[Deschler's Precedents, Volume 5, Chapters 18 - 20]
[Chapter 20. Calls of the House; Quorums]
[C. Objections to Absence of a Quorum; Points of No Quorum]
[Â§ 18. Withdrawal or Withholding of Objections or Points of No Quorum]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 3740-3746]
 
                               CHAPTER 20
 
                      Calls of the House; Quorums
 
       C. OBJECTIONS TO ABSENCE OF A QUORUM; POINTS OF NO QUORUM
 
Sec. 18. Withdrawal or Withholding of Objections or Points of No Quorum

    When a point of no quorum is made, no ``business'' (10) 
is in order. The point may be withdrawn (11) or withheld 
(12) until announcement of absence of a quorum, after which 
the point may not be withdrawn even by unanimous 
consent.(13)
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10. ``Business'' is a term of art which does not encompass all 
        parliamentary proceedings. For example, the prayer, 
        administration of the oath to a Member, receipt of messages 
        from the President and Senate, motions incidental to a call of 
        the House, and the motion to adjourn, which do not require a 
        quorum, are in order after a point of no quorum. See Sec. 10, 
        supra, for a discussion of the definition of business. See also 
        Rule XV clause 6, House Rules and Manual Sec. 774c (1979).
11. Sec. Sec. 18.5, 18.6, infra.
12. Sec. Sec. 18.10, 18.11 infra.
13. Sec. Sec. 18.7-18.9, 
        infra.                          -------------------
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In General

Sec. 18.1 Withdrawal of a point of no quorum does not require unanimous 
    consent.

    On Nov. 15, 1967,(14) during consideration of S. 2388, 
the Economic Opportunity Amendments of 1967, Chairman John J. Rooney, 
of New York, commented on an objection to withdrawal of a point of no 
quorum.
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14. 113 Cong Rec. 32662, 90th Cong. 1st Sess.
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        Mr. [Sam M.] Gibbons [of Florida]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count.
        Mr. Gibbons: Mr. Chairman I withdraw the point of order.
        Mr. [H. R.] Gross [of Iowa]: Mr. Chairman, I object.
        The Chairman: Withdrawal of a point of order does not require 
    unani

[[Page 3741]]

    mous consent; so the point of order is withdrawn.

Sec. 18.2 Where objection is made to a vote on the ground that a quorum 
    is not present and, pursuant to a special order, the Speaker 
    declares that further proceedings will be put over until the 
    following day, it is too late for another Member to demand tellers 
    on the question, even though the point of no quorum is subsequently 
    withdrawn.

    On May 4, 1966,(15) during consideration of H.R. 14745, 
the appropriations bill for the Department of Health, Education, and 
Welfare and the Department of Labor for fiscal year 1967, Speaker John 
W. McCormack, of Massachusetts, ruled on the timeliness of a demand for 
tellers after postponing consideration.
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15. For the proceedings of this date, see Sec. 13.5, supra.
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Consequences of Withdrawal

Sec. 18.3 Where a point of no quorum is made and withdrawn immediately 
    after a division vote, it is then not too late to demand a teller 
    vote on the pending proposition.

    On Mar. 8, 1946,(16) during consideration of H.R. 5605, 
the agricultural appropriation bill for 1947, Chairman William M. 
Whittington, of Mississippi, ordered tellers.
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16. 92 Cong. Rec. 2084, 79th Cong. 2d Sess.
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        The Chairman: The question is on the amendment offered by the 
    gentleman from Massachusetts [Mr. Heselton].
        The question was taken; and on a division (demanded by Mr. 
    Heselton) there were--ayes 42, noes 28.
        Mr. [Reid F.] Murray of Wisconsin: Mr. Chairman, I make a point 
    of order a quorum is not present.
        The Chairman: The Chair will count.
        Mr. Murray of Wisconsin: Mr. Chairman, I withdraw my point of 
    no quorum.
        Mr. [George H.] Mahon [of Texas]: Mr. Chairman, a parliamentary 
    inquiry.
        The Chairman: The gentleman will state it.
        Mr. Mahon: Mr. Chairman, is it too late to ask for tellers on 
    this vote?
        The Chairman: No; it is not too late to ask for tellers.
        Mr. Mahon: Mr. Chairman, I ask for tellers.
        Tellers were ordered, and the chairman appointed as tellers Mr. 
    Mahon and Mr. Heselton.
        The committee again divided; and the tellers reported that 
    there were--ayes 30, noes 48.
        So the amendment was rejected.

[[Page 3742]]

Sec. 18.4 Objection to a voice vote for lack of a quorum having been 
    withdrawn and demand then being made for a division, an objection 
    to the division vote for lack of a quorum is in order and, if a 
    quorum is not present, the roll call is automatic.

    On Feb. 5, 1957,(17) Speaker Sam Rayburn, of Texas, 
entertained an objection to a division vote.
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17. 103 Cong. Rec. 1553, 85th Cong. 1st Sess.
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        The Speaker: The Clerk will report the amendment on which a 
    separate vote is demanded.
        The Clerk read as follows:

            Amendment offered by Mr. Lanham: Page 5, line 7, after 
        ``$275,000,000'', strike out the colon and insert ``Provided, 
        That not more than $15,728,000 of this amount may be used for 
        State and local administration.''

        Mrs. [Edith S.] Green of Oregon: Mr. Speaker, on that I demand 
    the yeas and nays.
        The yeas and nays were refused.
        The Speaker: The question is on the amendment.
        The question was taken and the Speaker announced that the 
    ``ayes'' had it.
        Mrs. Green of Oregon: Mr. Speaker, I object to the vote on the 
    ground a quorum is not present.
        The Speaker: The Chair will count.
        Mrs. Green of Oregon: Mr. Speaker, I withdraw the point of 
    order and ask for a division.
        The question was taken; and on a division (demanded by Mrs. 
    Green of Oregon) there were--ayes 118, noes 46.
        Mrs. Green of Oregon: Mr. Speaker, I object to the vote on the 
    ground that a quorum is not present, and I make the point of order 
    that a quorum is not present.
        Mr. H. Carl Andersen [of Minnesota]: Mr. Speaker, a point of 
    order.
        The Speaker: The gentleman will state it.
        Mr. H. Carl Andersen: The point of order is that that request 
    has already been made in reference to this vote, and the 
    gentlewoman withdrew it.
        The Speaker: The objection to the voice vote on the grounds 
    that a quorum was not present was withdrawn. The objection to the 
    vote by division, on the grounds that a quorum is not present, is 
    in order.
        Evidently a quorum is not present.

When Withdrawal Is Permitted

Sec. 18.5 A point of order that a quorum is not present may be 
    withdrawn, providing the absence of a quorum has not been announced 
    by the Chair; such withdrawal does not require unanimous consent.

    On Apr. 11, 1962,(1) Speaker pro tempore W. Homer 
Thornberry, of Texas, ruled on whether unanimous consent is required 
for withdrawal.
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 1. 108 Cong. Rec. 6379, 6380, 87th Cong. 2d Sess.
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        Mr. [James B.] Utt [of California]: I have yielded once to the 
    gentleman from Ohio already.

[[Page 3743]]

        Mr. [Wayne L.] Hays [of Ohio]: Well, I make the point of order 
    that a quorum is not present.
        The Speaker Pro Tempore: The Chair will count.
        Mr. Hays: Mr. Speaker, out of deference to the Speaker, whom I 
    have known for 14 years as the majority leader previously, I will 
    withdraw the point of order. But I will say I will make another 
    one, if necessary.
        Mr. [H. R.] Gross [of Iowa]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker Pro Tempore: Does the gentleman from California 
    [Mr. Utt] yield to the gentleman from Iowa [Mr. Gross] for a 
    parliamentary inquiry?
        Mr. Utt: Mr. Speaker, I yield to the gentleman from Iowa for 
    the purpose of making a parliamentary inquiry.
        The Speaker Pro Tempore: The gentleman will state it.
        Mr. Gross: Mr. Speaker, does it require unanimous consent to 
    withdraw a request for a quorum call?
        The Speaker Pro Tempore: It does not, the Chair will state to 
    the gentleman from Iowa.

Sec. 18.6 In the Committee of the Whole, a point of order that a quorum 
    is not present may be withdrawn before the absence of a quorum is 
    ascertained, and unanimous consent is not required.

    On Sept. 4, 1969,(2) during consideration of H.R. 12085, 
extending the Clean Air Act, a point of no quorum was withdrawn.
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 2. 115 Cong. Rec. 24372, 24373, 91st Cong. 1st Sess.
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        (By unanimous consent, Mr. Koch was allowed to speak out of 
    order.)
        Mr. [Edward I.] Koch [of New York]: Mr. Chairman, I believe 
    that the speaker who just spoke----
        Mr. [Charles E.] Chamberlain [of Michigan]: Mr. Chairman, I 
    make the point of order that a quorum is not present.
        The Chairman: (3) The Chair will count.
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 3. Cornelius E. Gallagher (N.J.).
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        Mr. Chamberlain (during the counting): Mr. Chairman, I withdraw 
    my point of order.
        Mr. [Joe D.] Waggonner [Jr., of Louisiana]: Mr. Chairman, a 
    parliamentary inquiry.
        Would it not be necessary under the rules of the House for the 
    gentleman to ask unanimous consent to withdraw his point of order?
        The Chairman: The point of order can be withdrawn without the 
    consent of the Committee of the Whole unanimously.
        The gentleman from New York is recognized.

When Withdrawal Is Not Permitted

Sec. 18.7 Where the Chair after counting announces that a quorum is not 
    present, a Member may not, even by unanimous consent, withdraw his 
    point of no quorum, to permit the House to continue with its 
    business without having first obtained a quorum.

    On Dec. 18, 1937,(4) Speaker William B. Bankhead, of Ala
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 4. 82 Cong. Rec. 1846, 75th Cong. 2d Sess.
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[[Page 3744]]

bama, ruled on the procedure after announcement of absence of a quorum.

        Mr. [Louis C.] Rabaut [of Michigan]: Mr. Speaker, I suggest the 
    absence of a quorum.
        The Speaker: The gentleman from Michigan makes the point of 
    order that there is not a quorum present. The Chair will count. 
    [After counting.] One hundred and fifty-six Members are present, 
    not a quorum.
        Mr. Rabaut: Mr. Speaker, I will withdraw the motion.
        Mr. [Bertrand H.] Snell [of New York]: Mr. Speaker, a point of 
    order. The Speaker has announced that a quorum is not present. The 
    gentleman from Michigan cannot withdraw the point of order. The 
    Speaker has announced that there is no quorum present. Business 
    cannot be conducted after the Speaker has announced there is no 
    quorum present.
        The Speaker: The Chair will hold that a point of order having 
    been made that there was no quorum present, and the Chair having 
    counted and announced that there was no quorum present, a 
    constitutional question is raised. No quorum is present, as was 
    announced by the Chair.
        Mr. [Henry B.] Steagall [of Alabama]: Mr. Speaker, I move a 
    call of the House.

        A call of the House was ordered.

    Parliamentarian's Note: A unanimous-consent request is business of 
the House, which cannot be conducted in the proven absence of a quorum.

Sec. 18.8 In the House, the absence of a quorum being announced, it is 
    too late to withdraw a point of order that there is no quorum 
    present.

    On May 23, 1939,(5) Speaker William B. Bankhead, of 
Alabama, ruled on the timeliness of a withdrawal of a point of no 
quorum.
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 5. 84 Cong. Rec. 6004, 76th Cong. 1st Sess.
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        Mr. [Edward E.] Cox [of Georgia]: Mr. Speaker, I yield 5 
    minutes to the gentleman from Virginia [Mr. Woodrum].
        Mr. [Charles R.] Clason [of Massachusetts]: Mr. Speaker, I make 
    the point or order there is not a quorum present.
        The Speaker: The gentleman from Massachusetts makes the point 
    of order that there is no quorum present. The Chair will count. 
    [After counting.] Two hundred and thirteen Members are present, not 
    a quorum.
        Mr. Clason and Mr. [Clifton A.] Woodrum of Virginia rose.
        Mr. Clason: Mr. Speaker, I withdraw the point of order in view 
    of the large number that are present.
        The Speaker: Under the circumstances, the Chair is not 
    authorized to recognize the gentleman inasmuch as the Chair had 
    already announced no quorum present. A constitutional question is 
    raised.

Sec. 18.9 In the Committee of the Whole, it is too late to withdraw a 
    point of no quorum after the Chair has counted

[[Page 3745]]

    and announced that a quorum is not present.

    On Mar. 24, 1948,(6) Chairman Francis H. Case, of South 
Dakota, responded to an attempt to withdraw a point of no quorum.
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 6. 94 Cong. Rec. 3436, 80th Cong. 2d Sess.
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        The Chairman: The Chair will present that question to the 
    Committee. The question is, Shall the gentleman be permitted to 
    proceed with the reading of the letter?
        The question was taken, and the Chair announced that the motion 
    was agreed to.
        Mr. [Vito] Marcantonio [of New York]: Mr. Chairman, I make the 
    point of order that a quorum is not present.
        The Chairman: The Chair will count. [After counting.] Seventy-
    seven Members are present, not a quorum.
        Mr. Marcantonio: Mr. Chairman, I withdraw the point of order. I 
    just want to show that courtesy can be extended in this House.
        The Chairman: The Chair has already announced the count.
        The Clerk will call the roll.

Withholding

Sec. 18.10 A point of no quorum may not be reserved (withheld) after 
    the Chair has announced that a quorum is not present.

    On Mar. 14, 1938,(7) Speaker William B. Bankhead, of 
Alabama, ruled on the timeliness of withholding a point of no quorum.
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 7. 83 Cong. Rec. 3319, 75th Cong. 3d Sess.
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        Mr. [Sam] Rayburn [of Texas]: Mr. Speaker, I make the point of 
    order that a quorum is not present.
        The Speaker: Evidently there is not a quorum present.
        Mr. Rayburn: Mr. Speaker, I withhold the point of order for the 
    moment, as I understand there are some Members who wish to extend 
    their remarks. I must announce, however, that for today I shall 
    feel called upon to object to anyone having any time before going 
    into the Committee of the Whole.
        The Speaker: The Chair is reluctantly obliged to hold, having 
    announced that there was no quorum present, that the point of order 
    may not be withheld. It raises a constitutional question. The rule 
    will have to be observed.
        Mr. Rayburn: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.

Sec. 18.11 A point of no quorum may not be withheld after the absence 
    of a quorum has been announced by the Chair; and no business is in 
    order until a quorum is established.

    On Sept. 7, 1959,(8) Speaker Sam Rayburn, of Texas, did 
not permit a point of no quorum to be withheld.
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 8. 105 Cong. Rec. 18442, 18443, 86th Cong. 1st Sess.
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        Mr. [Armistead I.] Selden [Jr., of Alabama]: Mr. Speaker, I ask 
    unani

[[Page 3746]]

    mous consent that it may be in order to consider under the general 
    rules of the House the bill (H.R. 9069) to provide standards for 
    the issuance of passports, and for other purposes; that general 
    debate continue for not to exceed 1 hour, one-half to be controlled 
    by myself and one-half controlled by the ranking minority member of 
    the Committee on Foreign Affairs.
        The Speaker: Is there objection to the request of the gentleman 
    from Alabama?
        There was no objection. . . .
        Mr. [Charles O.] Porter [of Oregon]: Mr. Speaker, I make the 
    point of order that a quorum is not present.
        The Speaker: Evidently a quorum is not present.
        Mr. [John W.] McCormack [of Massachusetts]: Mr. Speaker, will 
    the gentleman withhold his point of order until a consent request 
    can be acted upon?
        The Speaker: It is too late to do anything. He held the floor 
    and the Chair declared that a quorum was not present. The only 
    thing that can take place now is a call of the House.
        Mr. McCormack: Mr. Speaker, I move a call of the House.
        A call of the House was ordered.