[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[A. Calls of the House]
[Â§ 4. Calls by Electronic Device; Time Allowed for Attendance]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3545-3548]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
                         A. CALLS OF THE HOUSE
 
Sec. 4. Calls by Electronic Device; Time Allowed for Attendance

    Under authority granted by section 121 of the Legislative 
Reorganization Act of 1970,(4) permitting use of electronic 
equipment to record names of Members voting or present, the House on 
Oct. 13, 1972,(5) approved a privileged resolution from the 
Committee on Rules (H. Res. 1123) which amended Rules I, VIII, XV, and 
XXIII. The resolution provided for a 15-minute minimum procedure for a 
recording of quorum calls in the House and Committee of the Whole by 
electronic device at the discretion of the Chair; a ``backup'' 
electronic procedure for recorded teller votes; and nonelectronic 
quorum calls to be conducted by clerk tellers in lieu of calling the 
roll.
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 4. Pub. L. No. 91-510, 84 Stat. 1140.
 5. See 118 Cong. Rec. 36005--12, 92d Cong. 2d Sess., for the 
        consideration and vote.
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                            Cross Reference
 Voting, Ch. 30, infra.

                          Collateral Reference
    Committee on House Administration, The Electronic Voting System for 
the United States House of Representatives, 92d Cong. 1st Sess. 
(1972).                          -------------------

In General

Sec. 4.1 The Speaker may direct that a call of the House be conducted 
    by an alphabetical call of the roll by the Clerk, notwithstanding 
    the requirement of Rule XV clause 2(b) (6) that quorum 
    calls be
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 6. See House Rules and Manual Sec. 771b (1979).
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[[Page 3546]]

    conducted by clerk-tellers where the Chair is unable to utilize the 
    electronic device.

    On Mar. 7, 1973,(7) Speaker Carl Albert, of Oklahoma, 
directed that a call of the House be conducted.
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 7. 119 Cong. Rec. 6699, 93d Cong. 1st Sess.
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        The Speaker: The Chair would like to make an announcement.
        The Chair has been advised that the electronic voting system is 
    at the present time not operable.

        Until further notice, therefore, all votes and quorum calls 
    will be taken by the standby procedures which are provided in the 
    rules. . . .
        Mr. [Leslie C.] Arends [of Illinois]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [Thomas P.] O'Neill [Jr., of Massachusetts]: Mr. Speaker, I 
    move a call of the House.
        A call of the House was ordered.
        The Clerk called the roll, and the following Members failed to 
    answer to their names: . . .
        The Speaker: On this rollcall 379 Members have answered to 
    their names, a quorum.
        By unanimous consent, further proceedings under the call were 
    dispensed with.

    Parliamentarian's Note: Rule XV clause 1,(8) authorizes 
the Chair to direct the alphabetical call of the roll on ``every roll 
call'' unless the Chair, in his discretion under clause 5 utilizes the 
electronic device, but clause 5,(9) distinguishes between 
``roll calls'' and ``quorum calls,'' and clause 2(b) permits ``calls of 
the House'' to be had by clerks where the electronic device is not 
utilized.
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 8. See House Rules and Manual Sec. 765 (1979).
 9. Id. at Sec. 774b.
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Sec. 4.2 Pursuant to Rule XV clauses 4 and 5,(10) the 
    Speaker may, in his discretion, direct the Clerk to call the roll 
    (in lieu of taking the vote by electronic device) where a quorum 
    fails to vote on any question and objection is made for that 
    reason.
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10. See House Rules and Manual Sec. Sec. 773, 774b (1979).
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    On May 16, 1973,(1) during consideration of H.R. 5777, 
the Hobby Protection Act, Speaker Carl Albert, of Oklahoma directed the 
Clerk to call the roll.
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 1. 119 Cong. Rec. 15860, 15861, 93d Cong. 1st Sess.
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        The Speaker: The question is on the passage of the bill.
        The question was taken; and the Speaker announced that the ayes 
    appeared to have it.
        Mr. [John W.] Wydler [of New York]: Mr. Speaker, I object to 
    the vote on the ground that a quorum is not present and make the 
    point of order that a quorum is not present.

[[Page 3547]]

        The Speaker: Evidently a quorum is not present.
        The electronic voting device apparently is not operating 
    properly.
        The Sergeant at Arms will notify absent Members, and the Clerk 
    will call the roll.

Sec. 4.3 On a call of the House conducted by electronic device pursuant 
    to Rule XV clause 5,(2) Members are permitted a minimum 
    of 15 minutes to respond [and at the expiration of such time it is 
    within the discretion of the Chair to allow additional time for 
    Members to record their presence before announcing the result].
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 2. See House Rules and Manual Sec. 774b (1979).
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    On June 6, 1973,(3) during discussion of impeachment 
powers of the House, Speaker Carl Albert, of Oklahoma, clarified the 
time limit for calling the roll by electronic device.
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 3. 119 Cong. Rec. 18402, 18403, 93d Cong. 1st Sess.
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        Mr. [Earl F.] Landgrebe [of Indiana]: Mr. Speaker, this is a 
    very important matter being discussed. I do not believe there is a 
    quorum in the House. I make the point of order that a quorum is not 
    present.
        The Speaker Pro Tempore: (4) The Chair will count.
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 4. Romano L. Mazzoli (Ky.).
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        Sixty Members being present in the Chamber, a quorum is not 
    present.
        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.
        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members failed to respond: . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, may we have the 
    regular order?
        The Speaker: The regular order is the establishment of a quorum 
    and the rule provides a minimum of 15 minutes for Members to 
    respond. Clause 5 of rule XV states that Members have ``not less 
    than 15 minutes to have their presence recorded.''

Sec. 4.4 Where a motion to adjourn intervenes during a call of the 
    House being conducted by electronic device following the expiration 
    of 15 minutes but prior to the announcement of the result of the 
    call, the quorum call remains in progress upon rejection of the 
    motion to adjourn.

    On June 6, 1973,(5) during discussion of the power of 
impeachment in the House, Speaker Carl Albert, of Oklahoma, ordered 
continuation of a quorum call following defeat of a motion to adjourn.
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 5. 119 Cong. Rec. 18402, 18403, 93d Cong. 1st Sess.
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        Mr. [John J.] McFall [of California]: Mr. Speaker, I move a 
    call of the House.

[[Page 3548]]

        A call of the House was ordered.
        The call was taken by electronic device, and the following 
    Members failed to respond: . . .
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, may we have the 
    regular order?
        The Speaker: The regular order is the establishment of a quorum 
    and the rule provides a minimum of 15 minutes for Members to 
    respond. Clause 5 of rule XV states that Members have ``not less 
    than 15 minutes to have their presence recorded.''
        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Speaker, I move 
    that the House do now adjourn.
        Ms. [Bella] Abzug [of New York]: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were ordered.
        The vote was taken by electronic device, and there were--yeas 
    9, nays 143, present 1, not voting 279, as follows: . . .
        So the motion to adjourn was rejected.
        The result of the vote was amended as above recorded.
        The Speaker: The order of business is the establishment of a 
    quorum. The House is still in the process of trying to establish a 
    quorum, the motion to adjourn having been rejected. Are there 
    further Members in the Chamber who desire to record their presence?

    Parliamentariarn's Note: Because the Speaker had not announced the 
result of the call of the House (Roll No. 191) at the time Mr. 
Waggonner offered the motion to adjourn, the Speaker announced that the 
call of the House was still open and in progress upon rejection of the 
adjournment motion, and that Members could record their presence 
although they had not been able to return to the floor during the 15-
minute period. Mr. John J. Duncan, of Tennessee, contended the next day 
that the Speaker had no authority to entertain the motion to adjourn 
during the call of the House and prior to his announcement of the 
result of that call (citing 5 Hinds' Precedents Sec. 6053, to the 
effect that a motion to adjourn may not interrupt a call of the yeas 
and nays during the actual call of the roll). If this contention were 
valid, it would give to the Speaker unlimited discretion to keep a 
quorum call open indefinitely by refusing to announce the result (where 
a quorum had not been obtained) and thereby indefinitely refusing to 
entertain a motion to adjourn. See Sec. 8.19, infra, where a motion to 
adjourn was held in order after the conclusion of the second call of 
the roll and prior to announcement by the Chair of the result of the 
call.