[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 The general provision for demanding a vote by tellers was repealed 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).