    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
    [105th Congress]
    [House Document 104-272]
    [Rules of the House of Representatives]
    [Pages 571-587]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 571]]

                                    Rule XV.

                         on calls of the roll and house.

    Sec. 765. Call of the roll for the yeaandnay
    vote.

      1.  Subject to clause 5 of this rule, upon every roll call the names
    of the Members shall be called alphabetically by surname, except when
    two or more have the same surname, in which case the name of the State
    shall be added; and if there be two such Members from the same State,
    the whole name shall be called, and after the roll has been once called,
    the Clerk shall call in their alphabetical order the names of those not
    voting. Members appearing after the second call, but before the result
    is announced, may vote or announce a pair.

      The first form of this clause was adopted in 1789, and amendments were
    added in 1870, 1880, 1890 (V, 6046), 1969 (H. Res. 7, 91st Cong., Jan.
    3, 1969, p. 35), and 1972 (H. Res. 1123, 92d Cong., Oct. 13, 1972, pp.
    36005-012). The final amendment, which became effective immediately
    prior to noon on January 3, 1973, introduced the concept and use of the
    electronic voting system into the provisions of rule XV.

      The names of Members who have not been sworn are not entered on the
    roll from which the yeas and nays are called for entry on the Journal
    (V, 6048; VI, 638; VIII, 3122).

    [[Page 572]]

      Commencing in 1879 the Clerk, in calling the roll, called Members by
    the surnames with the prefix ``Mr.'' instead of calling the full names
    (V, 6047), but since the 62d Congress the practice has been discontinued
    in the interest of brevity (VIII, 3121). The Speaker's name is not on
    the voting roll and is not ordinarily called (V, 5970). When he votes
    his name is called at the close of the roll (V, 5965). In case of a tie
    which is revealed by a correction of the roll, he has voted after
    intervening business or even on another day (V, 5969, 6061-6063; VIII,
    3075). Where the Speaker through an error of the Clerk in reporting the
    yeas and nays announces a result different from that actually had, the
    status of the question is governed by the vote as recorded and
    subsequent announcement by the Speaker of the changed result is
    authoritative, or he may entertain a motion for correction of the
    Journal in accordance with the vote as finally ascertained (VIII, 3162).

      Under this rule, as under clause 4 of rule XV, the roll is called
    twice, and those Members appearing after their names are called but
    before the announcement of the result may vote or announce a pair. Under
    the former practice, prior to the amendment adopted on January 3, 1969,
    a Member who had failed to respond on either the first or second call of
    the roll could not be recorded before the announcement of the result (V,
    6066-6070; VIII, 3134-3150) unless he ``qualified'' by declaring that he
    had been within the Hall, listening, when his name should have been
    called and failed to hear it (V, 6071-6072; VIII, 3144-3150), and then
    only on the theory that his name may have been inadvertently omitted by
    the Clerk (VIII, 3137). Under the former practice where the roll was
    called by the Clerk, either before announcement of the result (V, 6064)
    or after such announcement (VIII, 3125), the Speaker could order the
    vote recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change
    his vote on recapitulation if the result has been announced (VIII,
    3124), but errors in the record of such votes may be corrected (VIII,
    3125). A motion that a vote be recapitulated is not privileged (VIII,
    3126). The Speaker has declined to order a recapitulation of a vote
    taken by electronic device (Speaker Albert, July 30, 1975, p. 25841).

    Sec. 765a. Bell system.

      The  legislative call system was
    designed to alert Members to certain occurrences on the floor of the
    House. The Speaker has directed that the bells and lights comprising the
    system be utilized as follows (Jan. 23, 1979, pp. 701-02):

      Tellers--one ring and one light on left. Since teller votes were
    discontinued at the beginning of the 103d Congress, this signal is no
    longer utilized.

      Recorded vote, yeas and nays, or automatic rollcall vote taken either
    by electronic system or by use of tellers with ballot cards--two bells
    and two lights on left indicate a vote in House or in Committee of the
    Whole by which Members are recorded by name. Bells are repeated five
    minutes after the first ring. When by unanimous consent waiving the
    five-minute minimum set by clause 5(b)(3) of rule I the House authorized
    the Speaker to put remaining postponed questions to two-minute
    electronic votes, two bells were rung (Oct. 4, 1988, pp. 28126, 28148).

      Recorded vote, yeas and nays, or automatic rollcall electronic vote on
    recommittal to be immediately followed by possible five-minute vote on
    final passage (clause 5 of rule XV)--two bells rung at beginning of
    motion to recommit, followed by five bells, indicate that Chair will
    order five-minute votes if recorded vote, yeas and nays, or automatic
    vote is ordered immediately thereafter on final passage or adoption. Two
    bells repeated five minutes after first ring.

    [[Page 573]]

    nays, or automatic vote is ordered on additional amendments on which
    separate votes have been demanded. Two bells repeated five minutes after
    first ring. Five bells on each subsequent amendment if roll call
    ordered.
      Recorded vote, yeas and nays, or automatic rollcall electronic vote on
    the first of several amendments reported to the House from the Committee
    of the Whole (clause 5 of rule XV)--two bells rung at beginning of first
    amendment on which separate vote is demanded, followed by five bells,
    indicate that Chair will order five-minute vote if recorded vote, yeas and

      Recorded vote, yeas and nays, or automatic roll call by call of the
    roll--two bells, followed by a brief pause, then two bells indicate such
    a vote taken under the provisions of clause 1 of rule XV by a call of
    the roll in the House. The bells are repeated when the Clerk reaches the
    ``R's'' in the first call of the roll.

      Regular quorum call--three bells and three lights on left indicate a
    quorum call either in the House or in Committee of the Whole by
    electronic system or by clerks. The bells are repeated five minutes
    after the first ring. Where quorum call is by call of the roll, three
    bells followed by a brief pause, then three more bells, with the process
    repeated when the Clerk reaches the ``R's'' in the first call of the
    roll, are utilized.

      Regular quorum call in Committee of the Whole, which will possibly be
    immediately followed by five-minute electronic recorded vote (clause 2
    of rule XXIII)--three bells rung at beginning of quorum call, followed
    by five bells, indicate that Chair will order five-minute vote if
    recorded vote is ordered on pending question. Three bells repeated five
    minutes after first ring.

      Notice or short quorum call in Committee of the Whole--one long bell
    followed by three regular bells, and three lights on left, indicate that
    the Chair has exercised his discretion under clause 2 of rule XXIII and
    will vacate proceedings when a quorum of the Committee appears. Bells
    are repeated every five minutes unless (a) the call is vacated by
    ringing of one long bell and extinguishing of three lights, or (b) the
    call is converted into a regular quorum call and three regular bells are
    rung.

      Adjournment--four bells and four lights on left.

      Any five-minute vote--five bells and five lights on left.

      Postponed votes on (a) motions to suspend the rules; (b) final votes
    on bills, resolutions, or conference reports; or (c) previous question
    on questions that are, themselves, susceptible of postponement (clause
    5(b) of rule I)--two bells, followed by five bells, indicate start of
    15-minute vote on first postponed question in each such series. Two
    bells repeated five minutes after first ring. Five bells on all
    subsequent five-minute votes in each series on which Speaker has reduced
    vote time.

      Recess of the House--six bells and six lights on left.

      Civil Defense Warning--twelve bells, sounded at two-second intervals,
    with six lights illuminated.

      The light on the far right--seven--indicates that the House is in
    session.

    [[Page 574]]

      Failure of the signal bells to announce a vote does not warrant
    repetition of the roll call (VIII, 3153-3155, 3157) nor does such a
    failure permit a Member to be recorded following the conclusion of the
    call (June 9, 1938, p. 8662).

    Sec. 766. Changes and corrections of votes.

      Before  the
    result of a vote has been finally and conclusively pronounced by the
    Chair, but not thereafter, a Member may change his vote (V, 5931-5933,
    6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered
    ``present'' may change it to ``yea'' or ``nay'' (V, 6060). But a vote
    given by a Member may not be withdrawn without leave of the House (V,
    5930).

      When a vote actually given fails to be recorded during a call of the
    roll (V, 6061-6063) the Member may, before the approval of the Journal,
    demand as a matter of right that correction be made (V, 5969; VIII,
    3143). But statements of other Members as to alleged errors in a
    recorded vote must be very definite and positive to justify the Speaker
    in ordering a change of the roll (V, 6064, 6099). The Speaker declines
    to entertain requests to correct the Journal and Record on votes taken
    by electronic device, based upon the technical accuracy of the
    electronic system if properly utilized and upon the responsibility of
    each Member to correctly cast and verify his vote (Apr. 18, 1973, p.
    13081; May 10, 1973, p. 15282). By unanimous consent the House may
    vacate proceedings on a recorded vote conducted in the Committee of the
    Whole and require a vote de novo where it is alleged that Members were
    improperly prevented from being recorded (June 22, 1995, p. ----).

    Sec. 767. Interruptions of the roll call.

      When  once begun
    the roll call may not be interrupted even by a motion to adjourn (V,
    6053; VIII, 3133), a parliamentary inquiry (VIII, 3132), a question of
    personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the
    time fixed for another order of business (V, 6056) or for a recess (V,
    6054, 6055; VIII, 3133), or the presentation of a conference report (V,
    6443). But it is interrupted for the reception of messages and by the
    arrival of the hour fixed for adjournment sine die (V, 6715-6718).
    Incidental questions arising during the roll call, such as the refusal
    of a Member to vote (V, 5946-5948), are considered after the completion
    of the call and the announcement of the vote (V, 5947). The rules do not
    preclude a Member from announcing after a recorded vote on which he
    failed to answer, how he would have voted if present (Speaker Rayburn,
    June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor
    the practice permit a Member to announce after a recorded vote how
    absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p.
    1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp.
    4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).

    [[Page 575]]

    subject to clause 6(e)(2) of this rule, be sent for and
    arrested, wherever they may be found, by officers to be appointed by the
    Sergeant-at-Arms for that purpose, and their attendance secured and
    retained; and the House shall determine upon what condition they shall
    be discharged. Members who voluntarily appear shall, unless the House
    otherwise direct, be immediately admitted to the Hall of the House, and
    they shall report their names to the Clerk to be entered upon the
    Journal as present.

    Sec. 768. The call of the House.

      2.  (a) In the absence of a
    quorum, fifteen Members, including the Speaker, if there is one, shall
    be authorized to compel the attendance of absent members; and those for
    whom no sufficient excuse is made may, by order of a majority of those
    present,

      The essential portions of paragraph (a) of this clause were adopted in
    1789 and 1795, with minor amendments in 1888, 1890 (IV, 2982) and 1971
    (H. Res. 5, 92d Cong., Jan. 22, 1971, p. 144). Later in the 92d Congress
    several provisions in rule XV, including this clause, were amended to
    reflect the implementation of the electronic voting system (H. Res.
    1123, Oct. 13, 1972, pp. 36005-012). The provisions of clause 2(a)
    relating to the calling of the roll by the Clerk were deleted. Calls of
    the House are now taken by the electronic device unless the Speaker, in
    his discretion (see clause 5) orders the use of the alternative
    procedure in clause 2(b). Together with clause 6(e)(2) of this rule,
    this paragraph was further amended in the 96th Congress (H. Res. 5, Jan.
    15, 1979, pp. 7-16) to conform to the requirement in that provision that
    further proceedings under the call shall be dispensed with unless the
    Speaker in his discretion recognizes for a call of the House or a motion
    to compel attendance under this paragraph. This clause must be read in
    light of clause 6(e) of this rule, which prohibits the point of order
    that a quorum is not present unless the Speaker has put a question to a
    vote.

    Sec. 769. Ordering and conducting the call.

      Under  this rule
    a call may not be ordered by less than 15, and with out that number
    present the motion for a call is not entertained (IV, 2983). It must be
    ordered by majority vote, and a minority of 15 or more favoring a call
    on such vote is not sufficient (IV, 2984). A quorum not being present no
    motion is in order but for a call of the House or to adjourn (IV, 2950,
    2988; VI, 680), and at this stage the motion to adjourn has precedence
    over the motion for a call of the House (VIII, 2642).

    [[Page 576]]

    manded (IV, 2933). But during proceedings under the call the
    roll may be ordered to be called again by those present (IV, 2991).
      While the following precedents predate the use of the electronic
    voting and recording system, they are retained in the Manual because of
    their general applicability with respect to calls of the House. A roll
    call under paragraph (a) may not be interrupted by a motion to dispense
    with further proceedings under the call (IV, 2992), and a recapitulation
    of the names of those who appear after their names have been called may
    not be de-

      During a call less than a quorum may revoke leaves of absence (IV,
    3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but
    may not grant leaves of absence (IV, 3002). The roll is sometimes called
    for excuses, and motions to excuse are in order during this call (IV,
    2997), but neither the motion to excuse nor an incidental appeal are
    debatable (IV, 2999). After the roll has been called for excuses, and
    the House has ordered the arrest of those who are unexcused, a motion to
    excuse an absentee is in order when he is brought to the bar (IV, 3012).

    Sec. 770. Arrest of Members.

      An  order of arrest for absent
    Members may be made after a single-calling of the roll (IV, 3015, 3016),
    and a warrant issues on direction of those present, such motion having
    precedence of a motion to dispense with proceedings under the call (IV,
    3036). The Sergeant-at-Arms is required to arrest Members wherever they
    may be found (IV, 3017), and leave for a committee to sit during
    sessions does not release its Members from liability to arrest (IV,
    3020). A motion to require the Sergeant-at-Arms to report progress in
    securing a quorum is in order during a call of the House (VI, 687). A
    Member who appears and answers is not subject to arrest (IV, 3019), and
    in a case where a Member complained of wrongful arrest the House ordered
    the Sergeant-at-Arms to investigate and amend the return of his warrant
    (IV, 3021). A Member once arrested having escaped it was held that he
    might not be brought back on the same warrant (IV, 3022). A privileged
    motion to compel the attendance of absent Members is in order after the
    Chair has announced that a quorum has not responded on a negative
    recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).

      The former practice of presenting Members at the bar during a call of
    the House (IV, 3030-3035) is obsolete, and Members now report to the
    Clerk and are recorded without being formally excused unless brought in
    under compulsion (VI, 684). Those present on a call may prescribe a fine
    as a condition of discharge, and the House has by resolution revoked all
    leaves of absence and directed the Sergeant-at-Arms to deduct from the
    salary of Members compensation for days absent without leave (VI, 30,
    198), but this penalty has been of rare occurrence (IV, 3013, 3014,
    3025). Form of resolution for the arrest of Members absent without leave
    (VI, 686). Having rejected a motion to adjourn, less than a quorum of
    the House rejected a motion directing the Sergeant-at-Arms to arrest
    absent Members, rejected a second motion to adjourn, and then adopted a
    motion authorizing the Speaker to compel the attendance of absent
    members (Nov. 2, 1987, p. 30387).

    [[Page 577]]

    able nor subject to amendment, thus the motion to lay it on
    the table is not in order (Aug. 27, 1962, p. 17653; Dec. 18, 1970, pp.
    42504-05).
      The motion to dispense with further proceedings under the call of the
    House is not in order when a motion to arrest absent Members is pending
    (IV, 3029, 3037); is not entertained until a quorum responds on the
    call, but may be agreed to by less than a quorum thereafter (IV, 3038,
    3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); is
    neither debat-

    Sec. 771a. Motions during a call.

      During  the call, which in
    later practice has been invoked only in absence of a quorum, incidental
    motions may be agreed to by less than a quorum (IV, 2994, 3029; VI,
    681), and under clause 6(a)(4) of rule XV a point of order of no quorum
    may not be made during the offering, consideration, and disposition of
    any motion incidental to a call of the House. This includes motions for
    the previous question (V, 5458), to reconsider and to lay the motion to
    reconsider on the table (V, 5607, 5608), to adjourn, which is in order
    even in the midst of the call of the roll for excuses (IV, 2998) or
    while the House is dividing on a motion for a call of the House (VIII,
    2644), and which takes precedence over a motion to dispense with further
    proceedings under the call (VIII, 2643), and an appeal from a decision
    of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays may also be
    ordered (IV, 3010), but a question of privilege may not be raised unless
    it be something connected immediately with the proceedings (III, 2545).
    Motions not strictly incidental to the call are not admitted, as for a
    recess (IV, 2995, 2996), to excuse a Member from voting even when
    otherwise in order (IV, 3007), to enforce the statute relating to
    deductions of pay of Members for absence (IV, 3011; VI, 682), to
    construe a rule or make a new rule (IV, 3008), or to order a change of a
    Journal record (IV, 3009). A motion for a call of the House is not
    debatable (VI, 683, 688). The motion to compel the attendance of absent
    Members, being neither debatable nor amendable, is not subject to a
    motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389).

    Sec. 771b. Quorum call by clerks.

      (b)  Subject to clause 5 of
    this rule, when a call of the House in the absence of a quorum is
    ordered, the Speaker shall name one or more clerks to tell the Members
    who are present. The names of those present shall be recorded by such
    clerks, and shall be entered in the Journal and the absentees noted, but
    the doors shall not be closed except when so ordered by the Speaker.
    Members shall have not less than fifteen minutes from the ordering of a
    call of the House to have their presence recorded.

    [[Page 578]]

    procedure in lieu of using the electronic system, or the Chair may, in
    his discretion, direct that a quorum call be taken by an alphabetical
    call of the roll (Mar. 7, 1973, p. 6699). The Chairman of the Committee
    of the Whole also may direct that a quorum call be conducted by
    depositing quorum tally cards with clerk tellers, rather than by
    electronic device or a call of the roll (July 13, 1983, p. 18858).
      This paragraph was adopted as part of the general revision of rule XV
    which was required by the implementation of the electronic voting system
    (H. Res. 1123, 92d Cong., Oct. 13, 1972, p. 36012). The Speaker, in his
    discretion, may direct that the presence of Members be recorded by this

      Exercising his authority under this paragraph, the Speaker ordered the
    doors to the Chamber closed and locked during a call of the House and
    instructed the Doorkeeper to enforce the rule and let no Members leave
    the Hall (Deschler's Precedents, vol. 5, ch. 20, sec. 6.3). Clause 2(b)
    does not give the Speaker the authority to lock the doors during a
    recorded vote (June 11, 1997, p. ----).

    Sec. 772. Count of those not voting to make a quorum of
    record on a roll call.

      3.  On the demand of any Member, or at the
    suggestion of the Speaker, the names of Members sufficient to make a
    quorum in the Hall of the House who do not vote shall be noted by the
    Clerk and recorded in the Journal, and reported to the Speaker with the
    names of the Members voting, and be counted and announced in determining
    the presence of a quorum to do business.

      This clause was adopted in 1890 (IV, 2905), but it merely formalized a
    principle already established by a decision of the Chair (IV, 2895). It
    was much in use in the first years after its adoption (III, 2620; IV,
    2905-2907); but with the decline of obstruction in the House and the
    adoption of clause 4 of this rule the necessity for its use has
    disappeared to a large extent. The Speaker may direct the Clerk to note
    names of Members under this rule even on a vote for which a quorum is
    not necessary (VIII, 3152).

    [[Page 579]]

    sidered as ordered. The Clerk shall call the roll,
    and each Member as he answers to his name may vote on the pending
    question, and, after the roll call is completed, each Member arrested
    shall be brought by the Sergeant-at-Arms before the House, whereupon he
    shall be noted as present, discharged from arrest, and given an
    opportunity to vote and his vote shall be recorded. If those voting on
    the question and those who are present and decline to vote shall
    together make a majority of the House, the Speaker shall declare that a
    quorum is constituted, and the pending question shall be decided as the
    majority of those voting shall appear. And thereupon further proceedings
    under the call shall be considered as dispensed with. At any time after
    the roll call has been completed, the Speaker may entertain a motion to
    adjourn, if seconded by a majority of those present, to be ascertained
    by actual count by the Speaker; and if the House adjourns, all
    proceedings under this section shall be vacated.

    Sec. 773. The call of the House in the new form.

      4.  Subject
    to clause 5 of this rule, whenever a quorum fails to vote on any
    question, and a quorum is not present and objection is made for that
    cause, unless the House shall adjourn there shall be a call of the
    House, and the Sergeant-at-Arms shall forthwith proceed to bring in
    absent Members, and the yeas and nays on the pending question shall at
    the same time be con-

      This clause was adopted in 1896 (IV, 3041; VI, 690); and amended in
    1972 to make its provisions subject to clause 5 of this rule (H. Res.
    1123, 92d Cong., p. 36012). Where objection is raised to a vote in the
    House on the ground that a quorum is not present, and a quorum is in
    fact not present, the Speaker may direct that the call of the House be
    taken by electronic device under clause 5, or may, in his discretion,
    direct the Clerk to call the roll pursuant to this clause (May 16, 1973,
    p. 15860).

    [[Page 580]]

    Where less than a quorum rejects a motion to adjourn,
    the House may not consider business but may dispose of motions to compel
    the attendance of absent Members (Nov. 2, 1987, p. 30387).
      It applies only to votes wherein a quorum is required, and hence does
    not apply to an affirmative vote on a motion to adjourn (July 25, 1949,
    p. 10092; Nov. 4, 1983, p. 30946), or motions incidental to a call of
    the House which may be agreed to by less than a quorum (IV, 2994, 3029;
    VI, 681), or to a call when there is no question pending (IV, 2990).
    While a quorum is not required to adjourn, a point of no quorum on a
    negative vote on adjournment, if sustained, precipitates a call of the
    House under the rule (VI, 700; June 4, 1951, pp. 6097, 6098; June 15,
    1951, p. 6621).

      When a Member objects to a vote on the ground that a quorum is not
    present and makes the point of order under this clause, the Speaker may
    count the House and determine the presence of a quorum, and is not
    required to announce his actual count under the first sentence of this
    clause (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the
    presence of a quorum by actual count following an objection to a vote
    under this clause, or on a rejected demand for the yeas and nays and a
    division vote is then had on the pending question, the division vote is
    intervening business (see VIII, 2804) permitting another objection to
    the lack of a quorum, and the Speaker must again count the House (Mar.
    17, 1976, p. 6792; Aug. 2, 1979, p. 22006). But where the announced
    absence of a quorum has resulted in a rollcall vote under this clause
    (on the Speaker's approval of the Journal), the House may not, even by
    unanimous consent, vacate the vote in order to conduct another voice
    vote in lieu of the rollcall vote, since no business, including a
    unanimous consent agreement, is in order in the announced absence of a
    quorum (July 13, 1983, p. 18844; Feb. 24, 1988, p. 2450). The House
    having authorized the Speaker to compel the attendance of absent
    Members, the Speaker announced that the Sergeant-at-Arms would proceed
    with necessary and efficacious steps, and that pending the establishment
    of a quorum no further business, including unanimous-consent requests
    for recess authority, could be entertained (Nov. 2, 1987, p. 30389).

    [[Page 581]]

    he will postpone further proceedings on motions to suspend the rules on
    that day if any votes are objected to under clause 4 of rule XV, and
    objection is then made to any such votes under that clause, further
    proceedings are automatically postponed and the question is put de novo
    when that vote recurs as unfinished business, when further proceedings
    are postponed, the point of order that a quorum is not present is
    considered as withdrawn, since no longer in order (a question not being
    pending after the Speaker's announcement of postponement). See clause
    6(e)(1) of rule XV, infra.

    Sec. 774a. Conduct of the call in the new form.

      Under  this
    clause the roll is called over twice, and those appearing after their
    names are called may vote (IV, 3052). A motion to adjourn may be made
    before the call begins (IV, 3050). After the roll has been called, and
    while the proceedings to obtain a quorum are going on, motions to excuse
    Members are in order (IV, 3051). The Sergeant-at-Arms is required to
    detain those who are present and bring in absentees (IV, 3045-3048), and
    he does this without the authority of a resolution adopted by those
    present (IV, 3049). There is doubt as to whether or not a warrant is
    necessary but it is customary for the Speaker to issue one on the
    authority of the rule (IV, 3043; VI, 702). When arrested, Members are
    arraigned at the bar, and either vote or are noted as present, after
    which they are discharged (IV, 3044). When a quorum fails to vote on a
    yea-and-nay vote on a motion which requires a quorum to be present, and
    a quorum is not present, the Chair takes notice of the fact, and unless
    the House adjourns, a call of the House is ordered by the Chair under
    this rule, and the vote is taken on the question de novo (IV, 3045,
    3052; VI, 679). An automatic roll call results under this rule when the
    objection that a quorum is not present and voting is made after a viva
    voice vote (VI, 697). An automatic roll call under this rule is not in
    order in Committee of the Whole (Aug. 2, 1966, p. 17844). Pursuant to
    clause 5(b) of rule I, where the Speaker has announced that

    Sec. 774b1. Use of electronic equipment in recording roll
    calls.

      5.  (a) Unless, in his discretion, the Speaker orders the calling
    of the names of Members in the manner provided for under the preceding
    provisions of this rule, upon any roll call or quorum call the names of
    such Members voting or present shall be recorded by electronic device.
    In any such case, the Clerk shall enter in the Journal and publish in
    the Congressional Record, in alphabetical order in each category, a list
    of names of those Members recorded as voting in the affirmative, of
    those Members recorded as voting in the negative, and of those Members
    answering present, as the case may be, as if their names had been called
    in the manner provided for under such preceding provisions. Members
    shall have not less than fifteen minutes from the ordering of the roll
    call or quorum call to have their vote or presence recorded.

      The permissive use of an electronic voting system was incorporated in
    the Legislative Reorganization Act of 1970 (sec. 121; 84 Stat. 1140) and
    was made a part of the standing rules in the 92d Congress (H. Res. 5,
    Jan. 22, 1971, p. 144). The electronic system was first utilized in the
    House on January 23, 1973 (p. 1793). The clause in its essential form
    was adopted the next year (H. Res. 1123, Oct. 13, 1972, p. 36012).

    [[Page 582]]

    the roll, where voting stations are inoperative (Speaker
    O'Neill, Sept. 19, 1985, p. 24245).
      The Speaker has the discretion to continue to use the electronic
    system, even though the electronic display panels are temporarily
    inoperative, where the voting stations continue in operation and Members
    are able to verify their votes, or to use a backup voting procedure,
    such as calling

      The Speaker inserted in the Record a detailed statement describing
    procedures to be followed during votes and quorum calls by electronic
    device and by the back-up procedures therefor (Jan. 15, 1973, pp. 1054-
    57). The Speaker may direct that a call of the House be conducted by an
    alphabetical call of the roll by the Clerk where, in his discretion, he
    does not utilize the electronic voting device (Mar. 7, 1973, p. 6699),
    and pursuant to clauses 4 and 5 of rule XV 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 (May 16, 1973, p. 15850). The
    Speaker declines to entertain unanimous-consent requests to correct the
    Journal and Record on votes taken by electronic device (Apr. 18, 1973,
    p. 13081; May 10, 1973, p. 15282; June 17, 1986, p. 14038), but the
    Speaker may announce a change in the result of a vote taken by
    electronic device where required to correct an error in identifying a
    signature on a voting card submitted in the well (June 11, 1981).

    [[Page 583]]

    voting stations are closed but before the Speaker's
    announcement of the result, a Member may cast an initial vote or change
    a vote by ballot card in the well (Speaker Albert, Sept. 23, 1975, p.
    29850; Speaker Wright, Oct. 29, 1987, p. 30239). In 1975, Speaker Albert
    announced that changes could no longer be made at the electronic
    stations but would have to be made by ballot card in the well (Speaker
    Albert, Sept. 17, 1975, p. 28903). In 1976, Speaker Albert announced
    that changes could be made electronically during the first 10 minutes of
    a 15-minute voting period, but changes during the last 5 minutes would
    have to be made by ballot card in the well (Speaker Albert, Mar. 22,
    1976, p. 7394). In 1977, Speaker O'Neill announced that changes could be
    made electronically at any time during a vote reduced to five minutes
    under the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

      On a call of the House conducted by electronic device, Members are
    permitted a minimum of 15 minutes to respond, but it is within the
    discretion of the Chair, following the expiration of 15 minutes, to
    allow additional time for Members to record their presence before
    announcing the result (June 6, 1973, p. 18403), and since this clause is
    incorporated by reference into clause 2 of rule XXIII, the Chairman of
    the Committee of the Whole need not convert to a regular quorum call
    precisely at the expiration of 15 minutes if 100 Members have not
    appeared on a notice quorum call, but he may continue to exercise his
    discretion under clause 2 of rule XXIII at any time during the conduct
    of the call (July 17, 1974, p. 23673). Since the Chair has the
    discretion to close the vote and to announce the result at any time
    after 15 minutes have elapsed, those precedents guaranteeing Members in
    the Chamber the right to have their votes recorded even if the Chair has
    announced the result (i.e., V, 6064, 6065; VIII, 2143), which predate
    the use of an electronic voting system, do not require the Chair to hold
    open indefinitely a vote taken by electronic device (Speaker pro tempore
    Meeds, Mar. 14, 1978, pp. 6838-39), and in the 103d Congress the Speaker
    inserted in the Record his announcement that, in order to expedite the
    conduct of votes by electronic device, the Cloakrooms were directed not
    to forward to the Chair individual requests to hold a vote open (Speaker
    Foley, Jan. 6, 1993, p. ----). In the 104th Congress the Speaker
    announced that each occupant of the Chair would have his full support in
    striving to close each electronic vote at the earliest opportunity and
    that Members should not rely on signals relayed from outside the Chamber
    to assume that votes will be held open until they arrive (Speaker
    Gingrich, Jan. 4, 1995, p. ----); however, the Chair will not close a
    vote while a Member is in the well attempting to vote (Feb. 10, 1995, p.
    ----; June 22, 1995, p. ----). At the end of a 15-minute vote, after the
    electronic

    Sec. 774b2. ``15and5'' voting.

        (b)  The Speaker may, in
    his discretion, reduce to not less than five minutes the time within
    which a rollcall vote by electronic device may be taken--

          (1) after a rollcall vote has been ordered on a motion for the
    previous question, on any underlying question that follows without
    intervening business;

          (2) after a rollcall vote has been ordered on an amendment
    reported from the Committee of the Whole House on the state of the
    Union, on any subsequent amendment to that bill or resolution reported
    from the Committee of the Whole; or

          (3) after a rollcall vote has been ordered on a motion to recommit
    a bill, resolution, or conference report thereon, on the question of
    passage or adoption, as the case may be, of such bill, resolution, or
    conference report thereon, if the question of passage or adoption
    follows without intervening business the vote on the motion to recommit.

    [[Page 584]]

    15, 1979, pp. 7-16) to permit the Speaker to reduce to five minutes
    the vote on final passage immediately following a 15-minute recorded
    vote on a motion to recommit. The authority now found in paragraph
    (b)(2) was first added as an undesignated penultimate sentence of clause
    5 in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72) to permit the
    Speaker to reduce to five minutes any rollcall votes on amendments
    reported to the House from Committee of the Whole after a 15-minute vote
    on the first of such amendments. When the authority found in paragraph
    (b)(1) was added in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. ----)
    to permit the Speaker to reduce to five minutes the vote on adoption of
    a special order of business resolution immediately following a 15-minute
    recorded vote on ordering the previous question thereon, clause 5 was
    organized into paragraphs (a) and (b). In the 104th Congress paragraph
    (b)(1) was broadened to cover any previous question situation (sec.
    223(e), H. Res. 6, Jan. 4, 1995, p. ----).
      The authority now found in paragraph (b)(3) was first added as an
    undesignated last sentence of clause 5 in the 96th Congress (H. Res. 5,
    Jan.

      Five-minute votes are now permitted at the discretion of the Chair in
    six circumstances: (1) under clause 5(b) of rule I, on additional
    questions on which the Speaker has postponed further proceedings
    immediately following a 15-minute vote on the first such postponed
    question; (2) under clause 5(b)(1) of rule XV, on an underlying question
    immediately following a 15-minute recorded vote on ordering the previous
    question thereon; (3) under clause 5(b)(2) of rule XV, on second and
    subsequent separate votes in the House on amendments reported from
    Committee of the Whole immediately following a 15-minute vote on the
    first such separate vote; (4) under clause 5(b)(3) of rule XV, on final
    passage immediately following a 15-minute recorded vote on recommittal;
    (5) under clause 2(a) of rule XXIII, on a pending question immediately
    following a regular quorum call in Committee of the Whole; and (6) under
    clause 2(c) of rule XXIII, on any or all pending amendments immediately
    following a 15-minute recorded vote on the first such pending amendment
    in Committee of the Whole. Clause 5(b) does not give the Chair the
    authority to reduce to five minutes the vote on a motion to recommit
    occurring immediately after a recorded vote on an amendment reported
    from the Committee of the Whole, and the Chair will not entertain a
    unanimous-consent request to reduce that vote to five minutes after
    Members had already left the Chamber with the expectation that the next
    vote would be a 15-minute vote (June 29, 1994, p. ----). A 15-minute
    vote on the question of tabling the motion to reconsider the vote on
    ordering the previous question is not such intervening business as to
    prevent the Chair from reducing to five minutes the vote on the
    underlying question (June 29, 1995, p. ----; July 24, 1997, p. ----).
    Similarly, an intervening vote on the question of tabling the motion to
    reconsider the vote on the motion to recommit does not prevent the Chair
    from reducing the vote on final passage (July 24, 1997, p. ----).

    [[Page 585]]

      In the 95th Congress, the Speaker announced that changes could be made
    electronically at any time during a vote reduced to five minutes under
    the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

      6. (a) It shall not be in order to make or entertain a point of order
    that a quorum is not present--

    Sec. 774c. Quorum; when not required.

           (1) before or
    during the offering of prayer;

          (2) during the administration of the oath of office to the Speaker
    or Speaker pro tempore or a Member, Delegate, or Resident Commissioner;

          (3) during the reception of any message from the President of the
    United States or the United States Senate; and

          (4) during the offering, consideration, and disposition of any
    motion incidental to a call of the House.

      (b) A quorum shall not be required in Committee of the Whole for
    agreement to a motion that the Committee rise.

      (c) After the presence of a quorum is once ascertained on any day on
    which the House is meeting, a point of order of no quorum may not be
    made or entertained--

          (1) during the reading of the Journal;

          (2) during the period after a Committee of the Whole has risen
    after completing its consideration of a bill or resolution and before
    the Chairman of the Committee has reported the bill or resolution back
    to the House; and

    [[Page 586]]

    with no measure or matter then under consideration for disposition by
    the House.
          (3) during any period of a legislative day when the Speaker is
    recognizing Members (including a Delegate or Resident Commissioner) to
    address the House under special orders,

      (d) When the presence of a quorum is ascertained, a further point of
    order that a quorum is not present may not thereafter be made or
    entertained until additional business intervenes. For purposes of this
    paragraph, the term ``business'' does not include any matter,
    proceeding, or period referred to in paragraph (a), (b), or (c) of this
    clause for which a quorum is not required or a point of order of no
    quorum may not be made or entertained.

      (e)(1) Except as provided by subparagraph (2), it shall not be in
    order to make or entertain a point of order that a quorum is not present
    unless the Speaker has put the pending motion or proposition to a vote.

    Sec. 774d. Speaker's discretion to recognize for motion
    for call of House.

      (2)  Notwithstanding subparagraph (1), it shall always
    be in order for a Member to move a call of the House when recognized for
    that purpose by the Speaker, and when a quorum has been established
    pursuant to a call of the House, further proceedings under the call
    shall be considered as dispensed with unless the Speaker, in his
    discretion, recognizes for a motion under clause 2(a) of this rule or
    for a motion to dispense with further proceedings under the call.

      Paragraphs (a) through (d) were added in the 93d Congress (H. Res.
    998, Apr. 9, 1974, pp. 10195-99) and paragraph (e) in the 95th Congress
    (H. Res. 5, Jan. 4, 1977, pp. 53-70).

    [[Page 587]]

    a request that a committee be permitted to sit under the
    five-minute rule, since the Chair has not put the question on a pending
    proposition to a vote (June 18, 1980, pp. 15316-17). But under clause
    6(e)(2) the Speaker may at any time in his discretion recognize a Member
    of his choice to move a call of the House (Speaker O'Neill, Jan. 19,
    1977, p. 1719; Jan. 31, 1977, p. 2640; Aug. 6, 1986, p. 19370), or may
    choose not to do so (Sept. 30, 1997, p. ----), even, for example, prior
    to the call of the Private Calendar, which under clause 6 of rule XXIV
    is in order after approval of the Journal and disposition of business on
    the Speaker's table (July 8, 1987, p. 18972). Clause 6(e)(2) was amended
    in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to dispense
    with further proceedings under any call of the House when a quorum
    appears unless the Speaker at his discretion recognizes for a motion.
      Under clause 6(e)(1), the Speaker may not entertain a point of order
    of no quorum when he has not put a question to a vote in the House
    (Speaker O'Neill, Jan. 11, 1977, p. 891; Jan. 31, 1977, p. 2640; Sept.
    30, 1997, p. ----). The Chair may not entertain a point of order of no
    quorum pending

      The Speaker's refusal to entertain a point of order of no quorum when
    a pending question has not been put to a vote is not subject to an
    appeal, since the clause contains an absolute and unambiguous
    prohibition against entertaining such a point of order (Sept. 16, 1977,
    pp. 29562-63). During debate on a measure in the House the Speaker will
    not respond to an inquiry as to the number of Members present in the
    Chamber, since a point of no quorum is not admissible unless he has put
    the pending question to a vote (Oct. 28, 1987, p. 29682).

      In adopting this rule, the House has presumably determined that the
    mere conduct of debate in the House, where the Chair has not put the
    pending motion or proposition to a vote, is not such business as
    requires a quorum under the Constitution (art. I, sec. 5, cl. 1), and
    neither a point of order of no quorum during debate only nor a point of
    order against the enforcement of this clause lies independently under
    the Constitution (Sept. 8, 1977, p. 28114; Sept. 12, 1977, pp. 28800-01;
    Feb. 27, 1986, p. 3060). See also clause 2 of rule XVII, providing that
    after the previous question is ordered a call of the House shall only be
    in order if the Speaker determines by actual count of the House that a
    quorum is not present.

    Sec. 774e. Yeas and nays ordered on certain
    questions.

      7.  The yeas and nays shall be considered as ordered when the
    Speaker puts the question on final passage or adoption of any bill,
    joint resolution, or conference report making general appropriations or
    increasing Federal income tax rates, or on final adoption of any
    concurrent resolution on the budget or conference report thereon.

      This clause was adopted in the 104th Congress (sec. 214, H. Res. 6,
    Jan. 4, 1995, p. ----).