[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 108th Congress]
[108th Congress]
[House Document 107-284]
[Rules of the House of Representatives]
[Pages 789-813]
[From the U.S. Government Printing Office, www.gpo.gov]



[[Page 789]]




 
                                 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 790]]

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 vote'' and voting by means of 
electronic device installed in the Chamber in 1972, were contained in a 
House resolution adopted 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tellers was repealed in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 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. 121). Before the 
House recodified

  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 had 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).

  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). 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). 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). 
However, 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) (Mar. 18, 1980, p. 
5739). 

  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 Chair's count of Members demanding a recorded 
vote is not appealable (June 24, 1976, p. 20390). 

  Only one request for a recorded vote on a pending question is 
in order (Jan. 21, 1976, p. 508). The request may not be renewed 
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). However, 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; July 22, 2003, p. 
----). A recorded vote may be had in the House on a separate vote on an 
amendment adopted in the Committee of the Whole on which a recorded vote 
had been refused (May 13, 1998, p. ----). A demand for the yeas 
and nays if refused by the House may not be renewed, even when 
the question is put de novo as unfinished business (Deschler-Brown, ch. 
30, Sec. 55.5.


[[Page 791]]

a recorded vote are requested, the Chair will count for a recorded vote 
(July 22, 2003, p. ----). 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. ----).
  A demand for a recorded vote cannot interrupt a vote by 
division which is in progress (June 10, 1975, p. 18048). Where 
both a division vote and




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 792]]

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 clause 3. 
Except as otherwise permitted under clause 8 or 9 of this 
rule or under clause 6 of rule XVIII, the minimum time for a record vote


  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). A technical correction to paragraph (a) was effected 
in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. ----
). 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 793]]

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 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). Because 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

  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). 




Sec. 1014a. Procedure when electronic voting system 
inoperable.

  (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 794]]

For example, the Speaker continued to use the electronic system, even 
though the electronic display panels or certain voting 
stations were temporarily inoperative, while urging 
Members to verify their votes (Sept. 19, 1985, p. 24245; 
Feb. 4, 1994, p. 1640; Feb. 10, 2000, p. ----; Apr. 
9, 2002, p. ----; Sept. 19, 2002, p. ----). On the other hand, 
the Chair vacated the results of an electronic vote and directed that 
the record 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. ----). On one occasion, when 
the electronic voting system became inoperative during a vote, the Chair 
announced that (1) the vote would be held open until all Members were 
recorded; (2) the Clerk would retrieve the names of Members already 
recorded from the electronic display board; (3) the Clerk would combine 
the names of Members voting electronically and those who signed tally 
cards to form a valid vote; and (4) the vote would remain open until 
Members had returned from a memorial service at the National Cathedral 
(Sept. 14, 2001, 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, pp. 9846, 9847; 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. ----).


[[Page 795]]

  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).

  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. Because the demand 
for teller votes was discontinued at the beginning 
of the 103d Congress, this signal is no longer utilized.


[[Page 796]]

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 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.

  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.


[[Page 797]]

  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).


  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 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). 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).



[[Page 798]]

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.



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,


  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, 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. ----). For a discussion of the count to determine a 
quorum, see House Practice, ch. 43, Sec. 5.




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 799]]

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). For a discussion of 
the count to determine a quorum, see House Practice, ch. 43, 
Sec. 5.

  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



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 800]]

this provision was found in former clause 2(a) of rule XV (H. Res. 5, 
Jan. 6, 1999, p. ----).
  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,



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). However, 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 801]]

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).
  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

  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).



[[Page 802]]

shall be adjusted accordingly. The Speaker shall announce the adjustment 
to the House. Such an announcement shall not be subject to appeal. In 
the case of a death, the Speaker may lay before the House such 
documentation from Federal, State, or local officials as he deems 
pertinent.



Sec. 1024a. Accounting for vacancies.

   (c)  Upon the 
death, resignation, expulsion, disqualification, or removal of a Member, 
the whole number of the House


  This paragraph was added in the 108th Congress (sec. 2(l), H. Res. 5, 
Jan. 7, 2003, p. ----).



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 803]]

ceedings 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 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 pro


  (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, 
a motion that the House adjourn shall be in order 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). In the 108th Congress paragraph (c) was amended to 
clarify the privileged nature of the motion to adjourn during the call 
(sec. 2(m), H. Res. 5, Jan. 7, 2003, p. ----). 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 804]]

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).
  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



[[Page 805]]




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).




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.


  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. ----).


[[Page 806]]

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). For precedents 
addressing timeliness in raising a point of order of no quourm, see 
Deschler, ch. 20, Sec. 13.
  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. ----; June 14, 2001, 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, 
because 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,

  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, because 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.



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--


      (A) on any of the questions specified in subparagraph (2), the 
Speaker may postpone further proceedings to a designated place in the 
legislative schedule within two additional legislative days; and

      (B) on the question of agreeing to the Speaker's approval of the 
Journal, the Speaker may postpone further proceedings to a designated 
place in the legislative schedule on that legislative day.


[[Page 807]]

  (2) The questions described in 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.

  (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.


[[Page 808]]

on the first in any series of questions is 15 minutes.
  (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


  (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.


[[Page 809]]

Technical corrections to paragraphs (a), (b), and (d) of clause 8 
were effected in the 108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, 
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 under clause 7(c) of rule 
XXII 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. 
121). 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. ----
). In the 108th Congress clause 9 was expanded to include the 
authority described in clause 8(c) (sec. 2(n), H. Res. 5, Jan. 7, 2003, 
p. ----). Clause 9 permits the Speaker to reduce to five minutes a 
record vote on any question arising without intervening business after 
an electronic vote on another question if notice of possible five-minute 
voting was properly issued.

  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 810]]

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 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


  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.



Sec. 1031. Former pairs.

  Former  clause 2 of rule VIII 
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).



[[Page 811]]

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.

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




1032. ``15and5'' voting.

  9.  The Speaker may reduce 
to five minutes the minimum time for electronic voting on any question 
arising without intervening business after an electronic vote on another 
question if notice of possible five-minute voting for a given series of 
votes was issued before the preceding electronic vote.


  The Speaker's authority to reduce record votes to five minutes, 
provided the first vote in any series is a 15-minute vote, gradually 
expanded over the years as follows: (1) on a bill, resolution, or 
conference report following a vote on a motion to recommit as 
first added in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-
16); (2) on amendments reported from the Committee of the Whole 
following a vote on the first such amendment, as added in the 
101st Congress (H. Res. 5, Jan. 3, 1989, p. 72) (3) on 
adoption of a special order of business following a vote 
on ordering the previous question thereon as added in the 
103d Congress (H. Res. 5, Jan. 5, 1993, p. 49), and expanded to 
any underlying question following a vote on ordering the previous 
question in the 104th Congress (sec. 223(e), H. Res. 6, Jan. 4, 
1995, p. 469); (4) on any incidental question under this clause 
as added in the 106th Congress (H. Res. 5, Jan. 6, 1999, 
p. ----); and (5) finally (the present language of the rule), on any 
question arising without intervening business after an electronic vote 
on another question (sec. 2(n), H. Res. 5, Jan. 7, 2003, p. ----
). The 106th Congress, 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 812]]

the authority also granted under clause 8(c)); (2) 
under clause 6(b)(3) of rule XVIII, on a pending question immediately 
following a regular quorum call in Committee of the Whole; 
(3) 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 (4) 
under clause 6(g) of rule XVIII, on a postponed 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 9 on any question 
arising without intervening business after an electronic vote on another 
question if notice of possible five-minute voting was properly issued 
(which includes


Automatic yeas and nays
  Where five-minute voting is interrupted by a one-minute speech, 
unanimous consent is required to continue five-minute voting (June 25, 
2002, p. ----). A voice vote on the question of adoption of a resolution 
following a 15-minute vote on ordering the previous question was not 
construed as ``intervening business'' such as would preclude five-minute 
votes on certain postponed questions (Sept. 26, 2002, 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).




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.




[[Page 813]]

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. ----).




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).