[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[B. Non-recorded Votes]
[Â§ 21. Voting by the Chair on Teller Votes]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11571-11575]
 
                               CHAPTER 30
 
                                 Voting
 
                         B. NON-RECORDED VOTES
 
Sec. 21. Voting by the Chair on Teller Votes

Passing Through Tellers

Sec. 21.1 The Chair could count himself on a teller vote with

[[Page 11572]]

    out passing through the tellers.

    On Sept. 21, 1965,(7) the Committee of the Whole had 
under consideration an amendment to a bill (S. 2300) authorizing 
certain construction and repair work to be performed on various rivers 
and harbors. Discussion having concluded, the Chairman (8) 
put the question, it was taken; and the Chair announced that the noes 
appeared to have it. Immediately thereafter, Mr. William C. Cramer, of 
Florida, demanded tellers, and, tellers having been ordered, the 
following proceedings occurred:
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 7. 111 Cong. Rec. 24635, 89th Cong. 1st Sess.
 8. Dan Rostenkowski (Ill.).
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        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Clark and Mr. Blatnik.
        The Committee divided.
        The Chairman: On this vote by tellers, the ayes are 100, noes 
    99.
        The Chair votes in the negative.
        So the amendment was rejected.(9)
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 9. For similar instances, see 109 Cong. Rec. 15589, 88th Cong. 1st 
        Sess., Aug. 22, 1963, and 90 Cong. Rec. 1499, 78th Cong. 2d 
        Sess., Feb. 9, 1944.
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Timing of Vote

Sec. 21.2 The Speaker has indicated that the Chair may vote ``aye'' or 
    ``no'' at any time prior to the announcement of the vote.

    On Apr. 6, 1971,(10) Mr. Thomas P. O'Neill, Jr., of 
Massachusetts, sought unanimous consent that the House adjourn to meet 
at 11 o'clock the next morning. The Speaker (11) then asked 
if there was any objection, and the following discussion ensued:
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10. 117 Cong. Rec. 9784, 9785, 92d Cong. 1st Sess.
11. Carl Albert (Okla.).
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        Mr. [James G.] Fulton of Pennsylvania: Mr. Speaker, reserving 
    the right to object, I would like to make a parliamentary inquiry.
        On the record vote, on a teller vote when is it in order to 
    vote ``present''?
        The Speaker: Just immediately after the announcement of the 
    vote and before any further business is conducted.
        Mr. Fulton of Pennsylvania: After the tellers have made their 
    announcement?
        The Speaker: After the Chair announces the vote.
        Mr. Fulton of Pennsylvania: And when is it proper for the 
    Chairman to vote?
        The Speaker: The Chairman can vote at any time prior to his 
    announcement of the vote.
        Mr. Fulton of Pennsylvania: Prior to his announcement of a 
    teller vote?
        The Speaker: Prior to the announcement of the teller vote.

Sec. 21.3 The Chair could cast his vote, to make or break a tie

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    on a vote by tellers, if the result of the vote had not been 
    finally and conclusively announced and the Committee had not 
    proceeded to other business.

    On Aug. 24, 1967,(12) the Chairman (13) of 
the Committee of the Whole put the question on an amendment to a bill 
(H.R. 12048) to further amend the Foreign Assistance Act of 1961, and 
for other purposes. Tellers having been ordered, the Committee divided, 
and the tellers reported that there were--ayes 139, noes 138.
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12. 113 Cong. Rec. 23926, 90th Cong. 1st Sess.
13. Melvin Price (Ill.).
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    The Chair then voted as follows, prompting several inquiries from 
the Minority Leader:

        The Chairman: On this vote by tellers, the ayes are 139, the 
    noes 138. The amendment is agreed to.
        The Chair votes ``no.''
        So the amendment was rejected.
        Mr. Gerald R. Ford [of Michigan]: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Gerald R. Ford: Mr. Chairman, the Chair had announced the 
    vote, and that the amendment had been agreed to.
        The Chairman: The Chair will state that the Chair had not 
    completed the announcement.
        Mr. Gerald R. Ford: Mr. Chairman, the Chair had announced the 
    vote, and the Chair had brought down the gavel.
        The Chairman: The Chair will state that the Chair has the right 
    to make the vote a tie, and the Chair exercised that right.
        Mr. Gerald R. Ford: But the Chairman does not have that right 
    after the vote has been announced, and after the gavel has fallen.

        The Chairman: The Chair will state that the Committee had not 
    proceeded to any other business, and the Chair exercised its right 
    before the Committee proceeded to any other business. The Chair 
    exercised its right to vote.

    Parliamentarian's Note: The Chair customarily announced his own 
vote (if he voted) before announcing the result of a teller vote. See 
Sec. 21.2, supra, for the preferred form of the Chair's vote and 
announcement.

Tie-creating Votes

Sec. 21.4 The Chairman of the Committee of the Whole could vote on a 
    teller vote to make a tie and thus defeat an amendment.

    On Sept. 21, 1965,(14) a teller vote having been ordered 
in the Committee of the Whole on an amendment to a bill (S. 2300) au

[[Page 11574]]

thorizing certain construction and repair work on rivers and harbors, 
the tellers reported that there were--ayes 100, noes 99. The Chairman 
(15) then voted ``no,'' and the amendment was rejected.
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14. 111 Cong. Rec. 24635, 89th Cong. 1st Sess.
15. Dan Rostenkowski (Ill.).
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    Mr. William C. Cramer, of Florida, immediately rose to make the 
following inquiry:

        Mr. Chairman, I wish to make a parliamentary inquiry. . . .
        Is it proper for the Chair to make a tie or to break a tie, 
    from a parliamentary standpoint, on a teller vote?
        The Chairman: Under the rules, the Chair can vote to make or 
    break a tie, the Chair informs the gentleman.(16)
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16. Teller votes by the Chair resulting in a tie are not uncommon. For 
        similar instances in which an amendment was rejected because of 
        the resultant tie, see 109 Cong. Rec. 15590, 88th Cong. 1st 
        Sess., Aug. 22, 1963; 103 Cong. Rec. 13176, 85th Cong. 1st 
        Sess., July 31, 1957; and 95 Cong. Rec. 9238, 81st Cong. 1st 
        Sess., July 11, 1949.
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Sec. 21.5 The Chairman of the Committee of the Whole could cast a 
    negative teller vote to make a tie, thereby defeating a motion to 
    rise and report a bill back to the House with the recommendation 
    that the enacting clause be stricken out.

    On Aug. 1, 1957,(17) the House resolved itself into the 
Committee of the Whole for the consideration of a bill (H.R. 6763) to 
amend the Act of Aug. 30, 1954, entitled ``An Act to authorize and 
direct the construction of bridges over the Potomac River, and for 
other purposes.''
    Mr. John Taber, of New York, offered a preferential motion that the 
Committee rise and report the bill back to the House with the 
recommendation that the enacting clause be stricken out. After debate, 
the Chair (18) put the question on the motion and the 
following proceedings occurred:
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17. 103 Cong. Rec. 13371, 13377, 13378, 85th Cong. 1st Sess.
18. Richard Bolling (Mo.).
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        The question was taken; and the Chair being in doubt, the 
    Committee divided, and there were--ayes 54, noes 49.
        Mr. [James C.] Davis of Georgia: Mr. Chairman, I ask for 
    tellers.
        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Taber and Mr. Davis of Georgia.
        The Committee again divided.
        The Chairman: On this vote by tellers, the ayes are 63; noes, 
    62. The Chair votes ``no.''
        So the motion was rejected.

Nondecisive Votes

Sec. 21.6 The Chair could cast a teller vote even though his vote was 
    not decisive.

    On Nov. 15, 1967,(19) the House resolved itself into the 
Committee

[[Page 11575]]

of the Whole for the further consideration of a bill (S. 2388) to 
provide an improved Economic Opportunity Act.
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19. 113 Cong. Rec. 32636, 32689, 32690, 90th Cong. 1st Sess.
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    In the course of the bill's consideration, Mr. John M. Ashbrook, of 
Ohio, offered an amendment to define ``administrative expenses,'' and 
to limit such expenditures. Mr. Ashbrook's amendment was discussed 
briefly whereupon the Chair (20) put the question on the 
amendment, it was taken; and on a division demanded by Mr. Ashbrook, 
there were--ayes 82, noes 87.
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20. John J. Rooney (N.Y.).
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    Immediately thereafter, Mr. Ashbrook demanded tellers and the 
following events transpired:

        Tellers were ordered, and the Chairman appointed as tellers Mr. 
    Ashbrook and Mr. Perkins.
        The Committee again divided, and the tellers reported that 
    there were--ayes 131, noes 131.
        The Chairman: The Chair votes ``no.''
        So the amendment was rejected.