    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Jeffersons Manual of ParliamentaryPractice]
    [Pages 255-260]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 255]]

                         sec. xli--division of the house

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

      This practice is provided for in different language by clause 6 of
    rule I.

    [[Page 256]]

    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.

    <>
    A mistake in the report of the tellers may be rectified after the report
    made. 2 Hats., 145, note.
    * * * * *
      The House 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 but not recorded by name. 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.

    [[Page 257]]

    equal division the Secretary calls on the Vice-President and notes his
    affirmative or negative, which becomes the decision of the House.

    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

      In the House 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 XX of the House provides the method for taking the yeas and
    nays in the modern practice; but under clause 2 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.

    [[Page 258]]

    speaking a few words, occasion a repetition of a question, it would be
    useless to deny it on his simple call for it.

      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

      Clause 1 of rule III 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 5 and 6 of rule XX.

    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 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 5 of rule
    XVII) and always rise to speak; respectfully addressing their remarks to
    ``Mr. Speaker'' (clause 1 of rule XVII).

    [[Page 259]]

    presuamtur pro negante; that is, the former law is not to be changed but
    by a majority. Towns., col. 134.

    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

      The House provides also by rule (clause 1 of rule XX) that in the case
    of a tie vote the question shall be lost.-

    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 XV), on a motion to dispense with Calendar Wednesday
    (clause 7 of rule XV), on a motion to dispense with the call of the
    Private Calendar on the first Tuesday of each month (clause 5 of rule
    XV), and to consider a special rule immediately (clause 6 of rule XIII),
    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 joint resolutions proposing amendments to the
    Constitution.-

    Sec. 509a. Threefifths votes.

      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(b) of rule XXI) or
    for passage of a bill called from the Corrections Calendar (clause 6 of
    rule XV).

    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, p. 37199).

    [[Page 260]]

    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.

    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

      The House is governed in this respect by the practice under clause 2
    of rule XX.