    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
    [107th Congress]
    [House Document 106-320]
    [Rules of the House of Representatives]
    [Pages 770-794]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 770]]

                                     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 771]]

    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 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 The general provision for demanding a vote by tellers was repealed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

      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).

      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). However, 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 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).

    [[Page 772]]

    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. ----).
      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

    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 been 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. ----).

    [[Page 773]]

    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 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.

      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 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 electronic system was first utilized in the House on
    January 23, 1973 (p. 1793).

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

      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); and a recorded vote or quorum call may not be reopened once
    the Chair has announced the result (June 15, 2000, p. ----). However,
    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); and
    the House by unanimous consent may permit the correction of the Record
    and the Journal to delete a vote that was not actually cast (June 26,
    2000, p. ----).

    [[Page 774]]

    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).
      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 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,

      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).

      (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.

    [[Page 775]]

    vote be taken by call of the roll where there was a malfunction the
    electronic display panel and the Chair could not obtain from the Clerk
    verification that the vote would be recorded with 100 percent accuracy
    (Oct. 6, 1999, p. ----).

    --  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.

      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. ----). In the event
    of a malfunction in the electronic voting system during a record vote,
    the Chair may vacate the results of the electronic vote and direct that
    the record vote be conducted by call of the roll under clause 3 of rule
    XX (May 4, 1988, p. ----; Oct. 6, 1999, p. ----). The question whether
    the electronic voting system is functioning reliably is in the
    discretion of the Chair, who may base a judgment on certification by the
    Clerk (Oct. 6, 1999, p. ----). For example, the Speaker continued to use
    the electronic system, even though the electronic display panels were
    temporarily inoperative, where the voting stations continued in
    operation and Members were able to verify their votes (Sept. 19, 1985,
    p. 24245; Feb. 10, 2000, p. ----). On the other hand, the Chair vacated
    the results of an electronic vote and directed that the record

      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). 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. ----). While this
    clause permits the announcement of a ``live'' pair, the practice of
    general pairs found in former clause 2 of rule VIII was deleted in the
    106th Congress (H. Res. 5, Jan. 6, 1999, p. ----; see Sec. 1031, infra).

      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 776]]

    erned 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).
      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 gov

      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 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).

    [[Page 777]]

      Recorded vote, yeas and nays, or automatic record electronic vote to
    be followed immediately by possible five-minute vote under clauses 8(c)
    or 9 of rule XX or clauses 6(f) or 6(g) of rule XVIII--two bells rung at
    beginning of first vote, 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. Two bells repeated
    five minutes after first ring. Five bells on each subsequent electronic
    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 may be followed
    immediately 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. Five bells
    for recorded vote on pending question if ordered.

      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.

      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).

    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'' may change it to ``yea'' or ``nay'' (V, 6060). However, a
    vote given by a Member may not be withdrawn without leave of the House
    (V, 5930).

    [[Page 778]]

    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).
      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). However, 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

    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). However, 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).

    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 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.

    [[Page 779]]

    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).
      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

      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.

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

    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.

    [[Page 780]]

    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.

      (b) Subject to clause 7(b) a majority of those present may order the
    Sergeant-at-Arms to send

      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 call 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).

    [[Page 781]]

    manded (IV, 2933). However, 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. 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).

      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 782]]

    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, p. 42504).
      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. 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).

    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.

    [[Page 783]]

    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.
      (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

      (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).

    [[Page 784]]

    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).
      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

      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). However, 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).

    [[Page 785]]

    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.

    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

    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.

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

    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.

    [[Page 786]]

    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. ----).
      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.

      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). However,
    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).

    Postponement of proceedings
      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, p. 28800;
    Feb. 27, 1986, p. 3060). Clause 7(c) of rule XX provides 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.

    [[Page 787]]

    agreeing to the Speaker's approval of the Journal) or within two
    legislative days (in the case of any other question).

    Sec. 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

      (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).

          (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.

    [[Page 788]]

      (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 789]]

    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 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

      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). 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).

      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 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 (Feb. 23, 1993, p. 3281; Nov. 14, 1995,
    p. 32385).

      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). 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. ----).

    [[Page 790]]

    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).
    However, 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 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). Proceedings may not resume
    on a postponed question of agreeing to a 20-day motion to instruct
    conferees after the managers have filed a conference report in the House
    (Oct. 19, 1999, p. ----).
      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

      For several years prior to the 107th Congress, special rules adopted
    by the House routinely provided the Chairman of the Committee of the
    Whole authority to postpone and cluster requests for recorded votes on
    amendments. In the 107th Congress that authority was given to the
    Chairman in the standing rules by adoption of a new clause 6(g) of rule
    XVIII. For a discussion of such authority, see Sec. 984, supra.

    [[Page 791]]

    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).

    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

    Five-minute votes--
      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.

    Sec. 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;

    [[Page 792]]

    follows without intervening business the vote on the motion to recommit;
    or
          (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

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

      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) 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. ----).

    [[Page 793]]

    question on adoption of an amendment that immediately follows another
    electronic vote. 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. ----).
      Five-minute votes are now permitted at the discretion of the Chair in
    the following 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; (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; and (7)
    under clause 6(g) of rule XVIII, on a postponed

    Automatic yeas and nays
      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).

    Sec. 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.

    Ballot votes
      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. ----).

    [[Page 794]]

    Sec. 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).