    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 106th Congress]
    [106th Congress]
    [House Document 105-358]
    [Rules of the House of Representatives]
    [Pages 757-781]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                       Rule XX.--VOTING AND QUORUM CALLS

    Sec. 1012. Voting viva voce, by division, by electronic
    device.

      1. (a)  The House shall divide after the Speaker has put a question to
    a vote by voice as provided in clause 6 of rule I if the Speaker is in
    doubt or division is demanded. Those in favor of the question shall
    first rise from their seats to be counted, and then those opposed.

      (b) If a Member, Delegate, or Resident Commissioner requests a
    recorded vote, and that request is supported by at least one-fifth of a
    quorum, the vote shall be taken by electronic device unless the Speaker
    invokes another procedure for recording votes provided in this rule. A
    recorded vote taken in the House under this paragraph shall be
    considered a vote by the yeas and nays.

    [[Page 758]]

    vote'' and voting by means of electronic device installed in the Chamber
    in 1972, were contained in a House resolution on October 13, 1972, and
    were made effective by adoption of the rules of the 93d Congress (H.
    Res. 6, Jan. 3, 1973, p. 26). The general provision for demanding a vote
    by tellers was repealed in the 103d Congress (H. Res. 5, Jan. 5, 1993,
    p. 49). The provision providing that a recorded vote taken pursuant
    thereto shall be considered a vote by the yeas and nays was added in the
    105th Congress (H. Res. 5, Jan. 7, 1997, p. ----). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 5(a) of rule I (H. Res. 5, Jan. 6, 1999, p. ----).
      This provision (former clause 5(a) of rule I) was adopted in 1789 and
    its present form reflects the revisions and amendments of 1860, 1880
    (II, 1311), 1972 (H. Res. 1123, Oct. 13, 1972, pp. 36005-08), and 1993
    (H. Res. 5, Jan. 5, 1993, p. 49). From January 22, 1971 (when H. Res. 5
    of the 92d Congress was adopted incorporating provisions in the
    Legislative Reorganization Act of 1970, 84 Stat. 1140), until October
    13, 1972, this rule provided a two-step procedure for ordering ``tellers
    with clerks'' prior to installation of the electronic voting system, and
    for the first time permitted Members to be recorded on votes in
    Committee of the Whole. The last two sentences of this paragraph
    permitting a single-step ``recorded

      One of the suppositions on which parliamentary law is founded is that
    the Speaker will not betray his duty to make an honest count on a
    division (V, 6002) and the integrity of the Chair in counting a vote
    should not be questioned in the House (VIII, 3115; July 11, 1985, p.
    18550), and the Chair's count of Members demanding a recorded vote is
    not appealable (June 24, 1976, p. 20390). A vote by division takes no
    cognizance of Members present but not voting, and consequently the
    number of votes counted by division has no tendency to establish a lack
    of a quorum (June 29, 1988, p. 16504).

    [[Page 759]]

    is put de novo on the proposition as unfinished business (since a demand
    for a division may be made by any Member), whereas a demand for the yeas
    and nays if refused by the House may not be renewed (Mar. 18, 1980, p.
    5739). Ordinarily, however, only one demand for a vote by division on a
    pending question is in order (July 26, 1984, p. 21259; June 29, 1994, p.
    15206).
      In a full House (total membership of 435), a recorded vote is ordered
    by one-fifth of a quorum (44), but in Committee of the Whole a recorded
    vote is ordered by 25 (clause 6(e) of rule XVIII), rather than 20 in
    both cases as in prior practice (V, 5986; Dec. 20, 1974, p. 41793). The
    former right to demand tellers was not precluded by the fact that the
    yeas and nays had been refused (V, 5998; VIII, 3103), that a point of no
    quorum has been made against a division vote on the question on which
    tellers were requested (VIII, 3104, by a point of no quorum and a call
    of the House following a division vote on the question on which tellers
    were demanded (Sept. 25, 1969, p. 27041), or by the intervention of a
    quorum call following the refusal of the Committee of the Whole to order
    a recorded vote (Feb. 27, 1974, p. 4447). But only one request for a
    recorded vote on a pending question is in order (Jan. 21, 1976, p. 508),
    and a demand for a recorded vote cannot interrupt a vote by division
    which is in progress (June 10, 1975, p. 18048). While a request for a
    recorded vote once denied may not be renewed, the request remains
    pending where the Chair interrupts the count of Members standing in
    favor of the request in order to count for a quorum pursuant to a point
    of order that a quorum is not present (Aug. 5, 1982, pp. 19658, 19659).
    Recognition by the Chair for a parliamentary inquiry, or remarks uttered
    without recognition, immediately following the Chair's announcement of a
    voice vote on an amendment is not such intervening business as to
    prevent a demand for a recorded vote thereon where the Chair has not
    announced the final disposition of the amendment (May 23, 1984, p.
    13928; July 26, 1984, p. 21249; June 10, 1998, p. ----). Where a
    division vote is demanded on a proposition in the House and the vote
    thereon is then postponed pursuant to paragraph (b) of this clause a
    division may again be demanded when the question

      In Committee of the Whole, a request for a recorded vote on an
    amendment once denied may not be renewed even where the absence of a
    quorum is disclosed immediately following the refusal to order a
    recorded vote (June 6, 1979, p. 13648; Oct. 25, 1983, p. 29227). A
    record vote may be had in the House on a separate vote on an amendment
    adopted in the Committee of the Whole by a division vote after a
    recorded vote has been refused (May 13, 1998, p. ----).

    Sec. 1013. Former ordering of tellers and taking of the
    vote.

      Under  the precedents recorded before the abolition of tellers, it was
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side had declined, the second teller
    was appointed from the other side (V, 5988) or the position was left
    vacant (V, 5989). A Delegate could have been appointed teller (II,
    1302). Where there was doubt as to the count by tellers, the Chair could
    have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
    this must have been done before the result was announced (V, 5993-5995;
    VIII, 3098). The Chair could have counted without passing between the
    tellers (V, 5996, 5997; VIII, 3100, 3101).

      (c) In case of a tie vote, a question shall be lost.

      This provision was adopted in 1789. Before the House recodified its
    rules in the 106th Congress, it was found in former clause 6 of rule I
    (H. Res. 5, Jan. 6, 1999, p. ----).

                                                           Rule XX, clause 2
    Rule XX, clause 2

    [[Page 760]]

    clause 3. Except as otherwise permitted under clause 9 or 10 of this
    rule or under clause 6 of rule XVIII, the minimum time for a record vote
    or quorum call by electronic device shall be 15 minutes.

    Sec. 1014. Use of electronic equipment in recording
    roll calls.

      2. (a)  Unless the Speaker directs otherwise, the Clerk shall
    conduct a record vote or quorum call by electronic device. In such a
    case the Clerk shall enter on the Journal and publish in the
    Congressional Record, in alphabetical order in each category, the names
    of Members recorded as voting in the affirmative, the names of Members
    recorded as voting in the negative, and the names of Members answering
    present as if they had been called in the manner provided in

      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 (former clause 5(a) of rule XV) (H. Res. 1123,
    Oct. 13, 1972, p. 36012).

      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 roll, where voting stations are inoperative (Speaker
    O'Neill, Sept. 19, 1985, p. 24245).

      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 backup 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 this clause and clause 6 (former clause 4 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 761]]

    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 (Mar.
    14, 1978, p. 6838), 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. 106). In the 104th and 105th Congresses 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. 552; June 10, 1998, p. ----); however, the Chair will
    not close a vote while a Member is in the well attempting to vote (Feb.
    10, 1995, p. 4385; June 22, 1995, p. 16814). At the end of a 15-minute
    vote, after the electronic 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, or a vote, 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,
    or vote, before announcing the result (June 6, 1973, p. 18403; Oct. 9,
    1997, p. ----), and since this clause is incorporated by reference into
    (clause 6 of rule XVIII (former 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 that clause at any

      A request that the voting display be turned on during debate is not in
    order (Oct. 12, 1998, p. ----).

      (b) When the electronic voting system is inoperable or is not used,
    the Speaker or Chairman may direct the Clerk to conduct a record vote or
    quorum call as provided in clause 3 or 4.

      When the House recodified its rules in the 106th Congress, this
    provision was added as a cross reference to the backup procedures found
    in clauses 3 and 4(a) and to clarify the Chair's discretion to choose
    either backup procedure (H. Res. 5, Jan. 6, 1999, p. ----).

    [[Page 762]]

    --  3. <> The
    Speaker may direct the Clerk to conduct a record vote or quorum call by
    call of the roll. In such a case the Clerk shall call the names of
    Members, alphabetically by surname. When two or more have the same
    surname, the name of the State (and, if necessary to distinguish among
    Members from the same State, the given names of the Members) shall be
    added. After the roll has been called once, the Clerk shall call the
    names of those not recorded, alphabetically by surname. Members
    appearing after the second call, but before the result is announced, may
    vote or announce a pair.

                                                           Rule XX, clause 3
    Rule XX, clause 3

      The first form of this clause (former clause 1 of rule XV) 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 latter amendment, which
    became effective immediately prior to noon on January 3, 1973,
    introduced the concept and use of the electronic voting system. Before
    the House recodified its rules in the 106th Congress, this provision was
    found in former clause 1 of rule XV (H. Res. 5, Jan. 6, 1999, p. ----).

      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 763]]

      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 clause, as under clause 6, 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 live 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. 1016. 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, p. 701):

      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 record 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 9 (former 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 record electronic vote on
    recommittal to be immediately followed by possible five-minute vote on
    final passage--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 764]]

    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 record electronic vote on
    the first of several amendments reported to the House from the Committee
    of the Whole--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 nays, or
    automatic vote

      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 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--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 6 of rule XVIII 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--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.

      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).

    [[Page 765]]

    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).

    Sec. 1017. 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''

      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. 16815).

    Sec. 1018. 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).

                                                           Rule XX, clause 4
    Rule XX, clause 4

    [[Page 766]]

    shall be noted, but the doors may not be closed except when ordered by
    the Speaker. The minimum time for a record vote or quorum call by
    tellers shall be 15 minutes.

    Sec. 1019. Quorum call by clerks.

      4. (a)  The Speaker may
    direct a record vote or quorum call to be conducted by tellers. In such
    a case the tellers named by the Speaker shall record the names of the
    Members voting on each side of the question or record their presence, as
    the case may be, which the Clerk shall enter on the Journal and publish
    in the Congressional Record. Absentees

      This paragraph was adopted as part of the general revision of this
    rule (former rule XV) which was required by the implementation of the
    electronic voting system (H. Res. 1123, 92d Cong., Oct. 13, 1972, p.
    36012). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 2(b) of rule XV (H. Res. 5,
    Jan. 6, 1999, p. ----). The Speaker, in his discretion, may direct that
    the presence of Members be recorded by this 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).

      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). This clause
    does not give the Speaker the authority to lock the doors during a
    recorded vote (June 11, 1997, p. ----).

    Sec. 1020. Count of those not voting to make a quorum of
    record on a roll call.

      (b)  On the demand of a 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, entered
    on the Journal, 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.

    [[Page 767]]

    to note names of Members under this rule even on a vote for which a
    quorum is not necessary (VIII, 3152).

      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 6 (former clause 4 of rule XV) of this rule the
    necessity for its use has disappeared to a large extent. Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 3 of rule XV (H. Res. 5, Jan. 6, 1999, p. ----).
    The Speaker may direct the Clerk

                                                           Rule XX, clause 5
    Rule XX, clause 5

    Sec. 1021. The call of the House.

      5. (a)  In the absence of a
    quorum, a majority comprising at least 15 Members, which may include the
    Speaker, may compel the attendance of absent Members.

      (b) Subject to clause 7(b) a majority of those present may order the
    Sergeant-at-Arms to send officers appointed by him to arrest those
    Members for whom no sufficient excuse is made and shall secure and
    retain their attendance. The House shall determine on what condition
    they shall be discharged. Unless the House otherwise directs, the
    Members who voluntarily appear shall be admitted immediately to the Hall
    of the House and shall report their names to the Clerk to be entered on
    the Journal as present.

    [[Page 768]]

      The essential portions of this provision 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 of this rule, including this clause, were amended to reflect
    the implementation of the electronic voting system (H. Res. 1123, Oct.
    13, 1972, pp. 36005-12). The provisions 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 orders the use
    of the alternative procedure in clause 2(b). Together with clause 7
    (former clause 6(e)(2) of rule XV) this provision 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 7 (former clause
    6(e) of rule XV), which prohibits the point of order that a quorum is
    not present unless the Speaker has put a question to a vote. Before the
    House recodified its rules in the 106th Congress, this provision was
    found in former clause 2(a) of rule XV (H. Res. 5, Jan. 6, 1999, p. ----
    ).

    Sec. 1022. Ordering and conducting the call.

      Under  this rule
    a call may not be ordered by less than 15, and without 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).

      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 demanded (IV, 2933). But during proceedings under the call the
    roll may be ordered to be called again by those present (IV, 2991).

      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. 1023. 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 issued 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).

    [[Page 769]]

    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).
      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

      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 debatable 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, p.
    42504).

    Sec. 1024. 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 7 (former 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).

                                                           Rule XX, clause 6
    Rule XX, clause 6

    [[Page 770]]

    Sec. 1025. The call of the House in the new
    form.

      6. (a)  When a quorum fails to vote on a question, a quorum is not
    present, and objection is made for that cause (unless the House shall
    adjourn)--

          (1) there shall be a call of the House;

          (2) the Sergeant-at-Arms shall proceed forthwith to bring in
    absent Members; and

          (3) the yeas and nays on the pending question shall at the same
    time be considered as ordered.

      (b) The Clerk shall record Members by the yeas and nays on the pending
    question, using such procedure as the Speaker may invoke under clause 2,
    3, or 4. Each Member arrested under this clause 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 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 requisite majority of those
    voting shall have determined. Thereupon further proceedings under the
    call shall be considered as dispensed with.

    [[Page 771]]

      (c) At any time after Members have had the requisite opportunity to
    respond by the yeas and nays, but before a result has been announced,
    the Speaker may entertain a motion that the House adjourn if seconded by
    a majority of those present, to be ascertained by actual count by the
    Speaker. If the House adjourns on such a motion, all proceedings under
    this clause shall be considered as vacated.

      This clause (former clause 4 of rule XV) was adopted in 1896 (IV,
    3041; VI, 690); and amended in 1972 to make its provisions subject to
    clause 2 (former clause 5) of this rule (H. Res. 1123, 92d Cong., p.
    36012). Before the House recodified its rules in the 106th Congress,
    this provision was found in former clause 4 of rule XV (H. Res. 5, Jan.
    6, 1999, p. ----). 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 2 (former clause 5), or may, in his
    discretion, direct the Clerk to call the roll pursuant to this clause
    (May 16, 1973, p. 15860).

      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). 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).

    [[Page 772]]

      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 record 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 record 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).

    Sec. 1026. 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
    voce 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 8, where the Speaker has announced that he will postpone further
    proceedings on motions to suspend the rules on that day if any votes are
    objected to under this clause, and objection is then made to any such
    votes, 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 7, infra.

                                                           Rule XX, clause 7
    Rule XX, clause 7

    Sec. 1027. Quorum; when not required.

      7. (a)  The Speaker may
    not entertain a point of order that a quorum is not present unless a
    question has been put to a vote.

    [[Page 773]]

    Speaker recognizes for a motion to compel attendance of Members under
    clause 5(b).

    Sec. 1028. Speaker's discretion to recognize for motion
    for call of House.

      (b)  Subject to paragraph (c) the Speaker may recognize
    a Member, Delegate, or Resident Commissioner to move a call of the House
    at any time. When a quorum is established pursuant to a call of the
    House, further proceedings under the call shall be considered as
    dispensed with unless the

    Sec. 1029. Relation of previous question to failure of a
    quorum.

      (c)  A call of the House shall not be in order after the previous
    question is ordered unless the Speaker determines by actual count that a
    quorum is not present.

      Paragraphs (a) and (b) were adopted in the 93d Congress (H. Res. 998,
    Apr. 9, 1974, pp. 10195-99) and amended in the 95th Congress (H. Res. 5,
    Jan. 4, 1977, pp. 53-70) and 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. Paragraph (c) (former clause 2 of rule XVII)
    was adopted in 1860 (V, 5447). Before the House recodified its rules in
    the 106th Congress, paragraphs (a) and (b) were found in former clause 6
    of rule XV and paragraph (c) was found in former clause 2 of rule XVII.
    The 106th Congress also transferred former clause 6(b) of rule XV to
    clause 6(d) of rule XVIII (H. Res. 5, Jan. 6, 1999, p. ----).

      Under this clause 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. ----; July 21, 1998, p. ----). The Chair may not entertain a point of
    order of no quorum pending 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, p. 15316). But under
    this clause 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 is in order after
    approval of the Journal and disposition of business on the Speaker's
    table (July 8, 1987, p. 18972).

      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,
    p. 29562). 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).

    [[Page 774]]

    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, p. 28800; Feb. 27, 1986, p.
    3060). See also clause 7(c) of rule XX, 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.

      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

                                                           Rule XX, clause 8
    Rule XX, clause 8
    Postponement of proceedings

    1030. Postponing record votes on passage.

      8. (a)(1)  When a
    recorded vote is ordered, or the yeas and nays are ordered, or a vote is
    objected to under clause 6 on any of the questions specified in
    subparagraph (2), the Speaker may postpone further proceedings on that
    question to a designated place in the legislative schedule on that
    legislative day (in the case of the question of agreeing to the
    Speaker's approval of the Journal) or within two legislative days (in
    the case of any other question).

      (2) The questions described in the subparagraph (1) are as follows:

          (A) The question of passing a bill or joint resolution.

          (B) The question of adopting a resolution or concurrent
    resolution.

          (C) The question of agreeing to a motion to instruct managers on
    the part of the House (except that proceedings may not resume on such a
    motion under clause 7(c) of rule XXII if the managers have filed a
    report in the House).

    [[Page 775]]

          (D) The question of agreeing to a conference report.

          (E) The question of agreeing to a motion to recommit a bill
    considered under clause 6 of rule XV.

          (F) The question of ordering the previous question on a question
    described in subdivision (A), (B), (C), (D), or (E).

          (G) The question of agreeing to an amendment to a bill considered
    under clause 6 of rule XV.

          (H) The question of agreeing to a motion to suspend the rules.

      (b) At the time designated by the Speaker for further proceedings on
    questions postponed under paragraph (a), the Speaker shall resume
    proceedings on each postponed question in the order in which it was
    considered.

      (c) The Speaker may reduce to five minutes the minimum time for
    electronic voting on a question postponed under this clause, or on a
    question incidental thereto, that follows another electronic vote
    without intervening business, so long as the minimum time for electronic
    voting on the first in any series of questions is 15 minutes.

      (d) If the House adjourns on a legislative day designated for further
    proceedings on questions postponed under this clause without disposing
    of such questions, then on the next legislative day the unfinished
    business is the disposition of such questions in the order in which they
    were considered.

    [[Page 776]]

    in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to place all
    authority for the postponing of further proceedings on certain questions
    into this clause. This consolidation was accomplished with the addition
    of the authority to postpone further proceedings on reports from the
    Committee on Rules and the authority to postpone further proceedings on
    motions to suspend the rules and pass bills or adopt resolutions. The
    authority for the Speaker to postpone further proceedings on agreeing to
    his approval of the Journal until later that legislative day was added
    in the 98th Congress (H. Res. 5, Jan. 3, 1983, p. 34). The authority for
    the Speaker to postpone further proceedings on motions to instruct
    conferees after 20 calendar days in conference was added in the 101st
    Congress (H. Res. 5, Jan. 3, 1989, p. 72). The authority for the Speaker
    to postpone further proceedings on the original motion to instruct
    conferees was added in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----). In the 104th Congress the list of questions susceptible of
    postponement was reordered and expanded to include a vote on ordering
    the previous question on another question that is, itself, susceptible
    of postponement (sec. 223(a), H. Res. 6, Jan. 4, 1995, p. 469). In the
    105th Congress subparagraph (1) was amended to enable postponement of
    certain questions during consideration of bills called from the
    Corrections Calendar, i.e., agreeing to an amendment, ordering the
    previous question on a motion to recommit, and agreeing to a motion to
    recommit (H. Res. 5, Jan. 7, 1997, p. ----). In the 106th Congress the
    Speaker's authority to reduce to five minutes the minimum time for
    electronic voting on a question postponed under this clause was expanded
    to include questions incidental thereto and to permit the first
    postponed vote in a series to be a five-minute vote if it immediately
    follows a 15-minute vote. Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 5(b) of rule I
    (H. Res. 5, Jan. 6, 1999, p. ----).
      This provision (former clause 5(b) of rule I) was added in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, p. 7), and subparagraph (1) was
    amended

      The Speaker first exercised his authority to postpone a record vote on
    the approval of the Journal on November 10, 1983 (p. 32097). That
    authority includes the power to postpone a division vote on the approval
    of the Journal that is objected to under clause 6 of rule XX (former
    clause 4 of rule XV) (Sept. 21, 1993, p. 21820). However, on questions
    not enumerated in this paragraph, such as the initial motion to instruct
    conferees prior to the 106th Congress, unanimous consent was required to
    permit the Speaker to postpone such record votes (Oct. 6, 1986, p.
    28704).

    [[Page 777]]

    been postponed--either de novo if objection to the vote has been made
    under clause 6 of rule XX (former clause 4 of rule XV) or for a ``yea
    and nay'' or recorded vote if previously ordered by the House in the
    order in which the motions had been entered (June 4, 1974, pp. 17521-
    47). Clause 8(a) of rule XX (former clause 5(b) of rule I) does not
    require the Chair's customary announcement at the beginning of
    consideration of motions to suspend the rules that the Chair intends to
    postpone possible record votes (Nov. 14, 1995, p. ----).
      Pursuant to clause 7 of rule XX (former clause 6(e) of rule XV),
    prohibiting a point of order of no quorum unless the Speaker has put the
    pending proposition to a vote, the Speaker announces, after postponing a
    vote on a motion to suspend the rules where objection has been made to
    the vote on the grounds that a quorum is not present, that the point of
    order is considered as withdrawn, since the Chair is no longer putting
    the question (May 16, 1977, p. 14785). At the conclusion of debate on
    all motions to suspend the rules on a legislative day, the Speaker
    announces that he will put the question on each motion on which further
    proceedings have

      Under the authority to postpone further proceedings on a specified
    question to a designated time within two legislative days, the Speaker
    may simultaneously designate separate times for the resumption of
    proceedings on separate postponed questions (Mar. 3, 1992, p. 4072).
    Once the Speaker has postponed record votes to a designated place in the
    legislative schedule, he may subsequently redesignate the time when the
    votes will be taken within the appropriate period (June 6, 1984, p.
    15080; Oct. 3, 1988, pp. 27782, 27878).

    [[Page 778]]

    precedence over a motion to suspend the rules, it may be offered and
    voted on between motions to suspend the rules on which the Speaker has
    postponed record votes until after debate on all suspensions (May 17,
    1983, p. 12486). Under this clause the Speaker is not required to
    announce his intention to postpone at the beginning of consideration of
    a motion to suspend the rules (although that is customarily the
    courtesy) but may postpone further proceedings after a record vote is
    ordered or an objection is raised under clause 6 of rule XX (former
    clause 4 of rule XV) (Feb. 23, 1993, p. 3281). When the House adjourns
    on the second legislative day after postponement of a question under
    this clause without resuming proceedings thereon, the question remains
    unfinished business on the next legislative day (Oct. 1, 1997, p. ----).
    In recent years special rules adopted by the House have routinely
    provided the Chairman of the Committee of the Whole authority to
    postpone and cluster requests for recorded votes. For a discussion of
    such authority, see Sec. 984, supra.

      Following the first postponed vote on motions to suspend the rules,
    the Speaker may in his discretion reduce to not less than five minutes
    the time for taking votes on any or all of the subsequent motions on
    which votes have been postponed (June 4, 1974, p. 17547). Having
    clustered record votes on motions to suspend the rules and then having
    clustered record votes on passage of other measures considered
    immediately after debate on the suspension motions, the Speaker may,
    pursuant to this clause, conduct all the postponed votes in one sequence
    and reduce to five minutes the time for all electronic votes after the
    first suspension vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724).
    But the Chair may decline, in his discretion, to recognize for a
    unanimous-consent request to reduce to five minutes the first vote in
    the series, since the bell and light system would not give adequate
    notice of the initial five-minute vote (Oct. 8, 1985, p. 26666).
    However, prior to the 106th Congress, where a series of votes had been
    postponed pursuant to this clause to occur following a 15-minute vote on
    another measure not a part of that series, the vote on the first
    postponed measure could have been reduced to five minutes only by
    unanimous consent (May 24, 1983, p. 13595; July 22, 1996, p. 18410). By
    unanimous consent waiving the five-minute minimum set by paragraph (c)
    (former clause 5(b)(3) of rule I), the House has authorized the Speaker
    to put remaining postponed questions to two-minute electronic votes
    (Oct. 4, 1988, pp. 28126, 28148). The Speaker may ``cluster'' postponed
    votes on a motion to suspend the rules and on adoption of a resolution
    in the order in which those questions were considered on the preceding
    day (July 19, 1983, p. 19774). The requirement that the Speaker put each
    question on motions to suspend the rules in the order in which
    postponed, does not prevent the Speaker from entertaining a unanimous-
    consent request for the consideration of a similar Senate measure
    following passage of a House bill and prior to the next postponed vote
    (Feb. 15, 1983, p. 2175). Since a resolution raising a question of the
    privileges of the House takes

    Sec. 1031. Former pairs.

      Former  clause 2 of rule VIII
    (proposed to be recodified as clause 8 of rule XX) 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). It 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. Former clause 2 of
    rule VIII was deleted in the 106th Congress (H. Res. 5, Jan. 6, 1999, p.
    ----). The Rules of the House continue to permit the announcement of a
    live pair under clause 3 of rule XX (Sec. 1015, supra).

      Prior to the 106th Congress, pairs were not announced at a time other
    than that prescribed by the former rule (V, 6046), and the voting
    intentions of an absent Member were not otherwise 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 did 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 were 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.

    [[Page 779]]

    Five-minute votes--
                                                           Rule XX, clause 9
    Rule XX, clause 9

    1032. ``15and5'' voting.

      9.  The Speaker may reduce to five
    minutes the minimum time for electronic voting--

          (a) after a record vote on a motion for the previous question, on
    any underlying question that follows without intervening business, or on
    a question incidental thereto;

          (b) after a record vote 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 on a question incidental thereto;

          (c) after a record vote on a motion to recommit a bill,
    resolution, or conference report, on the question of passage or
    adoption, as the case may be, of such bill, resolution, or conference
    report, or on a question incidental thereto, if the question of passage
    or adoption follows without intervening business the vote on the motion
    to recommit; or

          (d) as provided in clause 6(b)(3) of rule XVIII, clause 6(f) of
    rule XVIII, or clause 8 of this rule.

    [[Page 780]]

    was added in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 49) 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, former clause 5
    was organized into paragraphs. In the 104th Congress clause 9(a) (former
    clause 5(b)(1) of rule XV) was broadened to cover any previous question
    situation (sec. 223(e), H. Res. 6, Jan. 4, 1995, p. 469). In the 106th
    Congress the Speaker's authority to reduce to five minutes the minimum
    time for electronic voting on a question under this clause was expanded
    to include questions incidental thereto. The 106th Congress also, when
    the House recodified its rules, transferred this provision from former
    clause 5(b) of rule XV (H. Res. 5, Jan. 6, 1999, p. ----).
      The authority now found in clause 9(c) (former clause 5(b)(3) of rule
    XV) was first added as an undesignated last sentence of former clause 5
    in the 96th Congress (H. Res. 5, Jan. 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 clause 9(b) (former clause 5(b)(2) of rule XV)
    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 record 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 clause 9(a)
    (former clause 5(b)(1) of rule XV)

      Five-minute votes are now permitted at the discretion of the Chair in
    six circumstances: (1) under clause 8, on additional questions on which
    the Speaker has postponed further proceedings immediately following a
    15-minute vote; (2) under clause 9(a), on an underlying question (or on
    a question incidental thereto) immediately following a 15-minute
    recorded vote on ordering the previous question thereon; (3) under
    clause 9(b), on second and subsequent separate votes in the House on
    amendments reported from Committee of the Whole (or on a question
    incidental thereto) immediately following a 15-minute vote on the first
    such separate vote; (4) under clause 9(c), on final passage (or on a
    question incidental thereto) immediately following a 15-minute recorded
    vote on recommittal; (5) under clause 6(b)(3) of rule XVIII, on a
    pending question immediately following a regular quorum call in
    Committee of the Whole; and (6) under clause 6(f) of rule XVIII, on any
    or all pending amendments immediately following a 15-minute recorded
    vote on the first such pending amendment in Committee of the Whole. In
    recent years special rules adopted by the House have routinely provided
    the Chairman of the Committee of the Whole authority to postpone and
    cluster requests for recorded votes. For a discussion of such authority,
    see Sec. 984, supra. This clause 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. 15107; July 14, 1999, p. ----).

      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).

    [[Page 781]]

    Automatic yeas and nays
                                                          Rule XX, clause 10
    Rule XX, clause 10

    1033. Yeas and nays ordered on certain questions.

      10.  The
    yeas and nays shall be considered as ordered when the Speaker puts the
    question on passage of a bill or joint resolution, or on adoption of a
    conference report, making general appropriations, or increasing Federal
    income tax rates (within the meaning of clause 5 of rule XXI), or on
    final adoption of a 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. 468). Before the House recodified its rules in the
    106th Congress, this provision was found in former clause 7 of rule XV
    (H. Res. 5, Jan. 6, 1999, p. ----).

                                                          Rule XX, clause 11
    Rule XX, clause 11
    Ballot votes

    1034. Elections by ballot.

      11.  In a case of ballot for
    election, a majority of the votes shall be necessary to an election.
    When there is not such a majority on the first ballot, the process shall
    be repeated until a majority is obtained. In all balloting blanks shall
    be rejected, may not be counted in the enumeration of votes, and may not
    be reported by the tellers.

      This rule was first adopted in 1789 and was amended in 1837 (V, 6003).
    It was renumbered January 3, 1953 (p. 24). The last election by ballot
    seems to have occurred in 1868 (V, 6003).