    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
    [109th Congress]
    [House Document 108-241]
    [Rules of the House of Representatives]
    [Pages 795-823]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 795]]

                                     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 796]]

    in the 106th Congress, this provision was found in former clause 5(a) of
    rule I (H. Res. 5, Jan. 6, 1999, p. 47).
      This provision (formerly 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'' before 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 The general provision for demanding a vote by tellers was repealed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 its rules

      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. 9134). 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 797]]

    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.
    11856).
      A demand for a record 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. 47).

    [[Page 798]]

    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 (formerly 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).

      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 (formerly 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).

      A request that the voting display be turned on during debate is not in
    order (Oct. 12, 1998, p. 25770).

      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).

    [[Page 799]]

      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),
    unless the request is to delete a vote that was not actually cast (June
    26, 2000, p. 12371). A recorded vote or quorum call may not be reopened
    once the Chair has announced the result (June 15, 2000, p. 11098).
    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).

      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. 22016; Sept. 8, 2003, p. ----; Mar. 30, 2004, p. ----; July 8,
    2004, p. ----; July 9, 2004, p. ----). When an emergency recess under
    clause 12(b) of rule I occurred during an electronic vote, the Chair
    extended the period of time in which to cast a vote by 15 additional
    minutes (May 11, 2005, p. ----; June 29, 2005, p. ----). A resolution
    alleging intentional misuse of House practices and customs in holding a
    vote open for approximately three hours for the sole purpose of
    circumventing the will of the House, and directing the Speaker to take
    such steps as necessary to prevent further abuse, constitutes a question
    of the privileges of the House (Dec. 8, 2003, p. ----).

      Because this clause is incorporated by reference into clause 6 of rule
    XVIII (formerly 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 Members in the Chamber the right to have their votes
    recorded even if the Chair has announced the result (e.g., 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). 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.
    11849); 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).

    [[Page 800]]

    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.

      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. 47).

    --  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

    [[Page 801]]

    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.

      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.
    24198) or may direct a new electronic vote with a new 15-minute voting
    period (July 13, 2004, 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.
    24198). 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.
    1021; Apr. 9, 2002, p. ----; Sept. 19, 2002, p. ----; Sept. 4, 2003, p.
    ----). Similarly, where the electronic voting system malfunctioned only
    temporarily, the Chair continued an electronic vote but advised Members
    to verify that they were recorded correctly (Mar. 25, 2004, 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 in 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. 24198). 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. ----).

      The first form of this clause (formerly 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. 47). 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. 47; 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).

    [[Page 802]]

    lation 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).
      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, before 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 recapitu

    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.

      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
    (formerly clause 5(b)(3) of rule I) the House authorized the Speaker to
    put remaining postponed questions to two-minute electronic votes, two
    bells were rung (Oct. 4, 1988, pp. 28126, 28148).

      Recorded vote, yeas and nays, or automatic record electronic vote 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.

    [[Page 803]]

    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.
      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

      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).

      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).

    [[Page 804]]

    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. 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). A
    Member-elect may be sworn during a record vote (Jan. 4, 2005, p. ----;
    Jan. 6, 2005, p. ----; Jan. 25, 2005, p. ----). 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).

    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.

      This paragraph was adopted as part of the general revision of this
    rule (formerly 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. 47). 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).

    [[Page 805]]

      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. 10665). 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.

      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 (formerly 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. 47).
    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.

    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 806]]

    to the Clerk to be entered on the Journal as present.

      (b) Subject to clause 7(b) a majority described in paragraph (a) 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

      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
    (formerly 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
    (formerly 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. 47). A technical correction to paragraph (b) was effected in
    the 109th Congress (sec. 2(l), H. Res. 5, Jan. 4, 2005, p. ----).

    Sec. 1022. Ordering and conducting the call.

      Under  this rule
    a call may not be ordered by less than 15, and without that number
    present the motion for a call is not entertained (IV, 2983). It must be
    ordered by majority vote, and a minority of 15 or more favoring a call
    on such vote is not sufficient (IV, 2984). A quorum not being present no
    motion is in order but for a call of the House or to adjourn (IV, 2950,
    2988; VI, 680), and at this stage the motion to adjourn has precedence
    over the motion for a call of the House (VIII, 2642).

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

    [[Page 807]]

    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).
      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

    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).

      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).

    [[Page 808]]

    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. 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 (formerly 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

    Sec. 1024a. ``Provisional quorum.''

      (c)(1) If  the House
    should be without a quorum due to catastrophic circumstances, then--

          (A) until there appear in the House a sufficient number of
    Representatives to constitute a quorum among the whole number of the
    House, a quorum in the House shall be determined based upon the
    provisional number of the House; and

          (B) the provisional number of the House, as of the close of the
    call of the House described in subparagraph (3)(C), shall be the number
    of Representatives responding to that call of the House.

    [[Page 809]]

    House, the provisional number of the House shall be adjusted
    accordingly.
      (2) If a Representative counted in determining the provisional number
    of the House thereafter ceases to be a Representative, or if a
    Representative not counted in determining the provisional number of the
    House thereafter appears in the

      (3) For the purposes of subparagraph (1), the House shall be
    considered to be without a quorum due to catastrophic circumstances if,
    after a motion under clause 5(a) of rule XX has been disposed of and
    without intervening adjournment, each of the following occurs in the
    stated sequence:

          (A) A call of the House (or a series of calls of the House) is
    closed after aggregating a period in excess of 72 hours (excluding time
    the House is in recess) without producing a quorum.

          (B) The Speaker--

              (i) with the Majority Leader and the Minority Leader, receives
    from the Sergeant-at-Arms (or his designee) a catastrophic quorum
    failure report, as described in subparagraph (4);

              (ii) consults with the Majority Leader and the Minority Leader
    on the content of that report; and

              (iii) announces the content of that report to the House.

          (C) A further call of the House (or a series of calls of the
    House) is closed after aggregating a period in excess of 24 hours
    (excluding time the House is in recess) without producing a quorum.

    [[Page 810]]

    lish a quorum is attributable to catastrophic circumstances involving
    natural disaster, attack, contagion, or similar calamity rendering
    Representatives incapable of attending the proceedings of the House.
      (4)(A) For purposes of subparagraph (3), a catastrophic quorum failure
    report is a report advising that the inability of the House to estab

      (B) Such report shall specify the following:

          (i) The number of vacancies in the House and the names of former
    Representatives whose seats are vacant.

          (ii) The names of Representatives considered incapacitated.

          (iii) The names of Representatives not incapacitated but otherwise
    incapable of attending the proceedings of the House.

          (iv) The names of Representatives unaccounted for.

      (C) Such report shall be prepared on the basis of the most
    authoritative information available after consultation with the
    Attending Physician to the Congress and the Clerk (or their respective
    designees) and pertinent public health and law enforcement officials.

      (D) Such report shall be updated every legislative day for the
    duration of any proceedings under or in reliance on this paragraph. The
    Speaker shall make such updates available to the House.

      (5) An announcement by the Speaker under subparagraph (3)(B)(iii)
    shall not be subject to appeal.

    [[Page 811]]

    not incapacitated but otherwise incapable of attending the proceedings
    of the House.
      (6) Subparagraph (1) does not apply to a proposal to create a vacancy
    in the representation from any State in respect of a Representative

      (7) For purposes of this paragraph:

          (A) The term ``provisional number of the House'' means the number
    of Representatives upon which a quorum will be computed in the House
    until Representatives sufficient in number to constitute a quorum among
    the whole number of the House appear in the House.

          (B) The term ``whole number of the House'' means the number of
    Representatives chosen, sworn, and living whose membership in the House
    has not been terminated by resignation or by the action of the House.

      This paragraph was added in the 109th Congress (sec. 2(h), H. Res. 5,
    Jan. 4, 2005, p. ----). In extraordinary circumstances, section 8 of
    title 2, United States Code, prescribes special election rules to
    expedite the filling of vacancies in representation of the House.

    Sec. 1024b. Accounting for vacancies.

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

    [[Page 812]]

      This paragraph was added in the 108th Congress (sec. 2(l), H. Res. 5,
    Jan. 7, 2003, p. ----). In the 109th Congress it was redesignated from
    paragraph (c) to paragraph (d) and the Speaker's responsibility to
    announce an adjustment was extended to the swearing of a Member (sec.
    2(h), H. Res. 5, Jan. 4, 2005, 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.

      (b) The Clerk shall record Members by the yeas and nays on the pending
    question, using such procedure as the Speaker may invoke under clause 2,
    3, or 4. Each Member arrested under this clause shall be brought by the
    Sergeant-at-Arms before the House, whereupon he shall be noted as
    present, discharged from arrest, and given an opportunity to vote; and
    his vote shall be recorded. If those voting on the question and those
    who are present and decline to vote together make a majority of the
    House, the Speaker shall declare that a quorum is constituted, and the
    pending question shall be decided as the requisite majority of those
    voting shall have determined. Thereupon further proceedings under the
    call shall be considered as dispensed with.

    [[Page 813]]

    the House adjourns on such a motion, all proceedings under this clause
    shall be considered as vacated.

      (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

      This clause (formerly 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 (formerly 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. 47).

      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 (formerly 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 814]]

    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 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

    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). If the House does
    adjourn, the question is put de novo the next meeting day (Oct. 10,
    1940, p. 13535).

      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,
    if a vote is objected to under this clause, further proceedings may be
    postponed, in which case the question is put de novo when that vote
    recurs as unfinished business. Furthermore, when such proceedings are
    postponed, the point of order that a quorum is not present is considered
    as withdrawn because no longer in order (a question not being put 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.

    [[Page 815]]

    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. 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

    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) (formerly 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. 47).

      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. 20837; July 21, 1998, p. 16342; 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, 1986, p. 19370), or may choose not to do so (Sept. 30,
    1997, p. 20837), even, for example, before 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
    quorum, see Deschler, ch. 20, Sec. 13.

    [[Page 816]]

    of no quorum is not admissible unless he has put the pending question to
    a vote (Oct. 28, 1987, p. 29682).
      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

    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.

      (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.

    [[Page 817]]

    if the managers have filed a report in the House).
          (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

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

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

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

          (G) The question of agreeing to a motion to reconsider or the
    question of agreeing to a motion to lay on the table a motion to
    reconsider.

          (H) The question of agreeing to an amendment reported from the
    Committee of the Whole.

      (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.

      (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.

    [[Page 818]]

      (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.

      This provision (formerly clause 5(b) of rule I) was added in the 96th
    Congress (H. Res. 5, Jan. 15, 1979, p. 7), and paragraph (a) was amended
    in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113) to
    consolidate most authority for the postponing of further proceedings on
    certain questions into this paragraph. This consolidation was
    accomplished with the addition of the authority to postpone further
    proceedings on reports from the Committee on Rules and motions to
    suspend the rules. The Speaker was granted additional authority to
    postpone further proceedings as follows: (1) the Speaker's approval of
    the Journal until later that legislative day in the 98th Congress (H.
    Res. 5, Jan. 3, 1983, p. 34); (2) motions to instruct conferees under
    clause 7(c) of rule XXII in the 101st Congress (H. Res. 5, Jan. 3, 1989,
    p. 72); (3) the original motion to instruct conferees in the 106th
    Congress (H. Res. 5, Jan. 6, 1999, p. 47); (4) ordering the previous
    question on another question that is, itself, susceptible of
    postponement (and the list was reordered) in the 104th Congress (sec.
    223(a), H. Res. 6, Jan. 4, 1995, p. 469); (5) certain questions during
    consideration of bills called from the Corrections Calendar in the 105th
    Congress (H. Res. 5, Jan. 7, 1997, p. 121), but that provision was
    stricken in the 109th Congress when the Corrections Calendar was
    repealed (sec. 2(f), H. Res. 5, Jan. 4, 2005, p. ----); (6) questions
    incidental to a postponed question (and to permit the first postponed
    vote in a series to be a five-minute vote if it immediately follows a
    15-minute vote) in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. ----
    ); and (7) the question of agreeing to the motion to reconsider, the
    question of agreeing to the motion to lay on the table a motion to
    reconsider, and the question of agreeing to an amendment reported from
    the Committee of the Whole in the 109th Congress (sec. 2(i), H. Res. 5,
    Jan. 4, 2005, p. ----). 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. 47). 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. ----). The House by unanimous consent
    authorized the Speaker to postpone further proceedings on a specified
    class of record votes to a date certain beyond the two legislative days
    permitted under this clause (e.g., Sept. 17, 2003, 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.

    [[Page 819]]

    106th Congress, unanimous consent was required to permit the Speaker to
    postpone such record votes (Oct. 6, 1986, p. 28704).
      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 (formerly
    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 before the

      Pursuant to clause 7 of rule XX (formerly 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 (formerly 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 (formerly 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.
    20922).

    [[Page 820]]

    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) (formerly 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 before 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. 25961).
      Following the first postponed vote on motions to suspend the rules,
    the Speaker may in his discretion reduce to not less than five minutes
    the time for taking votes on any or all of the subsequent motions on
    which votes have been postponed (June 4, 1974, p. 17547). Having
    clustered record votes on motions to suspend the rules and then having
    clustered record votes on passage of other measures considered
    immediately after debate on the suspension motions, the Speaker may,
    pursuant to this clause, conduct all the postponed votes in one sequence
    and reduce to five minutes the time for all electronic votes after the
    first suspension vote (May 17, 1983, p. 12508; Oct. 2, 1989, p. 22724).
    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; see also
    Sec. 1032, infra). However, before 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

      For several years before the 107th Congress, special rules adopted by
    the House commonly 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. 47). ``Live'' pairs still may be announced
    under clause 3 of rule XX (Sec. 1015, supra).

    [[Page 821]]

    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--
      Before 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). Before 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

    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. 47); and (5) finally (the present
    language of the rule), on any question arising without intervening
    business after an electronic vote on another question in the 108th
    Congress (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. 47).

    [[Page 822]]

    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 (June 29, 1994, p. 15107). The Chair will not entertain a
    unanimous-consent request to reduce a vote to five minutes where Members
    have not been given sufficient notice (e.g., July 14, 1999, p. 16008;
    June 23, 2004, p. ----; Sept. 15, 2005, p. ----). However, the Chair
    will permit such request with sufficient notice (June 24, 2005, 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 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

    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.

    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. 47). The Chair announced the ordering of
    the yeas and nays under this clause on passage of a joint resolution not
    only further continuing appropriations for the current fiscal year but
    also enacting by reference six general appropriation bills (Oct. 21,
    2003, p. ----).

    [[Page 823]]

    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.

    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

      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).