[Deschler's Precedents, Volume 7, Chapters 22 - 25]
[Chapter 23. Motions]
[F. Motions to Reconsider]
[Â§ 35. Who May Offer; Calling UP]
[From the U.S. Government Publishing Office, www.gpo.gov]


[Page 4725-4727]
 
                               CHAPTER 23
 
                                Motions
 
                        F. MOTIONS TO RECONSIDER
 
Sec.  35. Who May Offer; Calling Up

Members Voting With the Majority

Sec. 35.1 A motion to reconsider a vote may be made by a Member voting 
    with the majority on that vote.

    On May 5, 1943,(2) Mr. Robert Ramspeck, of Georgia, 
called up for consideration a previously entered motion to reconsider 
the vote whereby a conference report had been rejected. A parliamentary 
inquiry was raised and entertained by Speaker Sam Rayburn, of Texas.
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 2. 89 Cong. Rec. 4001, 78th Cong. 1st Sess.
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        Mr. Ramspeck: Mr. Speaker, pursuant to rule 18, I call up for 
    consideration the motion to reconsider the vote whereby the 
    conference report on the bill (H.R. 1860) to provide for the 
    payment of overtime compensation to Government employees, and for 
    other purposes, was rejected.
        Mr. [John] Taber [of New York]: Mr. Speaker, a parliamentary 
    inquiry.
        The Speaker: The gentleman will state it.
        Mr. Taber: Was the motion to reconsider made by one of those 
    who was in the majority upon that question?
        The Speaker: It was. It was made by the gentleman from Texas 
    [Mr. Worley].(3)
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 3. See also 87 Cong. Rec. 7074, 7075, 77th Cong. 1st Sess., Aug. 12, 
        1941.
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Reconsideration of Tie Vote

Sec. 35.2 Since a tie vote defeats a question, a Senator who voted in 
    the affirmative is not on the prevailing side and is precluded from 
    moving to reconsider the question.

    On Feb. 4, 1964,(4) Senator Thomas H. Kuchel, of 
California, moved to reconsider the tie vote whereby the Senate 
rejected an amendment to H.R. 8363, the Revenue Act of 1964. With 
Senator George McGovern, of South Dakota, presiding, the following 
occurred:
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 4. 110 Cong. Rec. 1854, 88th Cong. 2d Sess.
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        Mr. Kuchel: Mr. President, I move that the Senate reconsider 
    the vote by which the last amendment was defeated. I ask for the 
    yeas and nays on the motion. . . .
        Mr. [Elmer J.] Holland [of Pennsylvania]: A point of order.
        The Presiding Officer: The Senator will state his point of 
    order.
        Mr. Holland: Is the Senator from California in position to make 
    his motion?
        Mr. [Russel B.] Long of Louisiana: How did the Senator from 
    California vote?
        Mr. Kuchel: I make my motion. I voted in the affirmative.
        Mr. Long of Louisiana: The Senator is not in a position to make 
    his motion.
        Mr. Kuchel. I renew my motion.

[[Page 4726]]

        Mr. Long of Louisiana: Mr. President----
        The Presiding Officer: The Senator from California voted in the 
    affirmative. The Parliamentarian informs the Chair that the Senator 
    from California, therefore, is not in a position to make his 
    motion.

Reconsideration of Unrecorded Vote

Sec. 35.3 Where there has been no recorded vote, a Member offering a 
    motion to reconsider will not be compelled to say whether he voted 
    with the majority or minority.

    On July 14, 1932,(5) Mr. William P. Connery, Jr., of 
Massachusetts, moved to reconsider a vote by division on a motion to 
recommit Senate Joint Resolution 169, to relocate the unemployed on 
unoccupied rural lands. A point of order was raised that Mr. Connery 
had not voted with the majority and was therefore not eligible to make 
that motion.
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 5. 75 Cong. Rec. 15392, 72d Cong. 1st Sess.
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        Mr. Connery: Mr. Speaker, I move to reconsider the vote on the 
    motion to recommit the resolution, Senate Joint Resolution 169, and 
    spread that on the Journal.
        Mr. [John B.] Schafer [of Wisconsin]: Mr. Speaker, a point of 
    order. The gentleman voted against the motion, and under the 
    parliamentary situation and the rules of the House, the gentleman 
    can not move to reconsider the vote.
        The Speaker: (6) The Chair has no knowledge of how 
    any vote was cast. There was no roll call.
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 6. John N. Garner (Tex.).
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        Mr. [John] Taber [of New York]: But should not the gentleman be 
    required to state how he voted, when the question is raised, Mr. 
    Speaker?
        The Speaker: Well, it has not been customary in the House since 
    the present occupant of the chair has been a Member of it.

Timeliness of Objection as to Eligibility

Sec. 35.4 A point of order that a Senator who had moved to reconsider 
    was ineligible to make the motion [not being on prevailing side of 
    question] comes too late where a motion to table the motion to 
    reconsider has been rejected and yeas and nays have been ordered on 
    the motion to reconsider.

    On July 23, 1964,(7) during Senate consideration of S. 
2642, the Economic Opportunity Act of 1964, with Senator Daniel Inouye, 
of Hawaii, presiding, the following took place:
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 7. 110 Cong. Rec. 16722, 16723, 88th Cong. 2d Sess.
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        Mr. [Jacob K.] Javits [of New York]: Mr. President, I move that 
    the

[[Page 4727]]

    Senate reconsider the vote by which the amendment was agreed to.
        Mr. [Winston L.] Prouty [of Vermont]: I move to lay that motion 
    on the table.
        The Presiding Officer: The question is on agreeing to the 
    motion of the Senator from Vermont to lay on the table the motion 
    of the Senator from New York to reconsider the vote by which the 
    amendment was agreed to.
        Mr. [Hubert H.] Humphrey [(of Minnesota]: Mr. President, on 
    this question, I ask for the yeas and nays.
        The yeas and nays were ordered.
        The Presiding Officer: The clerk will call the roll.
        The legislative clerk proceeded to call the roll. . . .
        The result was announced--yeas 45, nays 45, as follows. . . .
        So the motion to lay on the table was rejected.
        Mr. [Thomas H.] Kuchel [of California]: Mr. President, on the 
    last vote, was the question to lay on the table the motion to 
    reconsider?
        The Presiding Officer: That is correct.
        Mr. Kuchel: Is the question now on the motion to reconsider?
        The Presiding Officer: That is correct. . . .
        Mr. [John G.] Tower [of Texas]: Mr. President, a point of 
    order.
        The Presiding Officer: The Senator will state it.
        Mr. Tower: The motion to reconsider was made by the Senator 
    from New York, who, I believe, was not on the prevailing side.
        The Presiding Officer: The Parliamentarian advises the Chair 
    that it is too late to raise that point of order.

Calling Up on Subsequent Day; Form

Sec. 35.5 A Member entered a motion to reconsider the vote by which a 
    conference report was rejected; subsequently, another Member called 
    up that motion for the consideration of the House.

    On Apr. 22, 1943,(8) Mr. Eugene Worley, of Texas, moved 
to reconsider the vote whereby the House had on the previous day 
rejected H.R. 1860, a bill to provide overtime compensation for 
government employees.
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 8. 89 Cong. Rec. 3729, 78th Cong. 1st Sess.
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        Mr. Worley: Mr. Speaker, I move to reconsider the action by 
    which H.R. 1860 was on yesterday rejected.

    On May 5, 1943,(9) Mr. Robert Ramspeck, of Georgia, 
called up for consideration a motion to reconsider the vote by which a 
conference report had been rejected.
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 9. Id. at p. 4001.
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        Mr. Ramspeck: Mr. Speaker,(10) pursuant to rule 18, 
    I call up for consideration the motion to reconsider the vote 
    whereby the conference report on the bill (H.R. 1860) to provide 
    for the payment of overtime compensation to Government employees, 
    and for other purposes, was rejected.
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10. Sam Rayburn (Tex.).

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