[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[C. Yeas and Nays and Other Votes of Record]
[Â§ 37. Changing Incorrectly Recorded Votes Prior to Announcement of Result]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11706-11709]
 
                               CHAPTER 30
 
                                 Voting
 
               C. YEAS AND NAYS AND OTHER VOTES OF RECORD
 
Sec. 37. Changing Incorrectly Recorded Votes Prior to Announcement of 
    Result

Deleting Vote Attributed to Absent Colleague; Use of Unanimous Consent

Sec. 37.1 A Member, ascertaining that an absent colleague had been 
    inadvertently recorded on a roll call vote, had the vote deleted by 
    unanimous consent.

    On June 13, 1963,(11) the House voted on a bill (H.R. 
6755) to provide a one-year extension of certain corporate tax rates 
and excise tax rates. Immediately thereafter and before the result of 
the vote was announced, Mr. John D. Dingell, of Michigan, initiated the 
following exchange with the Speaker: (12)
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11. 109 Cong. Rec. 10870, 10871, 88th Cong. 1st Sess.
12. John W. McCormack (Mass.).
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        Mr. Dingell: Mr. Speaker, how is the gentleman from Michigan 
    [Mr. Ryan] recorded?
        The Tally Clerk: He voted ``aye.''
        Mr. Dingell: Mr. Speaker, the gentleman from Michigan [Mr. 
    Ryan] is unavoidably detained elsewhere on official business. I ask 
    unanimous consent that the Record be corrected accordingly.
        The Speaker: Without objection, it is so ordered.

    No objection being voiced, the Record was corrected accordingly.

Sec. 37.2 The Minority Leader, by unanimous consent, corrected a roll 
    call vote to delete an erroneously recorded absent colleague's 
    vote.

    On Aug. 12, 1963,(13) the House voted on a motion to 
recommit a bill (H.R. 7525) relating to crime and criminal procedure in 
the District of Columbia. Shortly thereafter, but prior to the Chair's 
announcement of the result, Charles A. Halleck, of Indiana, the 
Minority Leader, initiated the following exchange:
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13. 109 Cong. Rec. 14758, 14759, 88th Cong. 1st Sess.
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        Mr. Halleck: Mr. Speaker, I would like to inquire whether the 
    gentleman from North Dakota is recorded as having voted.

[[Page 11707]]

        The Speaker Pro Tempore: (14) The gentleman is 
    recorded as having voted ``yea.''
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14. Carl Albert (Okla.).
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        Mr. Halleck: Mr. Speaker, I have checked with his office. We 
    looked to see whether the gentleman from North Dakota was here. I 
    am told by his office, he is not present. So I think the Record 
    should be corrected. If subsequently, it is determined that the 
    gentleman was here, the Record can be corrected by him. But, I 
    think in view of the present situation, it would be better that the 
    gentleman not be recorded.
        The Speaker Pro Tempore: Without objection, the rollcall will 
    be corrected accordingly.

    There being no objection, the correction was made.

Sec.  37.3 Where a colleague stated that a Member recorded as voting 
    ``nay'' was neither present nor in the city, the Speaker obtained 
    unanimous consent to correct the roll call prior to announcing the 
    result of the vote.

    On Mar. 22, 1944,(15) the House voted by the yeas and 
nays on an amendment to a bill (H.R. 3961) authorizing the 
construction, repair, and preservation of certain public works on 
rivers and harbors.
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15. 90 Cong. Rec. 2927, 2928, 78th Cong. 2d Sess.
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    Shortly after the vote and prior to the Chair's announcement of the 
result, the following exchange occurred:

        Mr. [Albert E.] Carter [of California]: Mr. Speaker, how is the 
    gentleman from New Jersey [Mr. McLean] recorded?
        The Speaker: (16) He is recorded as voting ``nay.''
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16. Sam Rayburn (Tex.).
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        Mr. Carter: Mr. Speaker, I am certain there is an error, 
    inasmuch as Mr. McLean, as I understand, is not present and is not 
    in the city.
        The Speaker: Without objection, the roll call will be corrected 
    accordingly.

    There being no objection, the Record was so 
corrected.(17)
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17. For comparable instances, see Sec. 37.4, infra, where the Chair 
        corrected the vote without obtaining unanimous consent, and 96 
        Cong. Rec. 9002, 81st Cong. 2d Sess., June 21, 1950, where the 
        Member pointing out a similar error simultaneously sought 
        unanimous consent (which was granted) for the appropriate 
        correction. Such corrections are only permitted on roll call 
        votes based upon presumed clerical errors; and are not 
        permitted on votes by electronic device.
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Deleting Vote Attributed to Absent Colleague Without Unanimous Consent

Sec.  37.4 Where a Member informed the Chair that a colleague recorded 
    as voting ``yea'' was not then in the city and had left 
    instructions

[[Page 11708]]

    to be paired, the Speaker ordered the correction of the roll call 
    prior to announcing the result of the vote.

    On Oct. 18, 1945,(18) the House voted by the yeas and 
nays on an amendment to a bill (H.R. 3615) providing federal aid for 
the development of public airports and amending existing law relating 
to air-navigation facilities.
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18. 91 Cong. Rec. 9806, 9807, 79th Cong. 1st Sess.
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    Shortly after the vote and prior to announcing the result, the 
Chair recognized Mr. Alfred L. Bulwinkle, of North Carolina, who 
initiated the following exchange:

        A parliamentary inquiry, Mr. Speaker.
        The Speaker: (19) The gentleman will state it.
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19. Sam Rayburn (Tex.).
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        Mr. Bulwinkle: Is the gentleman from Indiana, Mr. Halleck, 
    recorded?
        The Speaker: The gentleman from Indiana, Mr. Halleck, is 
    recorded as voting ``aye.''
        Mr. Bulwinkle: I thought there was a mistake at the time. 
    Someone inadvertently answered to his name.
        Mr. [Joseph W.] Martin [Jr.] of Massachusetts: Mr. Speaker, I 
    may say that the gentleman from Indiana is out of town and has a 
    pair ``aye.''
        The Speaker: The name of the gentleman from Indiana, Mr. 
    Halleck, will be taken off the roll call.(20)
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20. For comparable instances, see Sec. 37.3, supra, where the Chair 
        first sought unanimous consent prior to ordering a correction 
        in the vote, and 96 Cong. Rec. 9002, 81st Cong. 2d Sess., June 
        21, 1950, where the Member pointing out a similar error 
        simultaneously sought unanimous consent (which was granted) for 
        the appropriate correction.
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Notation of Change in Record

Sec.  37.5 Where a Member is incorrectly recorded on a roll call and 
    corrects his vote before the announcement of the result, the change 
    is noted in the Record and unanimous consent is not required.

    On Sept. 6, 1961,(1) the question was put on a motion to 
suspend the rules and pass a bill (H.R. 9000) to extend for two 
additional years the expired provisions of Public Laws 815 
(2) and 874, 81st Congress,(3) and the National 
Defense Education Act of 1958. Immediately after the vote, and before 
the announcement of the result, Mr. Peter F. Mack, Jr., of Il

[[Page 11709]]

linois, addressed the Chair and stated that he was incorrectly recorded 
and ``would like to be recorded as having voted `aye.' '' The result of 
the vote was announced a few moments later.
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 1. 107 Cong. Rec. 18256, 18257, 87th Cong. 1st Sess.
 2. A law providing for the construction of minimum school facilities 
        in impacted areas which was enacted in September 1950.
 3. A law authorizing cost of maintenance and operation, including 
        teachers' salaries, of minimum school facilities in impacted 
        areas; also enacted in September 1950.
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    Shortly thereafter, the following exchange took place:

        Mr. Mack: Mr. Speaker, a parliamentary inquiry.
        The Speaker Pro Tempore: (4) The gentleman will 
    state it.
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 4. John W. McCormack (Mass.).
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        Mr. Mack: Mr. Speaker, I was incorrectly recorded on the last 
    rollcall. I am wondering if the Record will show that I was 
    incorrectly recorded or whether it will show that I changed my 
    vote.
        The Speaker Pro Tempore: All the Chair can state is that the 
    Record will show what actually transpired.
        Mr. Mack: Mr. Speaker, I ask unanimous consent that I be 
    recorded as having voted ``aye'' on the last rollcall.
        The Speaker Pro Tempore: The Chair will state that according to 
    the information given the Chair the gentleman is recorded as voting 
    ``aye.''

    The Chair's information was correct, and Mr. Mack's change of vote 
was noted and corrected in the permanent Record.