[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[C. Yeas and Nays and Other Votes of Record]
[Â§ 34. Taking the Vote]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11695-11697]
 
                               CHAPTER 30
 
                                 Voting
 
               C. YEAS AND NAYS AND OTHER VOTES OF RECORD
 
Sec. 34. Taking the Vote

Ordering a Recorded Vote--The Old ``Two-step'' Rule

Sec. 34.1 One-fifth of a quorum in the House orders that a vote be 
    taken by recorded vote.

    On Nov. 4, 1971,(4) a separate vote having been demanded 
in the House on an amendment to a bill (H.R. 7248) to amend and extend 
the Higher Education Act of 1965 and other acts dealing with higher 
education, the Speaker (5) put the question on the amendment 
and a demand for the yeas and nays was heard. Mrs. Edith S. Green, of 
Oregon, who had made the demand then inquired of the Chair as to 
whether it was possible to ask for tellers with clerks. When the Chair 
replied in the affirmative Mrs. Green withdrew her other request 
(6) and demanded tellers; they were ordered and the 
following proceedings then occurred:
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 4. 117 Cong. Rec. 39352, 39353, 92d Cong. 1st Sess.
 5. Carl Albert (Okla.).
 6. Unanimous consent is not required in the House to withdraw a demand 
        for the yeas and nays before the demand has been supported by 
        one-fifth of those present. The situation is different, 
        however, where the demand has been supported; see Sec. 24.8, 
        supra.
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        Mrs. Green of Oregon: Mr. Speaker, I demand tellers with clerks 
    [more than one-fifth of a quorum then seconded Mrs. Green's 
    demand.]
        Tellers with clerks were ordered; and the Speaker appointed as 
    tellers Mr. Erlenborn, Mrs. Green of Oregon, Mr. Perkins, and Mr. 
    Quie.
        The Committee divided, and the tellers reported that there 
    were--ayes 186, noes 181, not voting 64. . . .

[[Page 11696]]

    The Members' names having been recorded in accordance with their 
positions on the issue, this marked the first instance of a recorded 
teller vote.

New Single-step Rule

Sec. 34.2 Pursuant to the rules adopted in the 93d Congress, one-fifth 
    of a quorum in the House may support a single demand for a 
    ``recorded vote'' (in lieu of the two-step demand for tellers and 
    then for tellers with clerks), and the Chair may, in his 
    discretion, direct that the vote be taken by electronic device.

    On Feb. 7, 1973,(7) during consideration in the 
Committee of the Whole of a bill (H.R. 2107) to require the Secretary 
of Agriculture to carry out the rural environmental assistance program, 
the Chairman (8) put the question on an amendment in the 
nature of a substitute, as amended. The question was taken; and the 
Chair announced that the noes appeared to have it.
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 7. 119 Cong. Rec. 3707, 93d Cong. 1st Sess.
 8. Robert N. Giaimo (Conn.).
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    Thereafter the following exchange and request took place:

        Mr. [Wilmer] Mizell [of North Carolina]: Mr. Chairman, I demand 
    tellers.
        The Chairman: Does the gentleman demand a recorded vote?
        Mr. Mizell: Yes, Mr. Chairman, I do demand a recorded vote.
        The Chairman: As the Chair understands, the new procedure in 
    the House is that the demand is for a recorded vote.

    One-fifth of a quorum having supported the demand, the recorded 
vote was ordered.

        The Chairman: . . . The vote will be taken by electronic 
    device.(9)
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 9. See Rule I clause 5, House Rules and Manual Sec. 630a (1995).
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Sec. 34.3 Pursuant to the rules, recorded votes may be conducted by 
    clerks in the discretion of the Chair (when the electronic voting 
    system is inoperative).

    On July 11, 1973,(10) the Committee of the Whole had 
under consideration an amendment to a bill (H.R. 8860) to amend and 
extend the Agricultural Act of 1970. The question on the amendment was 
taken; and the Chairman announced that the noes appeared to have it.
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10. 119 Cong. Rec. 23156, 23157, 23161, 93d Cong. 1st Sess.
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    Immediately thereafter, Mr. Neal Smith, of Iowa, the proponent of 
the amendment, demanded a recorded vote, and the following exchange 
took place:

        The Chairman: (11) A recorded vote has been 
    demanded.
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11. William H. Natcher (Ky.).

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[[Page 11697]]

        The Chair would like first to advise the Members that the 
    electronic device is not working at this time. A recorded vote will 
    require tellers on either side of the aisle, as the gentleman from 
    Iowa (Mr. Smith) knows.(12)
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12. See Rule I clause 5, House Rules and Manual Sec. 630a (1995).
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        Does the gentleman from Iowa insist upon his request?
        Mr. Smith of Iowa: Mr. Chairman, I demand tellers.

    Tellers were refused (less than 20 Members rising to second the 
request) so the amendment was rejected.
    Later during consideration of the same measure, Mr. Silvio O. 
Conte, of Massachusetts, offered an amendment on which he subsequently 
demanded a recorded vote. A sufficient number of Members supporting 
this demand, the vote was taken by clerks pursuant to the Chairman's 
discretionary authority in light of the inoperative state of the 
electronic voting system.