sec. 18. Teller Votes With Clerks
Sec. 19. Pairing
F. Voting Periods; Time Limitations
Sec. 20. In General; Fifteen-minute Votes
Sec. 21. Five-minute Votes in the House; ``15-and-5'' Votes
Sec. 22. Five-minute Votes in Committee of the Whole
Sec. 23. Deferred or Clustered Votes
Sec. 24. Time to Cast Vote
[[Page 882]]
G. Vote Changes, Corrections, and Announcements
Sec. 25. In General; Vote Changes
Sec. 26. Correcting the Record
Sec. 27. Recapitulations
Sec. 28. Announcements as to Voting Preference
H. Majority Votes; Super-majority Votes
Sec. 29. In General; Tie Votes
Research References
U.S. Const. art. I Secs. 5, 7
5 Hinds Secs. 5925-6105
8 Cannon Secs. 3065-3162
Manual Secs. 76-80, 629-632, 656-660b, 765-774b, 934, 939
A. Generally
Sec. 1 . In General; Kinds of Votes
Generally
The rules of the House identify four methods of voting that are of
regular use:
Voice votes [under Rule I clause 5(a)] in which Members
express their voting preference simply by calling out ``Aye''
or ``No'' in unison.
Division votes [Rule I clause 5(a)], in which Members stand to
be counted as either for or against a proposition.
Yea and nay votes, the demand for which requires the support
of one-fifth of the Members present (under Article I, Sec. 5 of
the Constitution) or which are ordered ``automatically'' when a
Member objects to a pending vote on the ground that a quorum is
not present (under Rule XV clause 4). Yea and nay votes are
usually taken by electronic device.
Recorded votes [under Rule I clause 5(a)], which require the
support of one-fifth of a quorum. Recorded votes are taken in
the same manner as the yeas and nays.
When the House is operating in the Committee of the Whole, all of
these commonly used methods of voting are available except for the
yeas and nays, a procedure used only in the House. A recorded vote may
be ordered in the Committee of the Whole when the demand is supported
by at least 25 Members [Rule XXIII clause 2(b)]. It is not in order in
the Committee of the Whole for a Member to ``object to the vote on the
ground that a quorum is not present and make a point of order that a
quorum is
[[Page 883]]
not present'' (Rule XV clause 4), since the ``automatic call'' is also
a yea and nay vote.
Sometimes these voting methods are used in various combinations,
one after the other, depending on the circumstances. Any Member
feeling that the announced result of a voice vote is unsatisfactory
may ask for the Chair to take a division vote; and if this result is
challenged, a vote of record may be demanded.
Less frequently used but still available on a stand-by basis are
(1) roll call votes, in which each Member's response is given orally
as the Clerk calls the roll in alphabetical order (Rule XV clause 1);
and (2) votes by tellers with clerks, in which each Member fills out
and signs a vote tally card and submits it to a designated clerk
teller [Rule I clause 5(a)].
Votes on certain issues are required by House rule to be taken by
the yeas and nays. When the Speaker puts the question on final passage
of general appropriation bills, on budget resolutions or bills
increasing Federal income tax rates, the vote must be taken by the
yeas and nays (Rule XV clause 7) and the Constitution requires that
the question of passing a bill over the veto of the President must
also be by the yeas and nays (Article I Sec. 7). The vote to close a
conference committee meeting is also required to be taken by roll
call. [Rule XXVIII clause 6(a).]
All votes are in order only when the Chair puts the question.
Unauthorized votes, as where a Member asks for a ``straw'' vote or a
``show of hands'' are not in order. 95-1, Apr. 27, 1977, p 12548.
Voting in Committees, see Committees.
Voting by Ballot
Voting on an election in the House by ballot, although authorized
by Rule XXXVIII, is largely obsolete. Manual Sec. 934. There has been
no instance of voting by ballot under this rule since 1868, when the
managers of an impeachment proceeding were elected by ballot. 3 Hinds
Sec. 2417.
Sec. 2 . The Electronic Voting System
In General
In 1973, an electronic voting system was installed in the House
Chamber pursuant to the Legislative Reorganization Act of 1970 and to
amendments to House Rule XV (Manual Sec. 774b). The purpose of this
system was to reduce the time needed to process roll call votes and
quorum calls. Under this system, the lengthy roll call of Members and
votes by cards with clerks are replaced by a computerized device that
simultaneously receives and records votes cast by Members using the
system during the voting period.
[[Page 884]]
A master computer accepts votes and processes voting information for
subsequent retrieval.
Verification of Vote; Changing Votes
A Member may verify that his vote has been properly recorded by
reinserting his card in an Open vote station. (Illumination of the
button corresponding to the last vote preference will indicate that
the vote has been recorded by the computer system.) In one instance,
where the voting system failed for one minute, the Chair allowed
Members additional time to check the board to verify whether or not
their votes were recorded. 103-1, Sept. 29, 1993, p ____.
A Member may change his vote--if more than five minutes remain or
on five-minute deferred votes--by simply depressing one of the other
pushbuttons. Changes made with less than five minutes remaining during
a 15-minute vote must be made in the well, as are votes cast after the
voting stations have been closed but prior to the Chair's announcement
of the result. 94-2, Mar. 22, 1976, p 7394; 95-1, Jan. 4, 1977, pp 53-
70; Manual Sec. 774b. Vote changes generally, see Sec. 25, infra.
Effect of Malfunction
Where the electronic voting system malfunctions or becomes
inoperative, the Chair may direct that all recorded votes and quorum
calls be conducted pursuant to the standby procedures prescribed in
Rules I and XV. 93-1, May 16, 1973, pp 15860, 15861; 93-1, July 17,
1973, p 24171; 93-1, July 18, 1973, p 24653. In such a case, the Chair
may direct the Clerk to call the roll alphabetically. 93-1, May 16,
1973, pp 15860, 15861. If the electronic system becomes inoperative
during a record vote, the Chair may direct that the vote be taken de
novo by clerks. 93-1, June 16, 1973, pp 23971, 23972. Or he may
announce that Members who had been recorded prior to the malfunction
of the electronic device will be included in the new tally of those
voting. 93-1, Dec. 21, 1973, pp 43285, 43288, 43292. When the system
again becomes operative, its use resumes at the Chair's discretion.
93-1, July 19, 1973, p 24919.
Recorded votes may be taken by electronic device although the
display panels showing the vote totals and the Members' names and
votes are inoperative, since Members can verify votes either at the
monitors or by reinserting their cards in the voting stations. 95-1,
June 6, 1977, p 17484; 95-2, June 21, 1978, p 18260; 99-1, Sept. 19,
1985, p 24245. A malfunction of the monitor at the majority or
minority table will not prevent utilization of the electronic system
where an alternate use of another monitor can be made. 93-2, Aug. 7,
1974, p 27219.
[[Page 885]]
Sec. 3 . Prohibitions Against Voting by Proxy or for Absent Members
Whether in the House or Committee of the Whole, Members must vote
in person. 7 Cannon Sec. 1014; Manual Sec. 660b. No one other than a
Member may cast a vote or record a Member's presence. A Member may not
cast a vote on behalf of another Member, and an authorization to cast
a Member's vote is forbidden by House rule. Rule VIII clause 3. Manual
Sec. 660b. It also has been held that one Member may not authorize
another to enter his signature on a motion to discharge. 7 Cannon
Sec. 1014.
The use of an electronic voting card belonging to a Member who is
in absentia--sometimes referred to as ``ghost voting''--is considered
a serious ethics infraction, and a Member's participation in such
activity, either by direction or by subsequent acquiescence or
ratification, is a matter warranting sanction by the House. In one
recent case, the Committee on Standards of Official Conduct concluded
that a Member had permitted such voting to occur; it found that while
the evidence did not clearly demonstrate that the Member had
concurrent knowledge that votes were cast in his name, he failed to
take steps necessary to prevent unauthorized use of his voting card or
to disavow votes that were cast in his name. H. Rept. No. 100-485. A
resolution reprimanding the Member was agreed to by the House. 100-1,
Dec. 18, 1987, p 36274.
B. Role of the Chair; Duties
Sec. 4 . In General; Putting the Question
An essential step in bringing a pending proposition to a vote
occurs when the Speaker or Chairman states and then puts the question
as prescribed by the rules of the House. See Rule I clause 5; Manual
Sec. 629. The question, if in order, must be put (2 Hinds Sec. 1312),
it being Jefferson's view that it is a breach of order for the Speaker
to refuse to put a question which is in order (Manual Sec. 304).
A question may be put to a vote only by the Chair; it is not in
order for a Member having the floor to usurp the role of the Chair in
this regard, as by asking for a demonstration of support before the
question is put. 95-1, Apr. 27, 1977, p 12548. The proposition as
stated by the Chair in putting the question, and not as stated by the
sponsoring Member, is the proposition voted upon. 6 Cannon Sec. 247;
88-1, Dec. 4, 1963, p 23305.
Putting the question on engrossment and third reading on the
passage of bills and joint resolutions is required by Rule XXI clause
1 (Manual Sec. 830). However, where existing law requires the vote to
occur on final pas-
[[Page 886]]
sage immediately following the conclusion of general debate, the
Speaker puts the question on final passage without putting the
question on ordering the previous question or on engrossment and third
reading. 99-1, Apr. 23, 1985, p 9085. The intent of such laws is to
prevent intervening motions and questions once general debate has
concluded, and to require an immediate vote on final passage. 99-1,
Mar. 26, 1985, pp 6345, 6346.
Sec. 5 . Voting by the Chair
Right to Vote
The Speaker has the same right to vote as other Members, and
historically he has exercised this right even in contravention of
early House rules attempting to limit his voting authority. 5 Hinds
Secs. 5964, 5966. See also Manual Sec. 632. He may vote ``aye'' or
``no'' at any time prior to the final announcement of the vote. 92-1,
Apr. 6, 1971, p 9785. On an electronic vote, the Speaker directs the
Clerk to record his vote and verifies that instruction by submitting a
vote card. 101-2, Oct. 17, 1990, p ____. On roll call votes by the
yeas and nays, the Speaker's name is not called except at his request,
and then at the end of the roll. Manual Sec. 632. Members other than
the Speaker who are occupying the Chair vote by submitting a voting
card to the Clerk who then enters the vote.
In the early history of the House, Speakers exercised the right to
vote sparingly. In more recent Congresses, it has become more common
for Speakers to vote, especially on important legislation. See 5 Hinds
Sec. 5964 (note).
Duty to Vote
The Speaker is not required to vote ``except where his vote would
be decisive. . . .'' Rule I clause 6. Manual Sec. 632. The Speaker may
vote to make a tie and thus defeat a measure. 88-1, Aug. 22, 1963, p
15589; 89-1, Sept. 21, 1965, p 24635; 90-1, Aug. 24, 1967, pp 23918,
23926. Or he may vote to break a tie and so decide a question in the
affirmative. 8 Cannon Sec. 3100.
Sec. 6 . Chair's Responsibility as to the Count
One of the responsibilities of the Speaker is to count the number
of Members rising in support of, or against, a pending proposition, as
where a vote is taken by division. The Chair has a duty to make a fair
and honest count in such cases; one of the suppositions on which
parliamentary law is founded is that the Speaker will not betray his
duty to make an honest count of the vote. 5 Hinds Sec. 6002. The
integrity of the Chair in counting a vote
[[Page 887]]
is not subject to a direct challenge. 8 Cannon Sec. 3115; 99-1, July
11, 1985, p 18550. Appeals may not be taken from the Chair's count of
the number rising to demand a vote. 8 Cannon Sec. 3105; 94-2, June 24,
1976, p 20390. Nor will an appeal lie from a count of those supporting
the demand for the yeas and nays (95-2, Sept. 12, 1978, p 28950) or
from a decision refusing recapitulation of a vote (8 Cannon
Sec. 3128). The remedy of a Member dissatisfied with the Speaker's
count of Members rising, as on a division vote, is to demand a vote of
record. 8 Cannon Secs. 3115-3118.
C. Rights and Duties of Members
Sec. 7 . In General; Duty to Vote
The casting of a vote (or the refusal to cast a vote) is the
responsibility of the individual Member. Although the rules state that
Members ``shall vote on each question put . . .'' (Rule VIII clause
1), in practice the House does not enforce this provision. Manual
Sec. 658. The Speaker has no power to compel a Member to vote (5 Hinds
Sec. 5942) and House actions to compel a Member to cast a vote have
been uniformly unsuccessful. 5 Hinds Secs. 5943-5948. By the same
token, the House does not excuse a Member from voting. And a
unanimous-consent request in the Committee of the Whole to excuse a
Member from voting is out of order. 89-1, Mar. 26, 1965, p 6096.
Sec. 8 . Disqualification to Vote
Generally; Conviction of Crime
The precedents suggest that the House has no authority to deprive
a Member of his inherent right to vote. 5 Hinds Secs. 5952, 5966,
5967; 8 Cannon Sec. 3072; Manual Sec. 658.
The Code of Official Conduct provides that a Member who has been
convicted of a crime for which a sentence of two or more years'
imprisonment may be imposed ``should'' refrain from voting in the
House or Committee of the Whole until reinstatement of the presumption
of his innocence or until he is reelected to the House. Rule XLIII
clause 10. Manual Sec. 939. The term ``conviction'' in clause 10 is
construed to include a plea of guilty or a certified finding of guilt
even though sentencing may occur later. H. Rept. No. 94-76.
[[Page 888]]
Personal or Pecuniary Interest
Rule VIII provides that a Member is not required to vote where he
has a ``direct personal or pecuniary'' interest in the question.
Manual Sec. 657. In rare instances the Speaker has ruled that a
Member, because of his personal interest in the outcome, should not
vote. 5 Hinds Secs. 5955, 5958. But ordinarily the Member himself--and
not the Chair--determines this question. 5 Hinds Secs. 5950, 5951; 8
Cannon Sec. 3071; 94-1, Dec. 2, 1975, p 38135; 96-1, Mar. 1, 1979, p
3748. The Speaker will not entertain a point of order challenging the
personal or pecuniary interest of Members in a pending question, and
will defer to the judgment of each Member as to the directness of his
interest. 92-2, June 27, 1972, p 22554. See also 96-1, Mar. 1, 1979, p
3748.
A Member may disqualify himself from voting on a measure because
of a pecuniary interest in the measure being considered. Thus, where a
bill was pending relating to the reserves required to be maintained by
certain banks, a Member disqualified himself on the vote because of a
pecuniary interest in the matter. 86-1, July 1, 1959, p 12504. In one
case, a Member announced a disqualifying personal interest in a
pending bill and stated his intention to vote ``present'' on the
issue. 90-2, Sept. 9, 1968, pp 26038, 26042.
Where the subject of a vote before the House affects an entire
class, the personal interest of Members who belong to the class is not
such as to disqualify them from voting. 5 Hinds Sec. 5952. In one
instance for example, during consideration of a bill providing
financial assistance to states and political subdivisions, the Speaker
indicated that the bill was sufficiently general in scope that Members
holding municipal bonds or who had other financial interests dependent
on the fiscal affairs of a particular city would merely be within a
class of similarly situated individuals whose pecuniary interest would
not be so direct as to preclude them from voting on the bill. 94-1,
Dec. 2, 1975, p 38135.
D. Nonrecorded Votes
Sec. 9 . In General; Voice Votes
Votes not of record are those in which no official public record
is required of the names or votes of the participating Members. There
are two types of nonrecorded votes: voice votes and votes by division.
See Rule I clause 5. Manual Sec. 629. Authority for teller voting, a
more elaborate proce-
[[Page 889]]
dure for taking a nonrecord vote, was eliminated from the rules in the
103d Congress. Sec. 11, infra.
Voice votes are the simplest and most commonly used of all voting
procedures. Such votes are based on the volume of sound produced by
Members as they respond either ``aye'' or ``no'' to the question put
by the Chair. 5 Hinds Sec. 5926. See also Manual Sec. 501. If the
Chair is in doubt about the result, or if any Member requests it, a
division vote is in order. Manual Secs. 501, 629. In a division vote,
those in favor and then those opposed are asked to stand and be
counted (Sec. 10, infra).
The Speaker must put the pending question to a voice vote under
Rule I clause 5 prior to entertaining a demand for a recorded vote or
the yeas and nays. 102-2, Mar. 9, 1992, p ____.
Sec. 10 . Voting by Division
Generally; Form
A demand for a division (standing) vote is in order following the
taking of a voice vote. 90-1, Sept. 20, 1967, pp 26120, 26122. Under
Rule I clause 5, after a voice vote, if the Speaker is in doubt or a
division is called for, ``the House shall divide; those in the
affirmative of the question shall first rise from their seats, and
then those in the negative. . . .'' Manual Sec. 629. Only one demand
for a vote by division on a pending question is in order. 98-2, July
26, 1984, p 21259.
Member: Mr. Speaker, I demand a division.
Chair: A division is demanded. As many as are in favor will rise
and stand until counted. . . .
The ayes will be seated and the noes will stand.
Timeliness
A demand for a division comes too late when the Member making it
is not on his feet seeking recognition at the time the Chair announces
the result of the voice vote. 92-1, July 30, 1971, p 398. However, the
announcement of a voice vote does not preclude a subsequent demand for
a division providing no intervening business has transpired and the
proponent of the motion for division was on his feet seeking
recognition at the time of the announcement. 87-2, Jan. 23, 1962, p
771; 90-1, Sept. 20, 1967, pp 26120, 26122.
Precedence of Demand for Recorded Vote or Yea and Nay Vote
When the Chair has put the question and is in doubt as to the
result of a voice vote, a demand for a recorded vote takes precedence
over a demand for a division vote. 95-1, Feb. 24, 1977, p 5349.
However, following
[[Page 890]]
a voice vote in the Committee of the Whole, the Chair has on his own
initiative under Rule I clause 5 requested and conducted a division
vote before entertaining a demand for a recorded vote. 95-1, Oct. 20,
1977, p 34717.
A demand for the yeas and nays in the House under article I
section 5 of the Constitution takes precedence over a demand for a
division under clause 5 of Rule I. 103-1, Mar. 29, 1993, p ____.
A demand for the yeas and nays may be made before or after a
division vote, or even while a division vote is being announced. See 5
Hinds Sec. 6039. But a demand for a division vote is not precluded by
the fact that the yeas and nays have been refused. 8 Cannon Sec. 3103;
92-1, Nov. 9, 1971, p 40054.
Interruptions During the Count
The Chair generally declines to recognize Members while he is
counting those standing on a division vote. His count cannot be
interrupted by a demand for a recorded vote. 94-1, June 10, 1975, p
18048. Parliamentary inquiries are entertained before (not after) the
Chair asks those in favor of the proposition to rise. 89-2, Sept. 29,
1966, pp 24455-57. A conference report may not be presented while the
House is dividing. Manual Sec. 909. Messages are not received during a
division. Manual Sec. 562.
Since a vote by division takes no cognizance of Members present
but not voting, the number of votes counted by division does not
necessarily establish a lack of a quorum. 100-2, June 29, 1988, p
16504. Accordingly, the Chair may interrupt the count of Members
standing in favor of a proposition in order to count for a quorum
pursuant to a point of order that a quorum is not present. 97-2, Aug.
5, 1982, pp 19658, 19659.
Sec. 11 . Teller Votes
Under the earlier practice of the House, a Member could demand a
teller vote if supported by sufficient Members. 5 Hinds Sec. 5986. In
a teller vote Members cast their votes by passing through the center
aisle to be counted by Member tellers. First the Members voting
``aye'' proceeded up the aisle and were counted, and then the Members
voting ``no'' were counted. Vote totals were announced but not the
vote of each individual Member. Teller votes were considered a more
accurate vote-counting procedure than either voice votes or division
votes, but fell into disuse because of the advent of the electronic
voting system. The rule authorizing a demanded teller vote was
abolished in 1993. H. Res. 5, Jan. 5, 1993. Teller votes and the
Speaker's discretion, see Sec. 18, infra.
[[Page 891]]
E. Votes of Record
Sec. 12 . Yea and Nay Votes; Recorded Votes
Yea and Nay Votes Distinguished
There are two primary methods of taking a vote of record in the
House of Representatives. Voting by the yeas and nays is the
preeminent method of voting in the House and is to be distinguished
from recorded votes that are available under separate House rules. Yea
and nay votes are made in order by the Constitution (U.S. Const. art.
I Sec. 5). Rule XV clause 4 orders the yeas and nays whenever a point
of order is made that a quorum has failed to vote on a question put in
the House (Manual Sec. 774). Yea and nay votes are not in order in the
Committee of the Whole. 4 Hinds Secs. 4722, 4723; 94-1, Nov. 12, 1975,
p 36147; 95-1, June 2, 1977, p 17292. Recorded votes, on the other
hand, are available in both the House and the Committee of the Whole
(Manual Sec. 630a) and are taken pursuant to Rule I clause 5 (in the
House) and under Rule XXIII clause 2(b) in the Committee.
Yea and nay votes are also to be distinguished from recorded votes
in that demands for yea and nay votes require the support of only one-
fifth of those present (Sec. 14, infra), whereas a recorded vote in
the House requires the support of one-fifth of a quorum. Rule I clause
5. It is the Chair's statement of the demand, and not the Member's
request, which controls whether one-fifth of those present or one-
fifth of a quorum are required to support the demand. 97-1, Oct. 1,
1981, p 22760. In the Committee of the Whole 25 must stand to support
the request for a recorded vote. Rule XXIII clause 2(b).
Demanding a Recorded Vote
Under the rules, a recorded vote is in order in the House or in
the Committee of the Whole after the question has been put on a
pending proposition if a demand or request for such a vote is made and
if the request is supported by a sufficient number of Members:
Chair: The question is on the amendment offered by the gentleman
from __________.
Member: Mr. Speaker [or Mr. Chairman], I demand a recorded vote.
Chair: The gentleman asks for a recorded vote. As many as are in
favor of taking this vote by a recorded vote will stand and remain
standing until counted.
A demand for a recorded vote in the House under Rule I clause 5
must be supported by at least 44 Members (one-fifth of a quorum). 94-
1, Oct.
[[Page 892]]
20, 1975, pp 33004, 33005. See also 92-1, Nov. 4, 1971, p 39352; 94-2,
Sept. 21, 1976, p 31668. The count of Members standing to support a
demand for a recorded vote is not subject to challenge by appeal. 94-
2, June 24, 1976, pp 20390, 20391.
A request for a recorded vote must yield to the constitutional
prerogative of a Member to demand the yeas and nays (Sec. 14, infra).
But a request for a recorded vote may be made following a demand for
the yeas and nays, if that demand is withdrawn or does not receive a
sufficient second. 92-2, June 28, 1972, p 22981; 96-1, Oct. 30, 1979,
p 508. Even the Member who has withdrawn a demand for the yeas and
nays may himself request a recorded vote under clause 5, Rule I. 92-1,
Nov. 4, 1971, p 39352. And where one-fifth of the Members present have
refused to order the yeas and nays on a motion, and that motion later
becomes the unfinished business of the House, a Member may still
demand a recorded vote on the motion. 94-2, Sept. 21, 1976, pp 31640,
31641, 31668.
Timeliness of Demand for Recorded Vote; Interruptions
A request for a recorded vote is in order only after the Chair has
put the question. 93-2, Aug. 2, 1974, p 33623. It cannot interrupt a
voice vote or a vote by division which is in progress. 94-1, June 10,
1975, p 18048. The demand is timely where it is made before the
announcement of the voice or division vote. The demand is not timely
if the Member making it is not on his feet seeking recognition at the
time that the result of the vote is announced by the Chair. 94-1,
Sept. 25, 1975, p 30233; 97-1, July 9, 1981, p 15202. Thus, the demand
for a recorded vote on the question of passage of a bill is not timely
if the Member making the demand is not on his feet seeking recognition
for that purpose when the Chair announces the result of a voice vote
thereon and announces that the bill is passed. 95-1, Oct. 19, 1977, pp
34223, 34224. However, a Member's demand for a recorded vote may be
made after the Chair announces the result of a division vote if no
other business has intervened. 95-1, June 7, 1977, p 17703.
A demand for a recorded vote on an amendment comes too late after
the amendment has been voted on and agreed to and the Chair has
inquired as to the purpose of another Member rising. 98-1, July 21,
1983, p 20187. However, a mere inquiry relating to a pending motion,
raised after the Chair has announced the result of a voice vote, does
not constitute such intervening business as to preclude the right of a
Member to demand a recorded vote on the pending motion. 98-2, May 23,
1984, p 13928; 98-2, July 26, 1984, p 21250. In one instance, without
objection, the Speaker vacated the proceedings by which a bill was
passed by voice vote so that a Member,
[[Page 893]]
who had been on his feet seeking recognition, could demand a recorded
vote on the passage of the bill. 98-2, June 6, 1984, p 15164.
Repetition or Renewal of Demand
Only one request for a recorded vote on a pending question is in
order. Thus, a request for a recorded vote on a pending question
having been refused, a second request is not in order following a
division vote on that question. 94-2, Jan. 21, 1976, p 508. Likewise,
where a recorded vote is refused following the Chair's announcement of
doubt on a voice vote, and a division vote is then taken, the demand
for a recorded vote may not be renewed. 95-1, Feb. 24, 1977, p 5349.
A similar rule is followed in the Committee of the Whole; where
the Committee has refused a request for a recorded vote, the request
may be renewed only by unanimous consent. 95-1, June 2, 1977, p 17292.
A request for a recorded vote on an amendment once denied may not be
renewed in Committee of the Whole even where the absence of a quorum
is disclosed immediately following the refusal or where a quorum call
has intervened. 96-1, June 6, 1979, p 13648; 97-1, July 16, 1981, p
16003; 98-1, Oct. 25, 1983, p 29227. However, while a request for a
recorded vote once denied cannot be renewed following a quorum call in
the Committee, the request remains pending where the Chair had
interrupted its count of Members standing in support of the demand in
order to count for a quorum. 97-2, Aug. 5, 1982, p 19658.
Withdrawal of Demand
A demand for a recorded vote may be withdrawn before the Chair
begins to count Members supporting the demand, and unanimous consent
is not required. 94-1, Sept. 17, 1975, p 38904. Withdrawal is likewise
permitted without unanimous consent before the Chair has announced the
count of Members standing in support of the demand. 95-2, Sept. 27,
1978, p 32058; 95-2, Oct. 14, 1978, p 38158.
Postponement of Vote
Unanimous-consent permission to postpone recorded votes in the
Committee of the Whole must be obtained in the House and not in the
Committee of the Whole. 103-1, June 28, 1993, p ____. Deferred votes,
see Sec. 23, infra.
[[Page 894]]
Sec. 13 . Ordering the Yeas and Nays
In General; When Required
The yeas and nays are usually in order only after they are
demanded by a Member and the demand is supported by a sufficient
number of Members. Sec. 14, infra. But in some cases the yeas and nays
are required by law or by House rule. Under the Constitution, a vote
by the yeas and nays is required to pass a bill over the President's
veto (U.S. Const. art. I Sec. 7). See 4 Hinds Sec. 3520; 7 Cannon
Sec. 1110. See also Veto of Bills.
The yeas and nays are to be ``considered as ordered'' when the
question is put on certain measures such as bills providing general
appropriations or income tax rate increases. Rule XV clause 7. And the
yeas and nays are automatically ordered under the House rules when a
vote has been objected to for lack of a quorum, thereby precipitating
a simultaneous quorum call. Sec. 16, infra. A vote by the yeas and
nays is required to close a conference committee meeting under Rule
XXVIII clause 6 (Manual Sec. 913d). Such a vote may also be required
by statute. See for example 19 USC Sec. 1981 (Trade Expansion
Program); 50 USC Sec. 1545 (War Powers Resolution); 50 USC Sec. 1622
(termination of national emergency).
Effect of Ordering
The ordering of the yeas and nays ordinarily brings the pending
proposition to a vote but does not necessarily preclude all other
business. A motion to adjourn may be admitted after the yeas and nays
are ordered and before the vote has begun. 5 Hinds Sec. 5366. A motion
to suspend the rules and pass a bill has been entertained after the
yeas and nays have been demanded on another matter. 5 Hinds Sec. 6835.
Consideration of a conference report (5 Hinds Sec. 6457) or a motion
to reconsider the vote by which the yeas and nays have been ordered (5
Hinds Sec. 6029; 8 Cannon Sec. 2790) has also been permitted to
intervene.
Effect of Adjournment
An order for the yeas and nays remains in effect during an
adjournment and is taken up whenever the bill again comes before the
House. 5 Hinds Secs. 6014, 6015; 8 Cannon Sec. 3108. The House having
reconvened, the question of consideration may not intervene so as to
prevent a resumption of the yeas and nays. 5 Hinds Sec. 4949. However,
should a quorum fail to vote and the House adjourns, the question
recurs de novo when the bill again comes before the House. 76-3, Oct.
10, 1940, pp 13534, 13535; 87-2, Oct. 13, 1962, pp 23474, 23475; 89-2,
Oct. 19, 1966, p 27641.
[[Page 895]]
Sec. 14 . Demanding the Yeas and Nays
In General
A demand for the yeas and nays is in order after the question has
been put to a voice vote (93-2, Oct. 2, 1974, p 33623), but a vote is
taken only if a sufficient number of Members rise in support of the
demand. Under the Constitution, the demand must be supported by one-
fifth of the Members present. U.S. Const. art. I Sec. 5. Manual
Sec. 75.
Member: Mr. Speaker, I demand the yeas and nays.
Speaker: The yeas and nays are demanded. As many as are in favor
of taking this vote by yeas and nays will rise and stand until
counted.
(So many) have risen, not a sufficient number, and the yeas and
nays are refused. [Or] (So many) have risen, a sufficient number,
and the yeas and nays are ordered.
In contrast to a demand for a recorded vote, which requires the
support of one-fifth of a quorum (Sec. 12, supra), on a demand for the
yeas and nays the Speaker need determine only whether one-fifth of
those present sustain the demand. 5 Hinds Sec. 6043; 8 Cannon
Secs. 3112, 3115. Thus, if there are only 10 Members in the Chamber,
two Members rising in support of the demand are sufficient. Indeed, it
is well-settled that a quorum is not necessary to the ordering of the
yeas and nays. 5 Hinds Secs. 6016-6028; Manual Sec. 76.
In ascertaining whether one-fifth of those present support a
demand for the yeas and nays, the Speaker counts the entire number
present as well as those who rise in favor of the demand. 8 Cannon
Secs. 3111, 3120. A request for a rising vote of those opposed to the
demand is not in order. 8 Cannon Secs. 3112-3114. The Chair ordinarily
first counts those supporting the demand and then counts the House;
latecomers are included in the count until closed by the Chair. 101-2,
Sept. 24, 1990, p ____. The Speaker's count of the House on this
question is not subject to appeal. 95-2, Sept. 12, 1978, p 28949.
When in Order
The Speaker must put the question before a demand for the yeas and
nays is in order. See 93-2, Oct. 2, 1974, p 33623. The demand is in
order after the Speaker has put the question to a voice vote, is
announcing the result of a division (5 Hinds Sec. 6039), and even
after the announcement of such a vote if the House has not passed on
to other business (5 Hinds Secs. 6040, 6041). But a demand for the
yeas and nays comes too late after the Speaker has put the question on
a motion, announced the result, and the House has proceeded to other
business. 86-2, Apr. 25, 1960, p 17671; 89-
[[Page 896]]
2, Apr. 28, 1966, p 9230. It is likewise untimely where the Chair has
put a question to a voice vote, announced the result, and by unanimous
consent laid the motion to reconsider on the table. 95-2, Oct. 13,
1978, p 36976.
Precedence of Demand
Being of constitutional origin, a demand for the yeas and nays in
the House takes precedence over a demand for a vote of record under
clause 5, Rule I. 92-2, June 28, 1972, p 22981. A demand for the yeas
and nays in the House under the Constitution likewise takes precedence
over a demand for a division vote under clause 5 of Rule I. 103-1,
Mar. 29, 1993, p ____.
Demands as Dilatory; Repetition of Demand
The constitutional provision authorizing a demand for the yeas and
nays is liberally construed; the demand may be made by any Member (8
Cannon Sec. 3110), and cannot be denied merely on the ground that it
is dilatory (5 Hinds Sec. 5737; 8 Cannon Sec. 3107). However, the yeas
and nays having been once refused may not be again demanded on the
same question. 5 Hinds Sec. 6029. It is not in order during the
various processes of a division vote to repeat a demand for the yeas
and nays that has been rejected. 5 Hinds Sec. 6030; Manual Sec. 77. A
demand for the yeas and nays having been refused, and tellers then
having been ordered, a second demand for the yeas and nays was held
not in order. 90-2, June 26, 1968, pp 18938-40.
Withdrawal
When the demand for the yeas and nays has been supported by one-
fifth of the Members present, it is too late for the Member making the
demand to withdraw it. 86-2, May 26, 1960, p 11304.
Sec. 15 . Voting by the Yeas and Nays
In General
Under the earlier practice, yea and nay votes were cast in
response to the Clerk's call of the roll of Members in alphabetical
order. Manual Sec. 765. Today, yea and nay votes are almost invariably
cast by use of the electronic voting system, and need not be cast in
alphabetical sequence. However, the Speaker has the discretion to have
the Clerk call the roll for the yeas and nays (Manual Sec. 774b). And
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 the question and objection is made for that reason. 93-1,
May 16, 1973, p 15850.
[[Page 897]]
Reconsideration
A motion to reconsider a vote ordering the yeas and nays (5 Hinds
Sec. 6029; 8 Cannon Sec. 2790) or refusing the yeas and nays (5 Hinds
Sec. 5692) is in order. A yea and nay vote itself is likewise subject
to reconsideration. If the House (by a majority vote) agrees to
reconsider, the yeas and nays may again be ordered (by one-fifth of
those present). 5 Hinds Secs. 5689-5691. But if the House, having
reconsidered, again orders the yeas and nays, a second motion to
reconsider is not in order. 5 Hinds Sec. 6037.
Disclosure of Member's Vote
A Member's vote, whether ``Yea,'' ``Nay,'' or ``Present,'' appears
in the Congressional Record and, as required by the Constitution (U.S.
Const. art. I Sec. 5), in the House Journal. Manual Sec. 75. However,
there is no requirement that a Member's vote be announced publicly
during the vote. 99-1, Sept. 19, 1985, p 24245.
Sec. 16 . ``Automatic'' Yea and Nay Votes
On any vote in the House, the vote may be objected to for lack of
a quorum under Rule XV clause 4, thereby precipitating a quorum call
and a simultaneous ``automatic'' ordering of the yeas and nays. 95-2,
Oct. 14, 1978, p 38553. That rule provides that ``whenever a quorum
fails to vote on any question, and a quorum is not present and
objection is made for that cause . . . there shall be a call of the
House . . . and the yeas and nays . . . shall at the same time be
considered as ordered.'' Manual Sec. 773. An automatic call results
under this rule when the objection that a quorum is not present and
voting is made in the House after a voice vote. 6 Cannon Sec. 697. An
automatic call under this rule is not in order in Committee of the
Whole. 89-2, Aug. 2, 1966, p 17844.
The Speaker may direct that an ``automatic'' vote in the House be
taken by electronic device, or may, in his discretion, direct the
Clerk to call the roll. 93-1, May 16, 1973, p 15860.
The automatic call and vote that ensues under Rule XV clause 4
when a quorum fails to vote is applicable whether the House is voting
viva voce (6 Cannon Sec. 697), by division (6 Cannon Sec. 691), by
tellers (4 Hinds Sec. 3053), or by the yeas and nays (6 Cannon
Sec. 703), but does not apply when the House is voting on some
question which does not require a quorum, such as a motion incidental
to a call of the House. 4 Hinds Sec. 2994; 6 Cannon Sec. 681. While 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. 6 Cannon Sec. 700; 82-1, June 15, 1951, p 6621.
[[Page 898]]
See also Quorums.
Sec. 17 . Roll Call Votes
In General
Because of the availability of the electronic voting system
(Sec. 2, supra), roll call votes are rarely taken under the modern
practice. Today roll call votes are ordinarily taken only during the
process of electing a Speaker--where the responses are the surnames of
those nominated (Manual Sec. 312)--or in the event of a malfunction of
the electronic voting system (98-1, July 13, 1983, p 18844).
Nevertheless, the Speaker has broad discretionary power to invoke a
roll call vote (Manual Sec. 774b), and he 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 (93-1, May 16, 1973, p 15850).
The Clerk calls the roll of Members in alphabetical order by
surname. The Speaker's name is called at the close of the roll. 5
Hinds Sec. 5965. The roll is called twice--the second roll call being
limited to those Members who failed to respond to the first call. A
Member may cast his vote even after his name has been called provided
the result of the vote has not been announced. 4 Hinds Sec. 3052.
Interruptions
A motion to adjourn may be made before the roll call begins. 4
Hinds Sec. 3050. And a roll call may be interrupted for the reception
of messages (5 Hinds Sec. 5602) and by the arrival of the hour fixed
for adjournment sine die (5 Hinds Secs. 6715-6718). However, a roll
call may not be interrupted by:
A motion to adjourn. 5 Hinds Sec. 6053.
A parliamentary inquiry. 5 Hinds Sec. 6058; 8 Cannon
Sec. 3132.
A question of personal privilege. 5 Hinds Secs. 6058, 6059; 6
Cannon Secs. 554, 564.
The arrival of the hour fixed for another order of business. 5
Hinds Sec. 6056.
The arrival of the hour fixed for a recess. 5 Hinds
Secs. 6054, 6055; 8 Cannon Sec. 3133.
A conference report. 5 Hinds Sec. 6443.
Sec. 18 . Teller Votes With Clerks
``Tellers with clerks'' refers to a voting method adopted in 1971
to make it possible to record the votes of individual Members in the
Committee of the Whole. Manual Sec. 630a. Under this rarely used
voting practice, the Chair has the discretion to order the Clerk ``to
tell the names of those vot-
[[Page 899]]
ing on each side of the question.'' Rule I clause 5(a). Each Member is
given a tally card on which he enters his voting preference and his
signature. The Members then deposit these cards in ballot boxes
located in the Chamber.
Tellers with clerks as a voting method fell into disuse in 1972
with the adoption of the more efficient electronic voting system (see
Sec. 2, supra). Tellers with clerks remains as a stand-by procedure to
be used only in the event of malfunction of the electronic system or
in the event the Clerk is unable to call the roll.
Sec. 19 . Pairing
General Pairs; Specific Pairs
A pair is an informal agreement between Members on opposite sides
not to vote on a specified question or for a stipulated time during
their anticipated absence from the House. Since the pairing Members
are on opposite sides, their absences do not effect the result of the
vote. Pairing permits Members to indicate their position with respect
to a question even though they will not be present when the vote is
taken. Pairs are not counted in vote totals, but their names are
published in the Congressional Record.
Pairing is permitted in the House by Rule XV clause 1 and Rule
VIII clause 2. In 1975, the House amended the latter rule to permit
pairing in Committee of the Whole. See 94-1, Jan. 14, 1975, p 20.
Pairing is only permitted prior to the announcement of the result
of the vote. Manual Sec. 660a. After the Speaker has announced the
result of a vote it is too late for a Member to announce a pair with
an absent Member. 92-2, Oct. 5, 1972, p 34166.
A Member may arrange to be paired with another Member on the
opposite side through contact with a pair clerk. Such clerks are floor
employees designated by the party leaderships. Pairing Members may
provide for the commencement and termination of the pair on specific
dates, and may indicate if desired the stand of each Member on
measures to be voted on. Or a Member may indicate that he wishes to
stand ``with the Majority Leader'' in being paired with another
Member. See 8 Cannon Sec. 3077.
``Live'' Pairs
Live pairs involve an agreement between one Member who is present
and voting and another on the opposite side of the question, who is
absent. By agreement, the voting Member withdraws his vote and records
himself as ``present.'' 91-1, Dec. 9, 1969, p 37996.
[[Page 900]]
Member: Mr. Speaker, on the vote just recorded I voted ``Aye'' (or
``No''). I have a pair with the gentleman from __________ and desire
to change my vote and be recorded as ``Present.''
Chair: The Clerk will call the gentleman's name.
Such announcements must be made before the vote is finally
declared. 92-2, Oct. 5, 1972, p 34166.
Enforcement and Construction of Pair Agreements
The House does not consider questions arising out of the breaking
of a pair (5 Hinds Sec. 5982), nor will it permit a Member to vote
after the call on the ground that he had refrained from voting because
of misunderstanding as to a pair (5 Hinds Secs. 6080, 6081). Neither
the Speaker nor the House exercises jurisdiction over pair agreements.
5 Hinds Sec. 6095; 8 Cannon Secs. 3082, 3085, 3087, 3089, 3093. The
interpretation of the terms, provisions, and conditions of a pair
rests exclusively with the contracting Members. The House does not
construe them or consider questions or complaints arising out of their
violation. 8 Cannon Sec. 3085. Such questions must be determined by
the interested Members themselves. 5 Hinds Secs. 5981, 5982.
Correcting the Record
The failure of the Congressional Record to accurately record a
pair is subject to correction just as any other error in the Record. 8
Cannon Sec. 3079. A Member may, by unanimous consent, correct the
Record where a pair is not properly listed. 88-1, Dec. 10, 1963, p
22820.
F. Voting Periods; Time Limitations
Sec. 20 . In General; Fifteen-minute Votes
Generally
Members have a minimum of 15 minutes from the time of the ordering
of a recorded vote to be in the Chamber. Rule I clause 5 (Manual
Sec. 630a) and Rule XV clause 5(b) (Manual Sec. 774b). Members who are
in the Chamber at the expiration of that time will be permitted to
vote prior to the announcement of the result by the Chair. 92-1, July
27, 1971, p 27373. And the Chair has the discretion to allow
additional time for Members to record their votes before announcing
the result. 93-1, June 6, 1973, p 18403.
Although Members have a minimum of 15 minutes in which to record
their votes on a vote taken by electronic device, the Chair has
discretion to close the vote and to announce the result at any time
after 15 minutes have elapsed. Thus, no point of order lies against
the decision of the Chair
[[Page 901]]
in his discretion to close a vote taken by electronic device after 15
minutes have elapsed. 95-2, Mar. 14, 1978, p 6839.
Voting Alerts; Bell and Light System
A legislative call system alerts Members to the taking of a vote
as well as the kind of vote and the duration of the voting period.
This system uses bells and lights that are activated through clocks
located throughout the House and its adjacent office buildings. Manual
Sec. 765a. Members should not rely on signals relayed from outside the
Chamber to assume that votes will be held open until they arrive. 104-
1, Jan. 4, 1995, p ____. A mechanical malfunction of this call system
does not result in the retaking of a vote except by unanimous consent
(8 Cannon Secs. 3153, 3154), and such failure does not permit a Member
to be recorded following the conclusion of the call. Manual Sec. 765a.
In one instance, the Committee of the Whole agreed to a unanimous-
consent request that a recorded vote on an amendment be vacated and
that a new recorded vote be taken on the amendment, where it was
alleged that erroneous clocks outside the Chamber and on the televised
proceedings had misled Members as to the amount of time available. 98-
1, May 3, 1983, p 10773.
Sec. 21 . Five-minute Votes in the House; ``15-and-5'' Votes
Generally
Although 15 minutes is the usual time to respond to an order for a
recorded vote in the House, the Speaker has discretionary power, under
some circumstances, to reduce such time to five minutes. The rules of
the House (Rule I and Rule XV) permit the Chair in his discretion to
order five-minute votes:
On an underlying question immediately following a roll call
vote on ordering the previous question. Manual Sec. 774bb.
On additional questions on which the Speaker has postponed
further proceedings immediately following a 15-minute vote on
the first such postponed question. Manual Sec. 631. Generally,
see Sec. 23, infra.
On final passage of a measure immediately following a 15-
minute recorded vote on a motion to recommit. Manual
Sec. 774bb.
On second and subsequent separate votes in the House on
amendments reported from the Committee of the Whole immediately
following a 15-minute vote on the first such separate vote.
Manual Sec. 774bb.
On a pending question immediately following a regular quorum
call in Committee of the Whole. Manual Sec. 863. See also
Sec. 22, infra.
On any or all pending amendments immediately following a 15-
minute recorded vote on the first such pending amendment in
Committee of the Whole. Manual Sec. 864a. See also Sec. 22,
infra.
[[Page 902]]
These votes, often referred to as ``15-and-5'' votes, are in order
before other business intervenes. Thus, under clause 5(b)(1) of Rule
XV, the Speaker has discretion to conduct ``15-and-5'' voting after a
roll call vote has been ordered on the previous question on a
proposition if the question of adoption follows without intervening
business. 103-1, Feb. 3, 1993, p ____.
By Unanimous Consent
The House may by unanimous consent authorize the Speaker to reduce
the time to respond to a recorded vote. Under this practice, the
response time may be set at two minutes (100-2, Oct. 4, 1988, p
28126), although five minutes is the more customary time agreed to.
98-2, June 21, 1984, p 17709. Thus, by unanimous consent, the House
may permit a reduction of time to five minutes on a subsequent record
vote by electronic device, if ordered, on an amendment reported from
the Committee of the Whole on which a separate vote has been demanded.
98-1, Nov. 8, 1983, p 31502; 99-1, Oct. 8, 1985, pp 26665-67. And in
one instance, by unanimous consent, the House reduced to five minutes
the minimum time for a required record vote on a motion to close a
conference meeting, to be made immediately following another record
vote previously postponed. 98-1, Aug. 1, 1983, p 22029.
Sec. 22 . Five-minute Votes in Committee of the Whole
Discretion of Chair
Although 15 minutes is the usual minimum time for Members to
respond to an order for a recorded vote in the Committee of the Whole,
the Chairman has the discretion, under some circumstances, to reduce
such time to five minutes. In 1979, Rule XXIII was amended to give the
Chairman the discretion to reduce to five minutes the period for a
recorded vote following a regular 15-minute quorum call. Manual
Sec. 863. An announcement of a possible five-minute vote must be made
by the Chair in advance under this rule. 98-1, May 4, 1983, p 11063.
In 1991, Rule XXIII was further amended to extend the
discretionary authority of the Chair to order five-minute votes with
respect to electronic votes on amendments pending in the Committee.
Where an electronic vote is pending on two or more amendments, and the
vote has been taken on the first pending amendment and there is no
intervening business, the Chair may in his discretion reduce the time
for voting on the remaining amendments to five minutes. Rule XXIII
clause 2(c).
[[Page 903]]
By Unanimous Consent
The Chairman of the Committee of the Whole has on rare occasions
entertained a unanimous-consent request to reduce the minimum period
of time for a recorded vote to five minutes. In one instance, by
unanimous consent, the Committee permitted consecutive subsequent
recorded votes, if ordered on divisible portions of an amendment, to
be five-minute votes by electronic device, where no debate time
remained on any portion of the amendment. 98-1, Nov. 8, 1983, p 31497.
But the Chair will not entertain such a request under circumstances
(such as where debate has intervened after a previous vote) where
Members may have inadequate notice of the reduction in time for
voting. 98-2, June 27, 1984, p 19126; 99-1, July 10, 1985, p 18423.
Sec. 23 . Deferred or Clustered Votes
The Speaker has the discretionary authority under Rule I clause
5(b), as amended in 1995, to postpone certain questions and to
``cluster'' them for voting at a designated time or place in the
legislative schedule, and, after the vote on the first such question,
to reduce to five minutes the vote on all of the additional questions
so postponed. Manual Sec. 631. The rule specifically applies to the
questions of:
Approval of the Journal.
Passing bills or adopting resolutions (or moving the previous
question thereon).
Agreeing to motions to suspend the rules.
Agreeing to conference reports or to certain motions to
instruct conferees (or moving the previous question thereon).
These categories are not mutually exclusive. For example, the
Speaker may ``cluster'' a vote on the approval of the Journal with
motions to suspend the rules. 103-1, Mar. 29, 1993, p ____.
For all such categories, the postponement authorized by the rule
must be to a time within two legislative days, with the exception of
questions relating to the approval of the Journal. Such questions may
be postponed only to a time on the same legislative day. Manual
Sec. 631.
The discretionary authority of the Speaker to postpone votes under
this rule arises after a vote of record is ordered or when a vote is
objected to for lack of a quorum. Manual Sec. 631. Thus, under this
rule, the Speaker may postpone the vote on the question of passage of
a bill, where the vote has been objected to on the grounds that a
quorum is not present. 99-2, Oct. 9, 1986, p 30104. The authority of
the Speaker to postpone such a vote does
[[Page 904]]
not continue once a record vote has commenced or once the Speaker has
announced the absence of a quorum. 98-1, July 13, 1983, p 18844.
Where the proposition does not fall within one of the categories
listed by clause 5(b), the Chair does not have discretionary authority
to order a five-minute vote but may do so by unanimous consent. 99-2,
Oct. 6, 1986, p 28704. Thus, since procedural motions to postpone are
not included among those propositions on which the Speaker is
authorized to cluster a vote, the Speaker may, by unanimous consent
only, postpone the vote on such a motion. 98-1, Aug. 1, 1983, p 21900.
Under clause 5 of Rule I, the Speaker has the discretion to reduce
the time to five minutes only on ``clustered'' record votes following
the first vote in the series; and the first vote must be a 15-minute
vote. Compare 98-1, Nov. 8, 1983, p 31510. The Speaker will not
entertain unanimous-consent requests to reduce the first postponed
record vote in a series to five minutes unless Members are adequately
notified and unless it immediately follows a 15-minute vote on a
pending matter. See 98-2, July 24, 1984, p 20675; 99-1, Oct. 8, 1985,
pp 26665-67.
Once announced the Chair may redesignate the time for taking
postponed votes within the permissible period. 98-2, June 6, 1984, p
15080.
In exercising his authority under this rule, the Speaker may
announce that the consideration of certain postponed questions may be
interrupted by other privileged business. 97-1, Dec. 15, 1981, p
31506. And the ``clustering'' of record votes on postponed matters
does not prevent the Chair from entertaining a unanimous-consent
request between postponed votes. 98-1, Feb. 15, 1983, p 2175.
Sec. 24 . Time to Cast Vote
It is not in order, even by unanimous consent, to permit Members
to have their votes recorded after the announcement of the result. 86-
1, Mar. 12, 1959, p 4039; 86-2, May 12, 1960, p 10206; 92-1, Mar. 17,
1971, p 6809. It is too late for a Member to cast a vote on a recorded
vote after the Chair has announced the result of the vote (92-1, May
12, 1971, p 14584), even though the Member states that he was in the
Chamber prior to the announcement (92-1, Sept. 30, 1971, p 34291).
Similarly, a Member may not be recorded on a yea and nay vote after
the result of the vote has been announced (87-2, Mar. 29, 1962, p
5438), even though he was present in the Chamber during the vote (90-
1, July 18, 1967, p 19300).
[[Page 905]]
G. Vote Changes, Corrections, and Announcements
Sec. 25 . In General; Vote Changes
A Member who has voted may change his vote at any time before the
final announcement of the result of the vote. 5 Hinds Secs. 5934,
6093, 6094; Manual Sec. 766. At that time a ``Present'' vote may be
changed as well as an ``Aye'' or ``No'' vote. 5 Hinds Sec. 6060. But a
Member may not withdraw his vote without leave of the House. 5 Hinds
Sec. 5930.
Changes in votes cast are barred following the announcement of the
result of the vote. 5 Hinds Secs. 5931-5933; 8 Cannon Sec. 3124; 92-1,
Nov. 9, 1971, p 40062. A Member may not change his vote even by
unanimous consent after the result has been announced. 99-2, June 17,
1986, p 14038.
Where a vote is being taken by electronic device, Members are
permitted to change their votes by reinserting their voting cards in
the voting stations during the first 10 minutes of 15-minute votes (or
by announcement in the well after the Chair has asked for changes) or
at any time during five-minute votes. Following the expiration of the
minimum time for voting by electronic device and the closing of
electronic voting stations, but prior to the Speaker's announcement of
the result, any Member may either change his vote or cast an initial
vote from the well by use of a ballot card. 94-1, Sept. 23, 1975, p
28951. See also Sec. 2, supra.
Members who wish to change their votes on a recorded vote
conducted by tellers with clerks may announce their vote change in the
well prior to the announcement of the result. 93-1, July 11, 1973, pp
23156, 23161. If the correction is made prior to the announcement of
the result by the Chair, unanimous consent is not required. 92-1, July
27, 1971, p 27374.
Where a Member changes his vote following a roll call and before
the announcement of the result by the Chair, the change appears in the
Record. This occurs even where the Member changes his vote twice,
thereby reverting to his original voting stance. 91-1, Dec. 20, 1969,
p 40456.
Sec. 26 . Correcting the Record
Electronic Votes
The Speaker declines to entertain requests to correct the Journal
and Record on votes taken by electronic device. The Chair presumes the
technical accuracy of the electronic system if properly utilized and
relies on the responsibility of each Member to correctly cast and
verify his vote. Manual Sec. 766; 93-1, Feb. 6, 1973, p 3558; 93-2,
Dec. 3, 1974, p 37426. Recognition for such a request may be denied
despite assurances by a Member that he had verified his vote by
reinserting his card. 93-1, Apr. 18, 1973, p
[[Page 906]]
13081. But the incorrect transcription by the official reporters of
debates of a vote change announced in the well may be corrected in the
Record by unanimous consent. 94-1, Sept. 24, 1975, p 30059.
The Speaker has declined to entertain a unanimous-consent request
to correct a vote taken by electronic device although the Member was
recorded as voting on a day when he was on leave from the House, no
explanation having been offered for the discrepancy. 96-1, July 31,
1979, p 21660. For a report of the Committee on Standards of Official
Conduct on voting anomalies, see H. Rept. No. 96-991, May 15, 1980.
Nonelectronic Votes
Where the electronic voting system is not in use, and a Member is
incorrectly recorded on a roll call, he may correct his vote before
the announcement of the result, with the corrected vote being properly
recorded and the change duly noted in the Record. 87-1, Sept. 6, 1961,
p 18256. After the announcement of the result of such a vote, while it
is not permissible to change a vote, a Member may seek unanimous
consent to correct the Record where his vote was incorrectly recorded
or, though cast, was not recorded at all. 86-1, May 28, 1959, p 9335;
88-1, Sept. 10, 1963, p 16697. In entertaining such requests, the
Chair does not pass judgment on the Member's explanation as to how he
was improperly recorded or how, though present and having voted, he
was not recorded, nor does he challenge the Member's word on how he
voted during the roll call. See 86-1, May 29, 1959, p 9335. Indeed,
when a vote actually given fails to be recorded during a call of the
roll (5 Hinds Secs. 6061, 6062), the Member may, before the approval
of the Journal, demand as a matter of right that correction be made (5
Hinds Sec. 5969; 8 Cannon Sec. 3143). Manual Sec. 766.
Members who have been incorrectly recorded on a nonelectronic vote
taken by clerks pursuant to clause 5, Rule I have, by unanimous
consent, had their votes corrected following the announcement of the
result. 92-1, Mar. 18, 1971, p 7023. The Chair will not entertain such
requests after further business has been transacted.
A Member, ascertaining that an absent colleague has been
inadvertently recorded on a nonelectronic roll call vote, may have the
vote deleted by unanimous consent, prior to the announcement of the
result. 88-1, June 13, 1963, p 10871; 88-1, Aug. 12, 1963, p 14758.
Sec. 27 . Recapitulations
A Member may not demand a recapitulation of a vote taken by
electronic device. 94-1, July 30, 1975, p 25841. The recapitulation of
such votes is refused because all Members may determine whether they
were correctly
[[Page 907]]
recorded by examining the display panel over the Speaker's rostrum
(94-1, Sept. 17, 1975, p 28903) and because, even if the display
panels are inoperative, individual votes and vote totals may be
verified through the voting and monitoring stations (95-2, June 21,
1978, p 18260).
Record votes that do not involve the use of the electronic voting
system are subject to recapitulation (5 Hinds Secs. 6049, 6050) at the
discretion of the Speaker (8 Cannon Sec. 3128), either before or after
the announcement of the result (8 Cannon Sec. 3125). 86-1, Sept. 2,
1959, p 17752. See Manual Sec. 765. But the Speaker may decline to
entertain a request for a recapitulation of such a vote until after
the announcement of the vote. 87-2, Oct. 12, 1962, p 23434. The
greater the numerical difference between the vote totals, the greater
the likelihood that the Speaker will decline to order a
recapitulation. In one instance, the Speaker declined to order a
recapitulation where the difference in the totals was as great as 10
votes (87-2, June 21, 1962, p 11383) but in another, the Speaker
ordered a recapitulation where there was merely a three-vote
difference (5 Hinds Sec. 6050).
A Member may not change his vote on recapitulation if the result
has been announced (8 Cannon Sec. 3124), but errors in the record of
such votes may be corrected (8 Cannon Sec. 3125). Corrections of votes
on recapitulation are made after the Clerk reads the names of the
Members voting yea and again after the nays are read. 86-1, Sept. 2,
1959, p 17752.
Sec. 28 . Announcements as to Voting Preference
A Member, having been absent for a recorded vote, may announce how
he would have voted had he been present to vote. 86-1, May 20, 1959, p
8690.
Member: Mr. Speaker, on roll call 125, I was late getting here as
a result of ________________________. Had I been present I would
have voted ``aye.'' I ask unanimous consent that this statement
appear in the Record following the announcement of the vote.
But neither the rules nor the practice permit a Member to announce
after a record vote how absent colleagues would have voted if present.
6 Cannon Sec. 200; Manual Sec. 767.
H. Majority Votes; Super-majority Votes
Sec. 29 . In General; Tie Votes
``The voice of the majority decides . . . where not otherwise
expressly provided,'' wrote Jefferson, expressing a fundamental
precept of parliamen-
[[Page 908]]
tary law. Manual Sec. 508. Most business that comes before the House
is decided by a majority vote, and, by House rule, all questions
relating to the priority of business are decided by a majority. Rule
XXV. Manual Sec. 900. Under a rule in effect since the first Congress,
if the House vote on a proposition is a tie, the proposition is
defeated. Rule I clause 6. Manual Sec. 632. See also Hinds Secs. 5926,
5964.
Two-thirds Votes
Under the Constitution or by House rule, a two-thirds vote is
expressly required in the House on:
Amendments to the Constitution. U.S. const. art. V. Manual
Sec. 190.
Passage of bills over a veto. U.S. Const. art. I Sec. 7.
Manual Sec. 104.
Dispensing with Calendar Wednesday. Rule XXIV. Manual
Sec. 897.
Dispensing with the call of the Private Calendar. Rule XXIV.
Manual Sec. 893.
Same-day consideration of reports from the Committee on Rules.
Rule XI clause 4b. Manual Sec. 729a.
Suspension of the rules. Rule XXVII. Manual Sec. 902.
Expulsion of a Member. U.S. Const. art. I Sec. 5. Manual
Sec. 63.
Removal of political disabilities. U.S. Const. Amendment XIV
Sec. 3. Manual Sec. 230.
A two-thirds vote ordinarily means two-thirds of those voting, a
quorum being present, and not two-thirds of the entire membership.
Such a vote requires an affirmative vote by two-thirds of those
Members actually voting; Members who indicate only that they are
``present'' are not counted in determining the two-thirds figure. 98-
1, Nov. 15, 1983, p 32685. This method of computing a two-thirds vote
is applied to votes on passage of a constitutional amendment (5 Hinds
Sec. 7027; 8 Cannon Sec. 3503), to votes on the passage of a bill over
the President's veto (7 Cannon Sec. 1111), and to a vote on a motion
to suspend the rules (97-1, Dec. 16, 1981, pp 31850 et seq.).
Three-fifths Votes
Under a rule adopted in 1995, an income tax rate increase can be
passed only by a vote of not less than three-fifths of the Members
voting. Rule XXI clause 5(c).
A bill called up from the Corrections Day Calendar also requires a
three-fifths vote for passage. Rule XIII clause 4(c).