[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 21. Division of the Question for Voting]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
A. Generally
Sec. 1. In General; Form
Sec. 2. Tests of Divisibility
Sec. 3. Demanding a Division
B. Division of Particular Propositions
Sec. 4. In General
Sec. 5. Simple or Concurrent Resolutions
Sec. 6. -- Resolutions Naming Two or More Individuals
Sec. 7. -- Special Orders of Business
Sec. 8. Amendments
Sec. 9. -- En Bloc Amendments
Sec. 10. Motions to Strike
Sec. 11. Motions to Strike and Insert
Sec. 12. Motions to Suspend the Rules
Sec. 13. Motions to Recommit; Motions to Instruct Conferees
Sec. 14. Motions to Table
Sec. 15. Senate Amendments
C. Consideration of Divided Propositions
Sec. 16. In General
Research References
5 Hinds Sec. Sec. 6106-6162
8 Cannon Sec. Sec. 3163-3176
Deschler-Brown Ch 30 Sec. Sec. 42-52
Manual Sec. Sec. 480-482, 919-921
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A. Generally
Sec. 1 . In General; Form
Under clause 5 of rule XVI, a question that consists of two or
more separable substantive propositions is subject to a division of
the question, if demanded, so as to obtain a separate vote on each
proposition. Deschler-Brown Ch 30 Sec. 42. The procedure is applicable
in the Committee of the Whole as well as in the House. See, e.g.,
Deschler-Brown Ch 29 Sec. 42.12.
The rule prohibits its application to special orders of business
from the Committee on Rules, to propositions electing Members to
standing or joint committees, and to a motion to strike and insert.
Manual Sec. 919. The entire rule may be suspended by the adoption of a
resolution from the Committee on Rules. 7 Cannon Sec. 775.
Sec. 2 . Tests of Divisibility
To be divided for a vote, a question must consist of at least two
separate and distinct propositions both grammatically and
substantively, so that if one proposition is rejected, a separate
proposition logically will remain. Manual Sec. 921; 8 Cannon
Sec. 3165; Deschler-Brown Ch 30 Sec. Sec. 42.1, 42.3. In passing on a
demand for division, the Chair considers only the severability of the
propositions and not the merits of the question presented. 5 Hinds
Sec. 6122.
The requirement that there must be at least two substantive
propositions in order to justify division is strictly enforced. 5
Hinds Sec. Sec. 6108-6113. If either proposition, standing alone, is
not a distinct substantive proposition, the question is not divisible,
even though each portion is grammatically complete. 7 Cannon
Sec. Sec. 3165, 3167. However, in dividing a question into separate
propositions, some restructuring of the language used is permissible.
Manual Sec. 921; 5 Hinds Sec. Sec. 6114-6118.
Sec. 3 . Demanding a Division
A request for a division of the question does not require
unanimous consent, and no motion is made. Deschler-Brown Ch 30
Sec. 42.4. The Member seeking a division rises and addresses the
Chair:
Member: M_. Speaker, I demand a division of the question.
Speaker: The gentle___ will indicate the proposition(s) on which a
separate vote is desired. . . .
Speaker: The gentle___ requests a division, and that portion of
the proposition will be divided for a separate vote.
[Or]
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Opponent: M_. Speaker, I make the point of order that the question
is not susceptible of division, and that the portions indicated by
the gentle___ do not constitute separate substantive propositions.
A demand for a division of a question is in order even after the
previous question has been ordered. 5 Hinds Sec. Sec. 5468, 6149; 8
Cannon Sec. 3173. Under clause 5 of rule XVI, the demand for a
division is in order before the question is put to the House for a
vote. Deschler-Brown Ch 30 Sec. 42.4. The question may not be divided
after it has been put or after the yeas and nays have been ordered. 5
Hinds Sec. Sec. 6160-6162. The demand is likewise untimely if the
question is one against which a point of order has been raised and is
pending. 8 Cannon Sec. 3432.
A demand for a division of the question may be withdrawn. However,
withdrawal is permitted only by unanimous consent once the Chair has
put the question on the first portion to be voted on. Manual Sec. 921;
Deschler-Brown Ch 30 Sec. 42.11. A demand having been made by one
Member, another Member may demand a further division, if the
proposition is susceptible to such further division. 111-2, May 28,
2010, p __.
B. Division of Particular Propositions
Sec. 4 . In General
Generally; Distinction Between Bills and Resolutions
Whether a division of the question may be demanded depends on the
nature of the pending matter and on whether it meets the tests of
divisibility imposed by rule XVI. Sec. 2, supra. Certain House
resolutions--whether simple or concurrent--are subject to the demand.
Sec. 5, infra. However, bills and joint resolutions are not divisible.
A separate vote may not be demanded on various provisions set forth in
such a measure or on its preamble. 5 Hinds Sec. Sec. 6144-6147; 8
Cannon Sec. 3172. When the previous question has been ordered on
adoption of a measure containing a series of simple resolutions, they
may be divided. 5 Hinds Sec. 6149.
The question of engrossment and third reading of a bill under
clause 8 of rule XVI is not subject to a demand for a division of the
question. Manual Sec. 943. Certain amendments, such as a compound
motion to strike (Sec. 10, infra), may be divided. However, most other
motions are not divisible. A motion for the previous question on a
proposition and an amendment thereto is not divisible. Manual
Sec. 996; Deschler-Brown Ch 30 Sec. 46.1. Division of the question is
possible on a motion that a Member-elect's creden
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tials be referred to committee and that such individual be sworn. 5
Hinds Sec. 6117.
Appeals
There may be a division of the question on an appeal from a
decision of the Speaker if the decision involves two or more separate
and distinct questions. 5 Hinds Sec. 6157.
Sec. 5 . Simple or Concurrent Resolutions
A simple or concurrent resolution may be subject to a demand for a
division of the question if it satisfies the test of divisibility
imposed by rule XVI. Sec. 2, supra. Thus, a concurrent resolution on
the budget is subject to a demand for a division of the question if
the resolution grammatically and substantively relates to different
fiscal years or includes a separate, hortatory section having its own
grammatical and substantive meaning. Manual Sec. 921; Deschler-Brown
Ch 30 Sec. 42.5. An impeachment resolution has been divided for a
separate vote on each article. Manual Sec. 921; 6 Cannon Sec. 545.
To be subject to a demand for a division of the question, a
resolution must present two or more separate and distinct substantive
propositions. It has been held that a resolution (1) censuring a
Member and (2) adopting the committee report recommending such censure
on the basis of the committee's findings is not divisible because
these questions are substantively equivalent. Deschler-Brown Ch 30
Sec. 42.2. An adjournment resolution that also authorizes the receipt
of veto messages from the President during the adjournment is not
subject to a division of the question, as the receipt authority would
be nonsensical standing alone. Manual Sec. 921.
It is not in order to demand a division of the question on matters
that are merely incorporated by reference in the pending resolution.
For example, when a resolution to adopt a series of rules, referred to
but not made a part of the resolution, is before the House, it is not
in order to demand a separate vote on each rule. 5 Hinds Sec. 6159.
Sec. 6 . -- Resolutions Naming Two or More Individuals
Under clause 5 of rule XVI, a resolution electing Members to
standing or joint committees is not divisible. However, other types of
resolutions relating to two or more named individuals may be divided
for the purpose of voting. Deschler-Brown Ch 30 Sec. 49. For example,
a resolution confirming the nomination of certain individuals to
executive branch offices is subject to a division of the question so
as to obtain a separate vote on each nominee. Deschler-Brown Ch 30
Sec. 49.2. A resolution with two resolve clauses
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separately certifying the contemptuous conduct of two individuals is
divisible. Manual Sec. 921. Similarly, a resolution with one resolve
clause certifying contemptuous conduct of several individuals may be
divisible. Manual Sec. 299; but see Deschler-Brown Ch 30 Sec. 49.1.
A resolution relating to two or more named individuals may be
divided even though that may require a grammatical reconstruction of
the text. 5 Hinds Sec. 6121. A word that is a mere formality, such as
``resolved,'' is sometimes supplied by interpretation of the Chair. 5
Hinds Sec. Sec. 6114-6118.
Sec. 7 . -- Special Orders of Business
Under clause 5 of rule XVI, resolutions reported from the
Committee on Rules providing a special order of business are not
divisible. However, other types of special orders of business from
that committee are subject to a demand for a division where the
resolution contains separate and distinct substantive propositions.
For example, a resolution reported from that committee establishing
two or more select committees is subject to a demand for a division of
the question. Manual Sec. 921.
Sec. 8 . Amendments
Generally
Clause 5 of rule XVI permits a division of the question on an
amendment on the demand of any Member where the amendment is properly
divisible into two or more substantive propositions. A division is in
order on an amendment if the amendment contains propositions so
distinct in substance that, one being taken away, a substantive
proposition remains. Manual Sec. 921; Deschler-Brown Ch 30 Sec. 42.13.
Thus, an amendment offered to an appropriation bill providing that no
part of the appropriation may be paid to named individuals may be
divided for a separate vote on each name. Deschler-Brown Ch 30
Sec. 49.4. An amendment in the form of a motion to strike and insert
is not divisible. See Sec. 11, infra.
Amendments in Committee of the Whole
The rule permitting a division of the question is applicable to an
amendment (other than a motion to strike and insert) consisting of two
or more substantive propositions under consideration in the Committee
of the Whole. Deschler-Brown Ch 30 Sec. 43. A request for a division
of the question on such an amendment may be made at any time before
the Chair puts the question thereon. 5 Hinds Sec. 6162. An amendment
reported to the House from the Committee of the Whole as a discrete
amendment is not subject
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to a division of the question in the House. 4 Hinds Sec. Sec. 4883-
4892; see generally Committees of the Whole.
Perfecting Amendments; Substitute Amendments
An amendment adding language to the pending text is divisible if
the language to be added contains two or more distinct propositions. 5
Hinds Sec. Sec. 6129, 6133. However, an amendment in the nature of a
substitute is not subject to a demand for a division of the question.
5 Hinds Sec. 6127; 8 Cannon Sec. 3168. The division of a motion to
strike and insert is precluded by House rule. Sec. 11, infra.
A division of the question may be demanded on an amendment either
before amendments are adopted thereto, or on the amendment as amended
(assuming that perfecting amendments or an adopted substitute do not
destroy the divisibility of the amendment as amended). Manual
Sec. 921.
A negative vote on a motion to strike a portion of a pending
amendment does not prevent a demand for a division of that portion of
the amendment if it is a separate proposition and therefore properly
severable. Deschler-Brown Ch 30 Sec. 43.1.
Sec. 9 . -- En Bloc Amendments
Consideration of several amendments en bloc by unanimous consent
or otherwise does not prevent a division of the question from being
demanded so as to obtain a separate vote on one of the amendments.
Deschler-Brown Ch 30 Sec. Sec. 43.4-43.6. In fact, a Member may be
permitted to offer several amendments en bloc and then demand a
division of the question for a separate vote on each one. Deschler-
Brown Ch 30 Sec. 43.4. However, amendments en bloc proposing only to
transfer appropriations among objects in a general appropriation bill
(without increasing the levels of budget authority or outlays in the
bill), when considered en bloc pursuant to clause 2(f) of rule XXI,
are not subject to a demand for division of the question in the House
or in the Committee of the Whole.
Sec. 10 . Motions to Strike
A motion to strike various separate provisions of a pending
proposition may be divided for purposes of voting. 8 Cannon Sec. 3166.
Thus, an amendment proposing to strike two or more sections of a
pending amendment may be divided in order to obtain separate votes on
the proposal to strike each section. Manual Sec. 921. However, an
amendment proposing to strike a provision in a bill--and to
redesignate subsequent paragraphs accordingly--is not subject to a
demand for a division because it contains only one substantive
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proposition. 93-2, Dec. 10, 1974, p 38746. A motion to strike is not
grammatically divisible. However, where there is pending a motion to
strike a pending provision, a perfecting amendment to the underlying
text may be offered to strike a lesser portion of the provision; and
the perfecting amendment is voted on first. Deschler Ch 27
Sec. Sec. 17.26, 24.13.
Sec. 11 . Motions to Strike and Insert
Although a motion to insert may be divisible (Sec. 8, supra), the
division of a motion to strike and insert is precluded by clause 5(c)
of rule XVI. Manual Sec. 920. The indivisibility of a motion to strike
and insert under clause 5(c) operates not only between each branch of
the motion (i.e. the striking branch and the inserting branch) but
also within each branch. 8 Cannon Sec. 3169; see also 5 Hinds
Sec. 6124. An amendment comprising two discrete instructions to strike
and insert may be divided. Manual Sec. 921. 105-2, June 4, 1998, pp
11063, 11064, 11071-75.
A simple motion to strike may not be offered as a substitute for a
motion to strike certain words and insert others, as that would have
the effect of dividing the motion to strike and insert. Manual
Sec. 920.
Sec. 12 . Motions to Suspend the Rules
A question being considered pursuant to a motion to suspend the
rules may not be divided for a vote. 5 Hinds Sec. Sec. 6141-6143; 8
Cannon Sec. 3171. Although a proposition may be subject to a division
of the question under rule XVI, it cannot be divided if rule XVI is
suspended. 5 Hinds Sec. 6143; see generally Suspension of Rules.
Sec. 13 . Motions to Recommit; Motions to Instruct Conferees
A motion to recommit with instructions is not subject to a demand
for a division of the question. It is not in order to demand a
separate vote even where the motion includes separate branches of
instructions to the reporting committee. Manual Sec. 921; 5 Hinds
Sec. Sec. 6134-6137; 8 Cannon Sec. 3170. However, an amendment
reported forthwith pursuant to instructions contained in a successful
motion to recommit may be divided on the question of its adoption if
composed of substantively and grammatically distinct propositions.
Manual Sec. 921.
Instructions in a motion to recommit a conference report may not
be divided. Deschler-Brown Ch 30 Sec. 45.2. Likewise, an initial
motion to instruct conferees may not be divided, as only one such
motion is permitted. 8 Cannon Sec. 3236. However, a division has been
permitted on a motion to instruct under clause 7(c) of rule XXII
(which permits multiple motions to
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instruct after the conferees have failed to report for 20 calendar
days and 10 legislative days), provided separate substantive
propositions are presented. Manual Sec. 921.
Sec. 14 . Motions to Table
Because a motion to lay on the table is a summary motion, its only
purpose being to defeat the pending proposition, it has been held that
the motion to table is not subject to a demand for a division of the
question. 5 Hinds Sec. 6140. A division of the question is not in
order even if the motion is applicable to two or more separate and
distinct propositions, such as a series of resolutions. 5 Hinds
Sec. 6138. A motion to table a resolution and pending amendments is
likewise indivisible. 5 Hinds Sec. Sec. 6139, 6140.
Sec. 15 . Senate Amendments
Generally; Motions to Concur
On the question of agreeing or disagreeing to a Senate amendment,
it is not in order to demand a division so as to vote separately on
different portions of the amendment. 5 Hinds Sec. Sec. 6151, 6156. The
amendment must be voted on as a whole. 8 Cannon Sec. 3175. However,
when two or more Senate amendments are considered en bloc in the
House, a separate vote may be had on each amendment. 8 Cannon
Sec. Sec. 2383, 2400, 3191. A special order of business may create a
division of the question on concurring in a Senate amendment. See
Special Orders of Business. After the stage of disagreement, clause 10
of rule XXII permits separate votes on rejecting nongermane portions
of Senate amendments. See Germaneness of Amendments.
Motions to Concur with an Amendment
A House amendment proposed in a motion to concur in a Senate
amendment with an amendment is divisible if the proposed House
amendment is in divisible form. Manual Sec. 921. However, such a
motion may not be divided between concurring and amending. 8 Cannon
Sec. 3176.
A proposed House amendment to a Senate amendment is not divisible
if the House amendment is in the form of a motion to strike and
insert, as such motions are specifically indivisible under House rule.
Deschler-Brown Ch 30 Sec. 48; Sec. 11, supra.
Motions to Recede and Concur
A division may be demanded on a motion to recede from disagreement
and concur in a Senate amendment. 5 Hinds Sec. 6209; 8 Cannon
Sec. Sec. 3197-
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3199. The question having been divided and the House having receded, a
motion to amend takes precedence over the motion to concur (5 Hinds
Sec. Sec. 6209-6211; 8 Cannon Sec. 3198), even after the previous
question has been ordered on both motions (Manual Sec. 525).
C. Consideration of Divided Propositions
Sec. 16 . In General
Amendment and Debate; Putting the Question
Where a division of the question has been demanded on separable
portions of a proposition subject to amendment, amendments to the
separable portions remain in order. However, once the Chair has put
the question on the first portion, no further amendments to that
portion are in order. 94-2, Sept. 9, 1976, p 29538-40. After a vote
has been taken on the first portion, the second is open to debate and
amendment unless the previous question is ordered. Manual Sec. 921.
Where a division of the question is demanded on a separable
portion of an amendment, the Chair puts the question first on the
remaining portion of the amendment, and that portion on which a
division is demanded may remain open for further debate and amendment.
Manual Sec. 482. If a division of the question is demanded on more
than one portion of an amendment, the Chair may put the question first
on the unaffected portions of the amendment (if any), then (after
further debate) on the first part on which a division is requested,
and then (after further debate) on the subsequent divisible portions.
Manual Sec. 921. Where neither portion of a divided question remains
open to further debate or amendment, the question may be put first on
the portion identified by the demand for division and then on the
remainder. Manual Sec. 921.
Where the question on adopting an amendment is divided by special
order of business (rather than on demand from the floor), the Chair
may put the question on each divided portion of the amendment in the
order in which it appears. Manual Sec. 921.
Voting
A question having been divided for a vote, the vote may be taken
by one of the voting methods authorized by the House rules, such as
voice vote, division vote, or record vote. See Voting. The motion to
reconsider applies separately to each portion of the divided question
and continues to be available even after disposition of a motion to
reconsider only one portion of the divided question. However,
frequently the motion to reconsider
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each portion is laid on the table en bloc by unanimous consent. 5
Hinds Sec. 5609; 105-2, Dec. 19, 1998, pp 28110-12.