[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Jeffersons Manual of ParliamentaryPractice]
[Pages 249-255]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                    SEC. XLI.--DIVISION OF THE HOUSE.


[[Page 250]]
decision, then the Speaker is to divide the House. Scob., 24; 2 Hats., 
140.



Sec. 501. Division of the House after 
determination by sound.

  The affirmative and  negative of the question having been both put 
and answered, the Speaker declares whether the yeas or nays have it by 
the sound, if he be himself satisfied, and it stands as the judgment of 
the House. But if he be not himself satisfied which voice is the 
greater, or if before any other Member comes into the House, or before 
any new motion made (for it is too late after that), any Member shall 
arise and declare himself dissatisfied with the Speaker's 



  This practice is provided for in different language by clause 5 of 
rule I.



Sec. 502. Parliamentary provisions as to division, 
not applicable in the House.

  When the  House of Commons is divided, the one 
party goes forth, and the other remains in the House. This has made it 
important which go forth and which remain; because the latter gain all 
the indolent, the indifferent, and inattentive. Their general rule, 
therefore, is that those who give their vote for the preservation of the 
orders of the House shall stay in, and those who are for introducing any 
new matter or alteration, or proceeding contrary to the established 
course, are to go out. But this rule is subject to many exceptions and 
modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92; Scob., 43, 52; Co., 
12, 116; D'Ewes, 505, col. 1; Mem. in Hakew., 25, 29.



  The one party being gone forth, the Speaker names two tellers from the 
affirmative and two from the negative side, who first count those 
sitting in the House and report the number to the Speaker. Then they 
place themselves within the door, two on each side, and count those who 
went forth as they come in and report the number to the Speaker. Mem. in 
Hakew., 26.



[[Page 251]]

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A mistake in the report of the tellers may be rectified after the report 
made. 2 Hats., 145, note.

  The House of Representatives formerly employed a vote ``by tellers'' 
that was perhaps comparable to that described above. However, the 
provision in clause 5 of rule I that provided for teller votes was 
repealed by the 103d Congress. Under the former procedure tellers took 
their place at the rear of the center aisle when named by the Chair, and 
Members passed between them to be counted. Clause 5 of rule I also 
provides for taking a ``recorded vote'' by means of the electronic 
voting system when seconded by one-fifth of a quorum.


         *            *            *            *            *        




Sec. 504. Voting by yeas and nays.

  When it  is proposed to 
take the vote by yeas and nays, the President or Speaker states that 
``the question is whether, e.g., the bill shall pass--that it is 
proposed that the yeas and nays shall be entered on the journal. Those, 
therefore, who desire it will rise.'' If he finds and declares that one-
fifth have risen, he then states that ``those who are of opinion that 
the bill shall pass are to answer in the affirmative; those of the 
contrary opinion in the negative.'' The Clerk then calls over the names 
alphabetically, notes the yea or nay of each, and gives the list to the 
President or Speaker, who declares the result. In the Senate if there be 
an equal division the Secretary calls on the Vice-President and notes 
his affirmative or negative, which becomes the decision of the House.




[[Page 252]]

  In the House of Representatives tellers were sometimes, though rarely, 
ordered to determine whether one-fifth joined in the demand for the yeas 
and nays (V, 6045) but in the later practice the Speaker's count is not 
subject to verification (VIII, 3114-3118), and it is not in order to 
demand a rising vote of those opposed on a count by the Speaker to 
ascertain if one-fifth concur in demand for yeas and nays (VIII, 3112, 
3113). Clause 1 of rule XV of the House provides the method for taking 
the yeas and nays in the modern practice; but under clause 5 of that 
rule both the yeas and nays and calls of the House are taken by means of 
the electronic voting system unless the Speaker in his discretion orders 
the utilization of other prescribed procedures.



Sec. 505. Parliamentary law as to giving of votes.

  In the  House of Commons every member must give his vote the one way or the 
other, Scob., 24, as it is not permitted to anyone to withdraw who is in 
the House when the question is put, nor is anyone to be told in the 
division who was not in when the question was put. 2 Hats., 140.



  This last position is always true when the vote is by yeas and nays; 
where the negative as well as affirmative of the question is stated by 
the President at the same time, and the vote of both sides begins and 
proceeds pari passu. It is true also when the question is put in the 
usual way, if the negative has also been put; but if it has not, the 
member entering, or any other member may speak, and even propose 
amendments, by which the debate may be opened again, and the question be 
greatly deferred. And as some who have answered aye may have been 
changed by the new arguments, the affirmative must be put over gain. If, 
then, the member entering may, by speaking a few words, occasion a 
repetition of a question, it would be useless to deny it on his simple 
call for it.



[[Page 253]]

  Clause 1 of rule VIII of the House of Representatives requires Members 
to vote; but no rule excludes from voting those not present at the 
putting of the question, and this requirement of the parliamentary law 
is not observed in the House. No attempt is made to prevent Members from 
withdrawing after a question is put, unless there be a question as to a 
quorum, when the House proceeds under clauses 2 and 4 of rule XV.




Sec. 506. Movements of Members during voting.

  While the  House is telling, no member may speak or move out of his place, for 
if any mistake be suspected it must be told again. Mem. in Hakew., 26; 2 
Hats., 143.



  This rule applies in the House of Representatives on a vote by 
division, where the Speaker counts; but did not apply to the former vote 
by ``tellers,'' where Members passed between tellers at the rear of the 
center aisle to be counted.




Sec. 507. Decisions of points of order during a 
division.

  If any  difficulty arises in point of order during the division, the 
Speaker is to decide peremptorily, subject to the future censure of the 
House if irregular. He sometimes permits old experienced members to 
assist him with their advice, which they do sitting in their seats, 
covered, to avoid the appearance of debate; but this can only be with 
the Speaker's leave, else the division might last several hours. 2 
Hats., 143.



  Representatives no longer sit with their hats on (clause 7 of rule 
XIV) and always rise to speak; respectfully addressing their remarks to 
``Mr. Speaker'' (clause 1 of rule XIV).




Sec. 508. Decision by voice of majority; and tie 
votes.

  The voice  of the majority decides; for the lex majoris partis is the law 
of all councils, elections, &c., where not otherwise expressly provided. 
Hakew., 93. But if the House be equally divided, semper presuamtur pro 
negante; that is, the former law is not to be changed but by a majority. 
Towns., col. 134.



[[Page 254]]

  The House of Representatives provides also by rule (clause 6 of rule 
I) that in the case of a tie vote the question shall be lost.-


-  The standing <> rules also 
require a three-fifths vote for passage or adoption of a bill, a joint 
resolution, an amendment thereto, or a conference report thereon, if 
carrying a Federal income tax rate increase (clause 5(c) of rule XXI) or 
for passage of a bill called from the Corrections Calendar (clause 4(c) 
of rule XIII).



Sec. 509. Twothirds votes.

  The House of  Representatives, 
however, requires a two-thirds vote on a motion to suspend the rules 
(clause 1 of rule XXVII), on a motion to dispense with Calendar 
Wednesday (clause 7 of rule XXIV), on a motion to dispense with the call 
of the Private Calendar on the first Tuesday of each month (clause 6 of 
rule XXIV), and to consider a special rule immediately (clause 4(b) of 
rule XI), and the Constitution of the United States requires two-thirds 
votes for the expulsion of a Member, passing vetoed bills, removing 
political disabilities, and passing resolutions proposing amendments to 
the Constitution.





Sec. 510. Business suspended by the failure of a 
quorum.

  When from  counting the House on a division it appears that there is not 
a quorum, the matter continues exactly in the state in which it was 
before the division, and must be resumed at that point on any future 
day. 2 Hats., 126.



  While under the rules first adopted in the 95th Congress it is not in 
order to make or entertain a point of no quorum unless the question has 
been put on the pending motion or proposition, if a quorum in fact does 
not respond on a call of the House or on a vote, even the most highly 
privileged business must terminate (IV, 2934; VI, 662) and even debate 
must stop until a quorum is established (see IV, 2935-2949). No motion 
is entertained in the absence of a quorum other than a motion relating 
to the call of the House or to adjourn (IV, 2950; VI, 680). Even in the 
closing hours of a Congress business has been stopped by the failure of 
a quorum (V, 6309; Oct. 18, 1972, pp. 37199-37200).



[[Page 255]]



Sec. 511. Change of a vote.

  1606, May 1,  on a question 
whether a Member having said yea may afterwards sit and change his 
opinion, a precedent was remembered by the Speaker, of Mr. Morris, 
attorney of the wards, in 39 Eliz., who in like case changed his 
opinion. Mem. in Hakew., 27.





  The House of Representatives is governed in this respect by the 
practice under clause 1 of rule XV.