[Deschler-Brown Precedents, Volume 14,  Chapter 30]
[Chapter 30. Voting]
[C. Yeas and Nays and Other Votes of Record]
[Â§ 25. When Not in Order]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 11591-11595]
 
                               CHAPTER 30
 
                                 Voting
 
               C. YEAS AND NAYS AND OTHER VOTES OF RECORD
 
Sec. 25.--When Not in Order

Following Initial Refusal

Sec. 25.1 A demand for the yeas and nays having been refused, a second 
    demand following the denial of tellers is out of order.

    On Mar. 1, 1939,(16) the House voted to adopt the 
conference report on a bill (H.R. 2868) making deficiency 
appropriations for the fiscal year ending June 30, 1939. Immediately 
thereafter, the Speaker directed the Clerk to report those amendments 
remaining in disagreement between the two bodies. Among these was 
amendment No. 13, as to which Mr. Clifton A. Woodrum, of Virginia, 
offered a motion to recede and concur with an amendment.
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16. 84 Cong. Rec. 2095, 2100, 2103, 76th Cong. 1st Sess.
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    Debate on the Woodrum proposal ensued after which the following 
occurred:

        The Speaker: (17) The question is on the motion of 
    the gentleman from Virginia to recede and concur with an amendment.
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17. William B. Bankhead (Ala.).
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        The question was taken; and on a division (demanded by Mr. 
    Woodrum of Virginia) there were--ayes 118, noes 96.

[[Page 11592]]

        Mr. H. Carl Andersen [of Minnesota]: Mr. Speaker, I ask for the 
    yeas and nays.
        The Speaker: The gentleman from Minnesota asks for the yeas and 
    nays. Those who favor taking this question by the yeas and nays 
    will rise and stand until counted. [After counting.] Thirty-four 
    Members have arisen, not a sufficient number.
        Mr. August H. Andersen [of Minnesota]: Mr. Speaker, I demand 
    tellers.
        Mr. [Cassius C.] Dowell [of Iowa]: Mr. Speaker, I object to the 
    vote on the ground that a quorum is not present.
        The Speaker: The gentleman from Iowa makes the point of order 
    that a quorum is not present, which is always a constitutional 
    question. The Chair will count. [After counting.] Two hundred and 
    forty-one Members are present, a quorum.
        Mr. August H. Andersen: Mr. Speaker, I demand tellers.
        Tellers were refused.

        Mr. [James F.] O'Connor [of Montana]: Mr. Speaker, I demand the 
    yeas and nays.
        The Speaker: The yeas and nays have been previously demanded 
    and refused. The demand is out of order.
        The Clerk will report the next amendment in 
    disagreement.(18)
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18. See also Sec. 25.3, infra.
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Sec. 25.2 A demand for the yeas and nays having been refused, and 
    tellers then having been ordered, a second demand for the yeas and 
    nays is not in order after completion of the teller vote.

    On June 26, 1968,(19) the House considered a bill (H.R. 
18037) making appropriations for the Department of Health, Education, 
and Welfare, and the Department of Labor for the fiscal year ending 
June 30, 1969. In the course of the bill's consideration, separate 
votes were demanded on three amendments, and following agreement to the 
remaining amendments en gross, the House proceeded to entertain the 
three aforementioned provisions in the order in which they appeared in 
the bill.
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19. 114 Cong. Rec. 18938, 18939, 90th Cong. 2d Sess.
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    Immediately after the Clerk read the first amendment on which a 
separate vote had been demanded, the following proceedings occurred:

        The Speaker: (20) The question is on the amendment.
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20. John W. McCormack (Mass.).
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        Mr. [Neal] Smith of Iowa: Mr. Speaker, on that I demand the 
    yeas and nays.
        The yeas and nays were refused.
        The question was taken; and on a division (demanded by Mr. 
    Ashbrook) there were--ayes 110, noes 109.
        Mr. [Edward J.] Derwinski [of Illinois]: Mr. Speaker, I demand 
    tellers.
        Mr. [James J.] Howard [of New Jersey]: Mr. Speaker, a 
    parliamentary inquiry?
        The Speaker: The gentleman will state it.

[[Page 11593]]

        Mr. Howard: Mr. Speaker, is this teller vote going to be on the 
    so-called Mink impact aid amendment?
        The Speaker: The Chair will state it is on the amendment 
    offered in the Committee of the Whole by the gentlewoman from 
    Hawaii [Mrs. Mink].
        Mr. [Charles A.] Halleck [of Indiana]: Mr. Speaker, a 
    parliamentary inquiry?
        The Speaker: The gentleman will state it.
        Mr. Halleck: Mr. Speaker, if the amendment should be defeated 
    on this teller vote, are we past the point of a record vote?
        The Speaker: The Chair will answer that affirmatively, yes.
        Tellers were ordered, and the Speaker appointed as tellers Mr. 
    Flood and Mr. Michel.

    Parliamentarian's Note: Until 1972, a recorded vote was not 
permitted under Rule I, and the yeas and nays or an automatic roll call 
under Rule XV, were the only ``record'' votes permitted in the House.

Sec. 25.3 A demand for the yeas and nays having been refused, a second 
    demand on the same question remains out of order notwithstanding 
    the intervention of a division, a teller vote, and a quorum count.

    On June 5, 1940,(1) the House considered a bill (H.R. 
6381) for the admission to citizenship of aliens who came into the 
United States prior to Feb. 5, 1917, the effective date of the first 
immigration act.
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 1. 86 Cong. Rec. 7623, 7626, 76th Cong. 3d Sess.
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    Following some discussion of the bill, the question was put, and a 
demand for the yeas and nays was heard. An insufficient number of 
Members having responded, the yeas and nays were refused; a division 
was requested and had--and a point of no quorum was raised. The Speaker 
Pro Tempore (2) then counted a quorum and announced the 
passage of the bill.
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 2. Sam Rayburn (Tex.).
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    At this point a demand for tellers was made and immediately 
objected to as being untimely. The Chair overruled the objection, 
however, pointing out that the requesting Member had been on his feet 
seeking recognition before the Chair's announcement. The House divided; 
and the tellers reported there were--ayes 111, noes 98.
    Immediately thereafter, Mr. Martin J. Kennedy, of New York, was 
recognized, and the following exchange occurred:

        Mr. Martin J. Kennedy: Mr. Speaker, I demand the yeas and nays.
        The Speaker Pro Tempore: The yeas and nays have already been 
    refused.

    The Speaker Pro Tempore having so ruled, the bill was passed,

[[Page 11594]]

and a subsequently offered motion to reconsider was laid on the 
table.(3)
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 3. See also 84 Cong. Rec. 9594, 76th Cong. 1st Sess., July 20, 1939, 
        where a second demand for the yeas and nays was also ruled out 
        of order following the refusal of an earlier demand, a 
        division, and a quorum count.
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During Count on Division

Sec. 25.4 A demand for the yeas and nays is not in order while the 
    Chair is counting on a division vote.

    On June 10, 1937,(4) the House having under 
consideration a bill (H.R. 6391) to authorize the prompt deportation of 
alien criminals and certain other aliens, Mr. Thomas A. Jenkins, of 
Ohio, offered a motion to recommit. The Chair proceeded to put the 
question on the Jenkins proposal, and the following discussion ensued:
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 4. 81 Cong. Rec. 5574, 75th Cong. 1st Sess.
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        The Speaker: (5) The question is on the motion to 
    recommit offered by the gentleman from Ohio [Mr. Jenkins].
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 5. William B. Bankhead (Ala.).
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        Mr. Jenkins of Ohio: Mr. Speaker, I demand a division.
        The Speaker: The gentleman from Ohio demands a division. All 
    those in favor of the motion will rise and stand until counted.
        Mr. Jenkins of Ohio (interrupting the count): Mr. Speaker, I 
    ask for the yeas and nays.
        The Speaker: The gentleman's request is not in order while the 
    House is dividing.
        Mr. [Carl E.] Mapes [of Michigan]: Mr. Speaker, a point of 
    order.
        The Speaker: The Chair thinks it has discretion to conclude the 
    count on a division before entertaining another request.
        Mr. Mapes: I never knew the Chair to make such a ruling before.
        The Speaker: The Chair now makes it.

    Parliamentarian's Note: To permit the interruption of a division 
vote by a demand for a recorded vote or the yeas and nays merely serves 
to confuse the count, as Members then standing would not necessarily 
stand to support the ordering of a ``record'' vote.

During Count of Those Supporting Demand for Tellers

Sec. 25.5 While the yeas and nays may be demanded pending a 
    simultaneous demand for tellers (or after tellers have been ordered 
    but before the count has begun), the demand for the yeas and nays 
    may not be made while the Chair is counting to ascertain whether 
    one-fifth of a quorum supports the demand for tellers.

    On Aug. 17, 1972,(6) the Speaker having put the question 
on an

[[Page 11595]]

amendment to a bill (H.R. 13915) intended to further equal educational 
opportunities, Mr. Roman C. Pucinski, of Illinois, demanded a teller 
vote; and the following discussion occurred:
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 6. 118 Cong. Rec. 28915, 92d Cong. 2d Sess.
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        The Speaker: (7) All those in favor of taking a vote 
    by tellers will rise.
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 7. Carl Albert (Okla.).
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        Mr. [Albert H.] Quie [of Minnesota]: Mr. Speaker, on that I 
    demand the yeas and nays.
        Mr. Pucinski: Mr. Speaker, I have demanded that the vote be 
    taken by tellers and I will ask that it be taken by tellers with 
    clerks.
        The Speaker: The gentleman from Illinois has demanded a vote by 
    tellers and a request has been made that the Members rise. The 
    Chair is counting.

    At this point, Mr. Gerald R. Ford, of Michigan, advanced a 
parliamentary inquiry on a constitutional issue (8) after 
which the following occurred:
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 8. See Sec. 30.3, infra.
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        Mr. Pucinski: Mr. Speaker, I withdraw my demand for tellers.
        Mr. Quie: Mr. Speaker, I demand that the vote be taken by the 
    yeas and nays.

    Mr. Quie having renewed his request (as indicated above) and the 
Chair no longer being in the process of counting those in favor of 
tellers, the demand for the yeas and nays was entertained.