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


[Page 11621-11627]
 
                               CHAPTER 30
 
                                 Voting
 
               C. YEAS AND NAYS AND OTHER VOTES OF RECORD
 
Sec. 30. Recorded Votes; In General

    Until Jan. 22, 1971,(12) clause 5 of House Rule I stated 
the method by which the Speaker was to put questions before the House, 
specified the procedure by which a division vote was to be cast, and 
provided for the taking of teller votes if the Chair was in doubt or if 
a count was ``required by at least one fifth of a quorum. . . .'' 
(13)
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12. See Rule I clause 5, House Rules and Manual Sec. 630 (1971).
13. Rule I clause 5, House Rules and Manual Sec. 630 (1969.).
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    On that date, however, by virtue of the Legislative Reorganization 
Act of 1970,(14) a provision was added to the clause which 
specified that before tellers were named, Members could request 
``tellers with clerks.'' And, if such requests were supported by at 
least one-fifth of a quorum, the names of those voting on each side of 
the question and the names of those not voting . . . [would] be 
recorded by clerks or by electronic device, and . . . [would] be 
entered in the Journal.(15)
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14. 84 Stat. 1140.
15. Rule I clause 5, House Rules and Manual Sec. 630 (1971).
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    Thus the 92d Congress marked the first instance in which the House 
rules made provisions for the recording of votes in the Committee of 
the Whole.(16)
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16. See adoption of H. Res. 5, 92d Cong. 1st Sess., Jan. 22, 1971.
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    In the 93d Congress, the House further altered this clause by 
eliminating the phrase, ``tellers with clerks,'' and substituting 
therefor the more simple language of ``a recorded vote.'' 
(17) In addi

[[Page 11622]]

tion, the two-step procedure previously necessary to obtain a recorded 
vote was abandoned in favor of a one-step method which did not oblige a 
Member to wait until tellers had been ordered before seeking a recorded 
teller vote. Instead, the Member merely requested a recorded vote 
which, if supported by the requisite number, would
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17. When not taken by electronic device, recorded votes are taken by a 
        process similar to that previously utilized for tellers-with-
        clerks procedure. As Members pass through the appropriate 
        ``aye'' or ``no'' aisle, they simply cast their votes by 
        depositing a signed green (yea) or red (no) card in a ballot 
        box. See Sec. 30.1, infra.
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        be taken by electronic device, unless the Speaker in his 
    discretion . . . [ordered] clerks to tell the names of those voting 
    on each side of the question and such names . . . [would then] be 
    recorded by electronic device or by clerks, as the case may be, and 
    . . . entered in the Journal.(18)
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18. Rule I clause 5, House Rules and Manual Sec. 630 (1995).
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    The requirement of one-fifth of a quorum to second the demand for a 
recorded vote (19) continues to be applicable in the House; 
but in the Committee of the Whole the requisite number for a second was 
changed in the 96th Congress to the fixed number of twenty-
five.(20)
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19. There is a semantic distinction between a ``recorded vote'' and the 
        frequently used phrase, ``record vote.'' The latter term is 
        usually employed in a broad, generic sense, i.e., any vote by 
        which a Member's position or absence is made evident 
        permanently for all to know. Thus, it would include roll calls 
        prompted by a demand for the yeas and nays, automatic roll 
        calls, tellers with clerks, and, of course, recorded votes. The 
        ``recorded vote,'' however, refers solely to those votes taken 
        under the provisions of the last two sentences of Rule I clause 
        5. As used herein, the reader should note that the term thus 
        encompasses all votes taken by ``tellers with clerks'' under 
        the now-abandoned two-step procedure employed during the 92d 
        Congress.
20. Rule XXIII clause 2(b), House Rules and Manual Sec. 864 (1995), 
        adopted Jan. 15, 1979, H. Res. 5, 125 Cong. Rec. 16, 96th Cong. 
        1st Sess.                          -------------------
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Sec. 30.1 In the 92d Congress, the Speaker described the method by 
    which nonelectronic votes would be taken when tellers with clerks 
    were ordered.

    On Feb. 25, 1971,(1) the Speaker (2) 
proceeded to explain how recorded teller votes would be taken under the 
then-prevailing rule (3) when the electronic voting system 
could not be used: (4)
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 1. 117 Cong. Rec. 3833, 3834, 92d Cong. 1st Sess.
 2. Carl Albert (Okla.).
 3. Rule I clause 5, House Rules and Manual Sec. 631 (1971).
 4. Although the teller vote with clerks has been supplanted by the 
        recorded vote, when the electronic system is not utilized, the 
        present procedure is identical to that described above, except 
        Members no longer act as tellers in the recording of teller 
        votes. See Sec. 33.1, infra.

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[[Page 11623]]

        If tellers with clerks are ordered, the Chair will name four 
    Member tellers, two from each side of the question. The Chair will 
    designate the aisle adjacent to the center aisle and to the Chair's 
    left as the aisle for ``yea'' votes, and the corresponding aisle 
    adjacent to the center aisle to the Chair's right as the aisle for 
    the ``no'' votes.
        Two Member tellers, one from each side of the question, will 
    take their places in the ``aye'' aisle toward the rear of the 
    Chamber, and the other two Member tellers will take their places in 
    the ``no'' aisle toward the rear of the Chamber.

        Two ballot boxes will be used. One marked ``yea,'' with green 
    trimming. The other marked ``no,'' with red trimming. These boxes 
    will be placed on seats along the ``aye'' and ``no'' aisles, 
    respectively, immediately adjacent to the two Member tellers who 
    have positioned themselves along those aisles. One tally clerk will 
    stand behind each of the boxes.
        Green ``aye'' and red ``no'' cards will be available in the 
    cloakrooms and in the well of the House. These cards will have 
    spaces for the Members to fill in his name, State, and district.
        The Chair will state: ``Members will pass between the tellers, 
    be counted, and recorded.'' Members desiring to vote in the 
    affirmative will proceed from the well up the ``aye'' aisle and, as 
    counted by the Member tellers, will give their green ``aye'' card, 
    properly filled in, to the ``aye'' tally clerk, who will, after 
    examination, place it in the green ballot box.
        Members who wish to be counted against the proposition will at 
    the same time proceed from the well up the ``no'' aisle between the 
    Member tellers and, as they are counted, will hand the filled-in 
    red ``no'' card to the second tally clerk who will, after 
    examination, place it in the red ``no'' box. The Member tellers 
    will report to the Chair when all Members have been counted and 
    have handed in their ballots.
        To avoid confusion in the well, the Chair asks that Members 
    obtain and fill in the appropriate green or red card in advance of 
    the recorded teller vote, if possible.
        After the ``no'' vote is reported, Members who arrive within 
    the allotted time--which under the rule must be at least 12 [now 
    15] minutes from the naming of tellers with clerks--will be 
    permitted to fill in the card, be counted, and recorded. No Member 
    will be counted unless, at the time he passes between the Member 
    tellers, he hands a filled-in card to one of the two tally clerks.
        The Chair will then announce the vote, but not before the 
    expiration of at least 12 [now 15] minutes from the naming of 
    tellers with clerks, nor until the Chair ascertains that no further 
    Members are present who desire to be recorded.
        Immediately after the Chair has announced the vote and before 
    any further business is conducted, Members wishing to be recorded 
    as ``present'' will announce their presence to the Chair.

[[Page 11624]]

        The names of Members voting in the affirmative, in the 
    negative, those recorded as present, and those not voting will be 
    printed in the Journal and in the Congressional Record.
        One bell and light will signal that tellers have been ordered.
        Two bells and lights will indicate that a recorded teller vote 
    has been ordered and is in progress. This second signal should be 
    distinguishable from a two-bell and light rollcall vote because it 
    will come very shortly after the one bell and light teller vote 
    call.
        The first signal--for tellers--one bell and light--will be 
    repeated at the end of 5 minutes. And, after a brief pause, the 
    second signal--for recorded tellers--two bells and lights--will 
    also be repeated. At this point Members will be on notice that the 
    recorded teller vote could be closed in 7 [now 10] minutes.
        May the Chair add that we believe this is the most practicable 
    way in which to implement the rule. If time and experience prove 
    otherwise, we can of course change the procedure.

    These ground rules have been modified as the House has utilized the 
system. Current practices are discussed in other portions of this 
chapter.

In the Committee of the Whole

Sec. 30.2 Yea and nay votes on questions are not permitted in the 
    Committee of the Whole.

    On June 2, 1977,(5) the Committee of the Whole had under 
consideration the Department of Energy Organization Act (H.R. 6804). 
Mr. John N. Erlenborn, of Illinois, offered an amendment which was 
rejected on a voice vote. Mr. Erlenborn then asked for a recorded vote.
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 5.  123 Cong. Rec. 17292, 95th Cong. 1st Sess.
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        The Chairman: (6) The question is on the amendment 
    in the nature of a substitute offered by the gentleman from 
    Illinois (Mr. Erlenborn).
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 6. Lucien N. Nedzi (Mich.).
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        The question was taken; and the Chairman announced that the 
    noes appeared to have it.
        Mr. Erlenborn: Mr. Chairman, I demand a recorded vote.
        A recorded vote was refused.
        Mr. Erlenborn: Mr. Chairman, I make the point of order that a 
    quorum is not present.
        The Chairman: The Chair will count. Eighty-one Members are 
    present, not a quorum.
        The Chair announces that pursuant to clause 2, rule XXIII, he 
    will vacate proceedings under the call when a quorum of the 
    Committee appears.
        Members will record their presence by electronic device.
        The call was taken by electronic device.
        The Chairman: One hundred Members have appeared. A quorum of 
    the Committee of the Whole is present. Pursuant to clause 2, rule 
    XXIII, further proceedings under the call shall be considered as 
    vacated.
        The Committee will resume its business.
        At the time the point of order of no quorum was made, the 
    amendment in

[[Page 11625]]

    the nature of a substitute offered by the gentleman from Illinois 
    (Mr. Erlenborn) was before the Committee, a recorded vote had been 
    refused, and in the opinion of the Chair the amendment in the 
    nature of a substitute had not carried.
        For what purpose does the gentleman from Illinois (Mr. 
    Erlenborn) rise?
        Mr. Erlenborn: Mr. Chairman, on the question of my amendment in 
    the nature of a substitute, I demand a division.
        On a division (demanded by Mr. Erlenborn) there were--ayes 29, 
    noes 51.
        Mr. [Steven D.] Symms [of Idaho]: Mr. Chairman, on that I ask 
    unanimous consent for a recorded vote.
        The Chairman: Is there objection to the request of the 
    gentleman from Idaho?
        Mr. [Lloyd] Meeds [of Washington]: Mr. Chairman, I object.
        The Chairman: Objection is heard.
        So the amendment in the nature of a substitute was rejected.
        Mr. [Clarence J.] Brown of Ohio: Mr. Chairman, I have a 
    parliamentary inquiry.
        The Chairman: The gentleman will state his parliamentary 
    inquiry.
        Mr. Brown of Ohio: Mr. Chairman, is it appropriate to ask for 
    the yeas and nays at this point?
        The Chairman: The Chair will state in response to the 
    gentleman's parliamentary inquiry that it is not in order to ask 
    for the yeas and nays in Committee of the Whole.
        Are there amendments to title I?

    A similar situation occurred in the 98th Congress (7) 
where a Member asked for the yeas and nays in Committee of the Whole 
following refusal of his request for a recorded vote on an amendment. 
Proceedings were as follows:
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 7. 130 Cong. Rec. 21259, 98th Cong. 2d Sess., July 26, 1984.
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        The Chairman Pro Tempore: (8) The question is on the 
    amendment offered by the gentleman from Montana [Mr. Williams].
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 8. Abraham Kazen, Jr. (Tex.).
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        The question was taken; and on a division (demanded by Mr. 
    Williams of Montana) there were--ayes 19, noes 21.
        Mr. [Pat] Williams of Montana: Mr. Chairman, I demand a 
    recorded vote, and pending that, I make the point of order that a 
    quorum is not present.
        The Chairman Pro Tempore: The Chair will count; 44 Members are 
    present, not a quorum.
        Pursuant to the provisions of clause 2, rule XXIII, the Chair 
    announces that he will reduce to a minimum of 5 minutes the period 
    of time within which a vote by electronic device, if ordered, will 
    be taken on the pending question following the quorum call. Members 
    will record their presence by electronic device. . . .
        The Chairman Pro Tempore: Three hundred ninety-six Members have 
    answered to their names, a quorum is present, and the Committee 
    will resume its business.
        The pending business is the demand of the gentleman from 
    Montana [Mr. Williams] for a recorded vote.
        A recorded vote was refused.
        So the amendment was rejected.
        Mr. Williams of Montana: Mr. Chairman, a parliamentary inquiry.

[[Page 11626]]

        The Chairman Pro Tempore: The gentleman will state it.
        Mr. Williams of Montana: Mr. Chairman, may I request the yeas 
    and nays on that last vote?
        The Chairman Pro Tempore: A recorded vote had been requested 
    and refused.
        Mr. Williams of Montana: May I ask for the yeas and nays.
        The Chairman Pro Tempore: Not at this time.
        The Chair will tell the gentleman from Montana that that would 
    not be permitted in the Committee of the Whole.
        Mr. Williams of Montana: Mr. Chairman, a further parliamentary 
    inquiry; may I ask for a division?
        The Chairman Pro Tempore: There has already been one.
        Mr. Williams of Montana: I understand that. My question is, May 
    I ask for another?
        The Chairman Pro Tempore: No.
        Mr. Williams of Montana: I thank the Chairman.

Effect of Taking a Recorded Vote on Demand for Yeas and Nays on Same 
    Question

Sec. 30.3 In the 92d Congress, the Speaker stated that a vote taken by 
    tellers with clerks pursuant to the rules would not preclude the 
    constitutional right of a Member to demand the yeas and nays on 
    that question.

    On Aug. 17, 1972,(9) the Speaker having put the question 
on the passage of a bill (H.R. 13915) to further equal educational 
opportunities, Mr. Roman C. Pucinski, of Illinois, demanded tellers on 
the question. The Chair then sought to determine the number of Members 
in favor of the Pucinski demand at which time Mr. Albert H. Quie, of 
Minnesota, demanded the yeas and nays. Mr. Pucinski then revised his 
request and demanded tellers with clerks.(10)
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 9. 118 Cong. Rec. 28915, 92d Cong. 2d Sess.
10. See Rule I clause 5, House Rules and Manual Sec. 630 (1995). See 
        also Sec. 30.1, supra.
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        The Speaker: (11) The gentleman from Illinois has 
    demanded a vote by tellers and a request has been made that the 
    Members rise. The Chair is counting.
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11. Carl Albert (Okla.).
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        Mr. Gerald R. Ford [of Michigan]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Gerald R. Ford: Mr. Speaker, if we have a vote by tellers 
    with clerks, is it possible to have a record vote subsequently? 
    (12)
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12. It should be noted that the use of the words, ``record vote,'' by 
        both the Speaker and Mr. Ford in this exchange is meant to 
        denote a vote taken by the yeas and nays.
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        The Speaker: A record vote is a constitutional prerogative of 
    the Members of the House.(13)
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13. See U.S. Const. art. I, Sec. 7, clause 2.
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    Parliamentarian's Note: In the 105th Congress, a change was

[[Page 11627]]

made to Rule I clause 5(a) (14) which renders this precedent 
obsolete. Clause 5(a) was amended to read as follows:
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14. See Sec. 24(a) of H. Res. 5, adopted Jan. 7, 1997, 143 Cong. Rec. 
        p. --------, 105th Cong. 1st Sess.
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        In clause 5(a) of rule I, insert before the last sentence the 
    following: ``A recorded vote taken pursuant to this paragraph shall 
    be considered a vote by the yeas and nays.''.

    Following the adoption of this amendment, a recorded vote, whether 
taken electronically or by clerks, would preclude a demand for the yeas 
and nays.