[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 32. Motions]
[From the U.S. Government Publishing Office, www.gpo.gov]
HOUSE PRACTICE
Sec. 1. In General
Sec. 2. Form; Reading of Motion
Sec. 3. Recognition to Offer
Sec. 4. Dilatory Motions
Sec. 5. Withdrawal; Reoffering
Research References
5 Hinds Sec. Sec. 5300-5358
8 Cannon Sec. Sec. 2609-2640
Deschler Ch 23
Manual Sec. Sec. 460, 902-905
Sec. 1 . In General
Most motions that are used in the House are specifically provided
for by House rule. They are governed by separate procedural
requirements, serve different purposes, and are treated under separate
titles elsewhere in this work, such as Adjournment; Lay on the Table;
Postponement; Previous Question; Reconsideration; Refer and Recommit;
and Suspension of Rules.
Motions must also conform to certain common procedural
requirements; for example, a Member offering a motion must seek
recognition and address the Chair. Sec. 3, infra. Although recognition
for a motion is always at the Speaker's discretion, the Speaker will
ordinarily be bound to entertain any motion that is in order under the
rules of the House and in accordance with its parliamentary practices.
4 Hinds Sec. 3550; see also Recognition. Where a motion not in order
under the rules of the House is, by unanimous consent, considered and
agreed to, it controls the procedure of the House until carried out,
unless the House takes affirmative action to the contrary. Deschler Ch
23 Sec. 1.1.
Sec. 2 . Form; Reading of Motion
Under clause 1 of rule XVI, a motion entertained in the House or
in the Committee of the Whole must be reduced to writing if demanded
by a Member. If offered in the House, the motion is entered on the
Journal unless withdrawn on the same day. Manual Sec. 902. Not every
motion is in
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writing when proposed. When a point of order is raised, the Chair may
give the proponent an opportunity to reduce the motion to writing
before putting the question thereon. Manual Sec. 902.
Clause 2 of rule XVI requires that a motion be stated by the
Speaker or read by the Clerk before it can be debated. Manual
Sec. 904; 5 Hinds Sec. 4937. The Clerk's reading may be dispensed with
only by unanimous consent or special order of business. Manual
Sec. 904.
Where there is a misunderstanding about the wording of a pending
motion, the Chair may restate the motion. However, it is not in order
to ask that the motion be rereported by the Clerk except by unanimous
consent. Deschler Ch 23 Sec. Sec. 2.4, 2.5. If there is doubt, the
motion voted on is the motion as stated by the Chair in putting the
question and not as stated by the Member in offering the motion.
Deschler Ch 23 Sec. 2.3.
Sec. 3 . Recognition to Offer
A Member may not offer a motion without seeking recognition and
addressing the Chair. Manual Sec. Sec. 394, 945. A Member desiring to
offer a motion must actively seek recognition from the Chair before
another motion to dispose of the pending question has been adopted.
Clause 2 of rule XVII states: ``When two or more Members, Delegates,
or the Resident Commissioner rise at once, the Speaker shall name the
Member, Delegate, or Resident Commissioner who is first to speak. . .
.'' Manual Sec. 949.
A motion is not pending until the Chair has recognized its
proponent thereon. For this reason, the Chair often asks ``For what
purpose does the gentle___ rise?'' when a Member seeks recognition. By
this question the Chair determines whether the Member proposes a
motion that is entitled to precedence. Manual Sec. 953; 2 Hinds
Sec. 1464; 6 Cannon Sec. Sec. 289-291, 293. As a proper exercise of
the Speaker's discretion, there is no appeal from such denial. Manual
Sec. 953; 6 Cannon Sec. 292; 8 Cannon Sec. Sec. 2429, 2646, 2762.
In certain rules the Chair's discretion in recognition is
explicitly stated. In clause 7(b) of rule XX, the Speaker may
recognize a Member to move a call of the House at any time; and
further proceedings under a call are considered as dispensed with
``unless the Speaker recognizes for a motion'' to compel attendance of
absentees. In clause 4 of rule XVI, the motion that the Speaker be
authorized to declare a recess or the motion to set the day's
adjournment to a day and time certain is entertained ``in the
discretion of the Speaker.'' Other motions in rule XVI are given a
precedence under the rules that the Chair must acknowledge.
The Member in charge of the pending bill is entitled at all stages
to prior recognition for allowable motions intended to expedite the
bill. 2
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Hinds Sec. 1457; 6 Cannon Sec. Sec. 300, 301. However, the fact that a
Member has the floor on one matter does not necessarily entitle such
Member to prior recognition on a motion relating to another matter. 2
Hinds Sec. 1464. Except when a Member in charge of a measure occupies
the floor in debate, such Member must yield to Members proposing
preferential motions. 5 Hinds Sec. Sec. 5391-5395. Ordinarily, when an
essential motion made by the Member in charge is decided adversely,
the right to prior recognition passes to the Member leading the
opposition to the motion. Deschler Ch 23 Sec. 1.2; see also
Recognition. As to precedence among particular motions, see motions
listed in Sec. 1, supra.
Sec. 4 . Dilatory Motions
Clause 1 of rule XVI, which was adopted in 1890, states that ``a
dilatory motion may not be entertained by the Speaker.'' Manual
Sec. 902. The Speaker may decline to entertain such motions on his or
her own initiative or on a point of order from the floor. 5 Hinds
Sec. Sec. 5715-5722.
Hinds has said that a motion must be made manifestly for delay in
order to justify its rejection as dilatory. 5 Hinds Sec. 5714. Yet the
determination of whether a motion is dilatory is entirely within the
discretion of the Chair. Deschler Ch 23 Sec. 4.1. Indeed, the Speaker
determines a question of dilatoriness not necessarily by the length of
time at issue or the character of the underlying business. Rather, the
Speaker determines whether under the circumstances the motion is made
with intent to delay the business of the House. 8 Cannon Sec. 2804.
The Speaker may decline to entertain debate or an appeal on a
question as to the dilatoriness of a motion if to do so would defeat
the object of the rule. 5 Hinds Sec. 5731. For discussion of dilatory
motions pending consideration of a report from the Committee on Rules,
see Manual Sec. 857. For the rule prohibiting offering of dilatory
motions during consideration of certain measures, see Manual
Sec. Sec. 857, 858.
Sec. 5 . Withdrawal; Reoffering
Generally
A motion having been made, clause 2 of rule XVI places it in the
possession of the House but permits its withdrawal at ``any time
before a decision or amendment thereon.'' Manual Sec. 904. This rule
is interpreted to mean that a motion may be withdrawn in the House as
a matter of right unless the House has taken some action thereon, such
as a motion for the previous question or the ordering of the previous
question. Manual Sec. 905; 5 Hinds Sec. Sec. 5355, 5489; Deschler Ch
23 Sec. 1. The House does not vote on the with
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drawal of the motion, if timely. Manual Sec. 460. Unanimous consent is
not required if withdrawal occurs before a decision is made on the
motion as offered or there is an amendment thereof. Deschler Ch 23
Sec. 2.7.
A motion may be withdrawn although an amendment may have been
offered to the motion and be pending. 5 Hinds Sec. 5347; 8 Cannon
Sec. 2639. A motion may be withdrawn before action thereon even though
it is under consideration as unfinished business postponed from the
preceding day. 95-1, June 17, 1977, p 19693.
Action by the House that will preclude withdrawal of a motion
includes the ordering of the yeas and nays on the motion. 5 Hinds
Sec. 5353. Unanimous consent to withdraw the motion is required where
the yeas and nays have been ordered. Deschler Ch 23 Sec. 2.9. However,
a motion may be withdrawn after a voice and a division vote thereon
where the Chair has not announced the result and where another type of
vote might be had on the motion. The Chair may decline to permit a
withdrawal while counting a vote. Manual Sec. 905; 96-1, Nov. 13,
1979, p 32185.
Modification of Motion; Reoffering
A Member having the right to withdraw a motion before a decision
thereon has the resulting power to modify the motion (as by
withdrawing and offering a modified form). 5 Hinds Sec. 5358. However,
the proponent does not necessarily have the right to reoffer the
motion, especially where it is a secondary motion under clause 4 of
rule XVI; such motions may properly be offered only at the times
designated by the rule. Deschler Ch 23 Sec. 1.
For withdrawal of particular motions and withdrawal of amendments,
see Amendments and Withdrawal.