[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
[104th Congress]
[House Document 103-342]
[Rules of the House of Representatives]
[Pages 350-353]
[From the U.S. Government Publishing Office, www.gpo.gov]



 

                               Rule VIII.


                         DUTIES OF THE MEMBERS.


[[Page 351]]
on each question put, unless he has a direct <> personal or pecuniary interest in the event of such 
question.



Sec. 656. Members required to be present and vote.

  1.  Every 
Member shall be present within the Hall of the House during its 
sittings, unless excused or necessarily prevented; and shall vote 


  This clause was adopted in 1789, with amendment in 1890 (V, 5941).

  Leaves of absence are presented pending the motion to adjourn (IV, 
3151), and are usually granted by general consent, but sometimes are 
opposed or even refused (II, 1142-1145). Application for leave of 
absence is properly presented by filing with the Clerk the printed form 
to be secured at the desk rather than by oral request from the floor 
(VI, 199). Whether or not they are privileged is a matter of doubt (II, 
1146, 1147). Excuses for absence, as distinguished from leaves of 
absence, may be granted by less than a quorum (IV, 3000-3002). The 
statutes provide that deductions may be made from the salaries of 
Members who are absent without sufficient excuse (II, 1149, 1150); and 
while this law has been enforced (IV, 3011, footnote; VI, 30, 198), its 
general application is not practical under modern conditions. Form of 
resolution for the arrest of Members absent without leave (VI, 686).



Sec. 658. Member's control of his own vote.

  It  has been 
found impracticable to enforce the provision requiring every Member to 
vote (V, 5942-5948), and such question even if entertained, may not 
interrupt a pending rollcall vote (V, 5947); and the weight of authority 
also favors the idea that there is no authority in the House to deprive 
a Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII, 
3072). In one or two early instances the Speaker has decided that 
because of personal interest, a Member should not vote (V, 5955, 5958); 
but on all other occasions and in the later practice the Speaker has 
held that the Member himself and not the Chair should determine this 
question (V, 5950, 5951; VIII, 3071; Speaker Albert, Dec. 2, 1975, p. 
38135; Speaker O'Neill, Mar. 1, 1979, p. 3748), and the Speaker has 
denied his own power to deprive a Member of the constitutional right to 
vote (V, 5956; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill, 
Mar. 1, 1979, p. 3748). Members may not vote in the House by proxy (VII, 
1014). Instance where a Member submitted his resignation from a 
committee on grounds of disqualifying personal interest (VIII, 3074).


  The House has frequently excused Members from voting in cases of 
personal interest (III, 2294; V, 5962; Aug. 2, 1949, pp. 10591, 10592; 
Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p. 
11930; July 12, 1956, p. 12566).


[[Page 352]]
of several Members to their seats, each refrained from voting in his 
own case, but did vote on the identical cases of his associates (V, 
5957, 5958). And while a Member should not vote on the direct questions 
affecting himself, he has sometimes voted on incidental questions (V, 
5960, 5961).



Sec. 659. Nature of disqualifying personal interest.

  It  is a 
principle of ``immemorial observance'' that a Member should withdraw 
when a question concerning himself arises (V, 5949); but it has been 
held that the disqualifying interest must be such as affects the Member 
directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952; 
VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, pp. 6359-60; Speaker 
Albert, Dec. 2, 1975, p. 38135). In a case where question affected the 
titles 





Sec. 660a. Pairs.

  2.  Pairs shall be announced by the Clerk 
immediately before the announcement by the Chair of the result of the 
vote, by the House or Committee of the Whole from a written list 
furnished him, and signed by the Member making the statement to the 
Clerk, which list shall be published in the Record as a part of the 
proceedings, immediately following the names of those not voting. 
However, pairs shall be announced but once during the same legislative 
day.


  This clause was adopted in 1880, although the practice of pairing had 
then existed in the House for many years (V, 5981). The language of the 
clause was slightly altered by amendment in 1972 to reflect the 
installation of electronic voting in the 93d Congress (H. Res. 1123, 
Oct. 13, 1972, pp. 36005-12). This clause was amended in the 94th 
Congress (H. Res. 5, Jan. 14, 1975, p. 20) to permit pairs to be 
announced in the Committee of the Whole.



[[Page 353]]

  Pairs may not be announced at a time other than that prescribed by the 
rule (V, 6046), and the voting intentions of an absent Member may not 
otherwise be announced by a colleague (VIII, 3151). Prior to the 94th 
Congress pairs were not permitted in Committee of the Whole (V, 5984; 
Speaker Albert, Jan. 15, 1973, p. 1054). The House does not consider 
questions arising out of the breaking of a pair (V, 5982, 5983, 6095; 
VIII, 3082, 3085, 3087-3089, 3093), or permit a Member to vote after the 
call on the plea that he had refrained because of misunderstanding as to 
a pair (V, 6080, 6081). Discussion of the origin of the practice of 
pairing in the House and Senate (VIII, 3076). On questions requiring a 
two-thirds majority Members are paired two in the affirmative against 
one in the negative (VIII, 3088; Nov. 15, 1983, p. 32685). For Speaker 
Clark's interpretation of the rule and practice of the House of 
Representatives as to pairs, see VIII, 3089.



Sec. 660b. Voting.

  3.  (a) A Member may not authorize any 
other individual to cast his vote or record his presence in the House or 
Committee of the Whole.


  (b) No individual other than a Member may cast a vote or record a 
Member's presence in the House or Committee of the Whole.


  (c) A Member may not cast a vote for any other Member or record 
another Member's presence in the House or Committee of the Whole.




  Clause 3 was added in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 
98-113). The Committee on Standards of Official Conduct recommended this 
addition to the rules in its May 15, 1980, report (H. Rept. 96-991) on 
voting anomalies which had occurred in the House. Even prior to the 
addition of this clause, however, ``ghost voting'' was considered 
unethical (VII, 1014; Dec. 18, 1987, p. 36274).