    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 111th Congress]
    [111st Congress]
    [House Document 110-162]
    [Rules of the House of Representatives]
    [Pages 806-836]
    [From the U.S. Government Publishing Office, www.gpo.gov]

                                     Rule XX

                             voting and quorum calls

    [[Page 807]]

    sion is demanded. Those in favor of the question shall first rise from
    their seats to be counted, and then those opposed.

    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 divi

      (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.

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 The general provision for demanding a vote by tellers was repealed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

    [[Page 808]]

      The former right to demand tellers was not precluded by the fact that
    the yeas and nays had been refused (V, 5998; VIII, 3103), by a point of
    no quorum 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 the 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 clause 8, 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, although 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. 18993). 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 809]]

      A demand for a record vote cannot interrupt a vote by division that is
    in progress (June 10, 1975, p. 18048). Where both a division vote and a
    recorded vote are requested, the Chair will count for a recorded vote
    (July 22, 2003, p. 18993). 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
    recorded vote may be untimely even if the body has not moved on to other
    business (June 26, 2007, p. _).

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

      Under  the precedents recorded before the abolition of tellers, it was
    the duty of the Member to serve as teller when appointed by the Chair
    (V, 5987); but when Members of one side had declined, the second teller
    was appointed from the other side (V, 5988) or the position was left
    vacant (V, 5989). A Delegate could have been appointed teller (II,
    1302). Where there was doubt as to the count by tellers, the Chair could
    have ordered the vote taken again (V, 5991; July 19, 1946, p. 9466), but
    this must have been done before the result was announced (V, 5993-5995;
    VIII, 3098). The Chair could have 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).

    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 or quorum
    call by electronic device shall be 15 minutes.

    [[Page 810]]

    p. 36012). A technical correction to paragraph (a) was effected in the
    108th Congress (sec. 2(u), H. Res. 5, Jan. 7, 2003, p. 7). The
    electronic system was first utilized in the House on January 23, 1973
    (p. 1793).
      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,

      A provision regarding holding a vote open for the sole purpose of
    reversing its outcome was added in the 110th Congress (sec. 302, H. Res.
    6, Jan. 4, 2007, p. _ (adopted Jan. 5, 2007)). A select committee to
    investigate certain voting irregularities recommended its repeal (H.
    Rept. 110-885), and the 111th Congress did so (sec. 2(h), H. Res. 5,
    Jan. 6, 2009, p. _). That provision did not establish a point of order
    (Apr. 15, 2008, p. _; May 8, 2008, p. _) but a vote could have been
    subject to collateral challenge as a question of the privileges of the
    House (Mar. 12, 2008, p. _; Apr. 15, 2008, p. _).

      The Speaker inserted in the Record a detailed statement describing
    procedures to be followed during votes and quorum calls by electronic
    device and by the backup procedures therefor (Jan. 15, 1973, pp. 1054-
    57). The Speaker may direct that a call of the House be conducted by an
    alphabetical call of the roll by the Clerk in lieu of utilizing 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
    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). Once the Clerk has announced changes, the voting
    stations close and further changes must be made in the well (Nov. 17,
    2005, p. _).

    [[Page 811]]

    where required to correct an error in identifying a signature on a
    voting card submitted in the well (Speaker O'Neill, June 11, 1981) or as
    a result of an untabulated voting card (Sept. 25, 2008, p. _).
      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

      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. 9, 2003, p. 21558; 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. _; Dec. 8, 2005, pp. 32099, 32100).
    Similarly, resolutions directing the Committee on Standards of Official
    Conduct to review irregularities in the conduct of a vote in the House
    (Aug. 3, 2007, p. _) or alleging irregularities in the conduct of a
    vote, directing House officers to preserve all records relating thereto,
    and establishing a select committee of investigation thereof (Aug. 3,
    2007, p. _) constitute questions of the privileges of the House.

      Where the Chair attempted to prematurely close a vote by electronic
    device while voting cards submitted in the well were still being
    tabulated, he allowed such tabulation to conclude before announcing the
    outcome of the vote (Aug. 2, 2007, p. _). The ``scoreboard'' components
    of the electronic voting system are for display only, such that when the
    clock-setting on the board reads ``final'' the Chair may continue to
    allow Members in the well to cast votes or enter changes (Sept. 18,
    2007, p. _).

      Because this clause is incorporated by reference into clause 6 of rule
    XVIII (formerly clause 2 of rule XXIII), the chair 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 may continue to exercise discretion under that clause
    at any time during the conduct of the call (July 17, 1974, p. 23673).

    [[Page 812]]

    6, 1993, p. 106). Starting in the 104th Congress, the Speaker has
    announced that each occupant of the Chair would have the Speaker's 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;
    Speaker Hastert, Jan. 6, 1999, p. 249; Speaker Hastert, Jan. 3, 2001, p.
    41; Speaker Hastert, Jan. 7, 2003, p. 24; Jan. 8, 2003, p. 172; Speaker
    Hastert, Jan. 4, 2005, p. _; Speaker Pelosi, Jan. 5, 2007, p. _);
    however, the Chair will not close a vote while a Member is in the well
    attempting to vote (Feb. 10, 1995, p. 4385; June 22, 1995, p. 16814;
    Nov. 17, 2005, p. _).
      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.

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

      (b) When  the electronic voting system is inoperable or is not used,
    the Speaker or Chair 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). A gender-based
    reference was eliminated in the 111th Congress (sec. 2(l), H. Res. 5,
    Jan. 6, 2009, p. _).

    [[Page 813]]

    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. 17103).

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

      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 determination that 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. 4054; Sept. 19, 2002, p. 17237; Sept. 4, 2003,
    pp. 21151, 21152). 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

      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). Although
    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).

    [[Page 814]]

    er 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 the Speaker
    may entertain a motion for correction of the Journal in accordance with
    the vote as finally ascertained (VIII, 3162).
      Commencing in 1879 the Clerk, in calling the roll, called Members by
    the surnames with the prefix ``Mr.'' instead of calling the full names
    (V, 6047), but since the 62d Congress the practice has been discontinued
    in the interest of brevity (VIII, 3121). The Speaker's name is not on
    the voting roll and is not ordinarily called (V, 5970). When voting, the
    Speaker's name is called at the close of the roll (V, 5965). In case of
    a tie that is revealed by a correction of the roll, the Speaker has
    voted after intervening business or even on another day (V, 5969, 6061-
    6063; VIII, 3075). Where the Speak

      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 the Member qualified by declaring
    that the Member had been within the Hall, listening, when the name
    should have been called and failed to hear it (V, 6071-6072; VIII, 3144-
    3150), and then only on the theory that the name may have been
    inadvertently omitted by the Clerk (VIII, 3137). Under the former
    practice in which 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 a vote on recapitulation if the
    result has been announced (VIII, 3124), but errors in the record of such
    votes may be corrected (VIII, 3125). A motion that a vote be
    recapitulated is not privileged (VIII, 3126). The Speaker has declined
    to order a recapitulation of a vote taken by electronic device (Speaker
    Albert, July 30, 1975, p. 25841).

    Sec. 1016. Bell system.

      The  legislative call system was
    designed to alert Members to certain occurrences on the floor of the
    House. The Speaker has directed that the bells and lights comprising the
    system be utilized as follows (Jan. 23, 1979, p. 701):

      Tellers--one ring and one light on left. Because the demand for teller
    votes was discontinued at the beginning of the 103d Congress, this
    signal is no longer utilized.

      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 (Oct. 4, 1988, pp. 28126, 28148) or
    any question following another vote by electronic device (e.g., May. 23,
    2006, p. _) to two-minute electronic votes, two bells were rung.

    [[Page 815]]

    diately thereafter. Two bells repeated five minutes after first ring.
    Five bells on each subsequent electronic vote.
      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 imme

      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 used.

      Regular quorum call in Committee of the Whole, which may be followed
    immediately by five-minute electronic recorded vote--three bells rung at
    beginning of quorum call, followed by five bells, indicate that Chair
    will order five-minute vote if recorded vote is ordered on pending
    question. Three bells repeated five minutes after first ring. Five bells
    for recorded vote on pending question if ordered.

      Notice or short quorum call in Committee of the Whole--one long bell
    followed by three regular bells, and three lights on left, indicate that
    the Chair has exercised discretion under clause 6 of rule XVIII and will
    vacate proceedings when a quorum of the Committee appears. Bells are
    repeated every five minutes unless (a) the call is vacated by ringing of
    one long bell and extinguishing of three lights, or (b) the call is
    converted into a regular quorum call and three regular bells are rung.

      Adjournment--four bells and four lights on left.

      Any five-minute vote--five bells and five lights on left.

      Recess of the House--six bells and six lights on left.

      Civil Defense Warning--twelve bells, sounded at two-second intervals,
    with six lights illuminated.

      The light on the far right--seven--indicates that the House is in
    session.

      Failure of the signal bells to announce a vote does not warrant
    repetition of the roll call (VIII, 3153-3155, 3157) nor does such a
    failure permit a Member to be recorded following the conclusion of the
    call (June 9, 1938, p. 8662).

    Sec. 1017. Changes and corrections of votes.

      Before  the
    result of a vote has been finally and conclusively pronounced by the
    Chair, but not thereafter, a Member may change a vote (V, 5931-5933,
    6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered
    ``present'' may change it to ``yea'' or ``nay'' (V, 6060). However, a
    vote given by a Member may not be withdrawn without leave of the House
    (V, 5930).

    [[Page 816]]

    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 or her vote (Apr. 18, 1973, p. 13081; May
    10, 1973, p. 15282). By unanimous consent the House may vacate
    proceedings on a recorded vote conducted in the Committee of the Whole
    and require a vote de novo where it is alleged that Members were
    improperly prevented from being recorded (June 22, 1995, p. 16815).
      When a vote actually given fails to be recorded during a call of the
    roll (V, 6061-6063) the Member may, before the approval of the Journal,
    demand as a matter of right that correction be made (V, 5969; VIII,
    3143). However, statements of other Members as to alleged errors in a
    recorded vote must be very definite and positive to justify the Speaker
    in ordering

    Sec. 1018. Interruptions of the roll call.

      Once  begun the
    roll call may not be interrupted even by a motion to adjourn (V, 6053;
    VIII, 3133), a parliamentary inquiry (VIII, 3132) except in the
    discretion of the Chair and if related to the call (Deschler-Brown, ch.
    31, Sec. Sec.  15.14, 15.15), 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).
    The rules do not preclude a Member from announcing after a recorded vote
    how the Member would have voted if present (Speaker Rayburn, June 27,
    1957, p. 10521; contra VIII, 3151), but neither the rules nor practice
    permit a Member to announce after a recorded vote how absent colleagues
    would have voted if present (VI, 200; Apr. 3, 1933, p. 1139; Apr. 28,
    1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp. 4691, 4700;
    Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).

    [[Page 817]]

    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) that 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 has discretion to direct that the
    presence of Members be recorded by this procedure in lieu of using the
    electronic system, or the Chair may direct that a quorum call be taken
    by an alphabetical call of the roll (Mar. 7, 1973, p. 6699). The chair
    of the Committee of the Whole also may direct that a quorum call be
    conducted by depositing quorum tally cards with clerk tellers, rather
    than by electronic device or a call of the roll (July 13, 1983, p.
    18858).

      Exercising 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.

    [[Page 818]]

      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.

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

    [[Page 819]]

      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
    electronic device unless the Speaker 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 chooses to recognize 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. A technical
    correction to paragraph (b) was effected in the 109th Congress (sec.
    2(l), H. Res. 5, Jan. 4, 2005, p. _). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    _). 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).

    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).

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

      During a call less than a quorum may revoke leaves of absence (IV,
    3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but
    may not grant leaves of absence (IV, 3002). The roll is sometimes called
    for excuses, and motions to excuse are in order during this call (IV,
    2997), but neither the motion to excuse nor an incidental appeal are
    debatable (IV, 2999). After the roll has been called for excuses, and
    the House has ordered the arrest of those who are unexcused, a motion to
    excuse an absentee is in order when brought to the bar (IV, 3012).

    Sec. 1023. Arrest of Members.

      An  order of arrest for absent
    Members may be made after a single calling of the roll (IV, 3015, 3016),
    and a warrant issued on direction of those present, such motion having
    precedence of a motion to dispense with proceedings under the call (IV,
    3036). The Sergeant-at-Arms is required to arrest Members wherever they
    may be found (IV, 3017), and the former leave for a committee to sit
    during sessions did 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 in which a Member complained of wrongful arrest the House
    ordered the Sergeant-at-Arms to investigate and amend the return of his
    warrant (IV, 3021). A Member once arrested having escaped it was held
    that he might not be brought back on the same warrant (IV, 3022). A
    privileged motion to compel the attendance of absent Members is in order
    after the Chair has announced that a quorum has not responded on a
    negative recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).

    [[Page 820]]

    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). Having rejected a motion to adjourn, less than a quorum of the
    House rejected a motion directing the Sergeant-at-Arms to arrest absent
    Members, rejected a second motion to adjourn, and then adopted a motion
    authorizing the Speaker to compel the attendance of absent Members (Nov.
    2, 1987, p. 30387).
      The former practice of presenting Members at the bar during a call of
    the House (IV, 3030-3035) is obsolete, and Members now report to the
    Clerk and are recorded without being formally excused unless brought in
    under compulsion (VI, 684). Those present on a call may prescribe a fine
    as a condition of discharge, and the House has by resolution revoked all

      The motion to dispense with further proceedings under the call of the
    House is not in order when a motion to arrest absent Members is pending
    (IV, 3029, 3037); is not entertained until a quorum responds on the
    call, but may be agreed to by less than a quorum thereafter (IV, 3038,
    3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); and
    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).

      Form of resolution for the arrest of Members absent without leave (VI,
    686).

    Sec. 1024. Motions during a call.

      During  the call, which in
    later practice has been invoked only in the 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 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 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). An appeal also may not be
    entertained during a call of the yeas and nays (V, 6051). A motion for a
    call of the House is not debatable (VI, 683, 688). The motion to compel
    the attendance of absent Members, being neither debatable nor amendable,
    is not subject to a motion to lay on the table (Speaker Wright, Nov. 2,
    1987, p. 30389).

    [[Page 821]]

    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.

      (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 House, the provisional number of the
    House shall be adjusted accordingly.

      (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 paragraph (a) 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--

    [[Page 822]]

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

              (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.

      (4)(A) For purposes of subparagraph (3), a catastrophic quorum failure
    report is a report advising that the inability of the House to establish
    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.

      (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.

    [[Page 823]]

          (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.

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

      (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.

    [[Page 824]]

    cross-reference and to eliminate a gender-based reference (secs. 2(l),
    2(m), H. Res. 5, Jan. 6, 2009, 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.
      This paragraph was added in the 109th Congress (sec. 2(h), H. Res. 5,
    Jan. 4, 2005, p. _). It was amended in the 111th Congress to correct a

    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 the Speaker deems pertinent.

      This paragraph was added in the 108th Congress (sec. 2(l), H. Res. 5,
    Jan. 7, 2003, p. 7). 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. _). A gender-based reference was
    eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p.
    _).

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

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

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

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

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

    [[Page 825]]

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

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

      This clause (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). Paragraph (c) was amended to clarify the privileged nature of
    the motion to adjourn during the call in the 108th Congress (sec. 2(m),
    H. Res. 5, Jan. 7, 2003, p. 7) and the 111th Congress (sec. 2(m), H.
    Res. 5, Jan. 6, 2009, p. _), when gender-based references were also
    eliminated (sec. 2(l), H. Res. 5, Jan. 6, 2009, 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).

    [[Page 826]]

      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 direct the Clerk to call the
    roll pursuant to this clause (May 16, 1973, p. 15860).

      It applies only to votes in which 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; Aug. 4, 2007, p. _), or motions
    incidental to a call of the House that 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). Although 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).

      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 the 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 taken 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, because no business, including a
    unanimous-consent agreement, is in order in the announced absence of a
    quorum (July 13, 1983, p. 18844; Feb. 24, 1988, p. 2450). The House
    having authorized the Speaker to compel the attendance of absent
    Members, the Speaker announced that the Sergeant-at-Arms would proceed
    with necessary and efficacious steps, and that pending the establishment
    of a quorum no further business, including unanimous-consent requests
    for recess authority, could be entertained (Nov. 2, 1987, p. 30389).

    Sec. 1026. Conduct of the call in the new form.

      Under  this
    clause the roll is called 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).

    [[Page 827]]

      The Sergeant-at-Arms is required to detain those who are present and
    bring in absentees (IV, 3045-3048), and 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 that
    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.

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

      (b)  Subject to paragraph (c) the Speaker may recognize
    a Member, Delegate, or Resident Commissioner to move a call of the House
    at any time. When a quorum is established pursuant to a call of the
    House, further proceedings under the call shall be considered as
    dispensed with unless the Speaker recognizes for a motion to compel
    attendance of Members under clause 5(b).

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

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

    [[Page 828]]

    the House when a quorum appears unless the Speaker chooses to recognize
    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).
      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

      Under this clause the Speaker may not entertain a point of order of no
    quorum when the Speaker 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. 10725).
    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 choose to recognize a Member 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), or by unanimous consent may initiate a call of the House without
    motion (Speaker Foley, Mar. 14, 1990, p. 4324) 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). When one Member is already under recognition for
    debate, however, another Member may be recognized to move a call of the
    House only if the first Member yields for that purpose (July 23, 1998,
    p. 16989). For precedents addressing timeliness in raising a point of
    order of no quorum, see Deschler, ch. 20, Sec. 13.

      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, because the clause contains an absolute and unambiguous
    prohibition against entertaining such a point of order (Sept. 16, 1977,
    p. 29562). During debate on a measure in the House the Speaker will not
    respond to an inquiry as to the number of Members present in the
    Chamber, because a point of no quorum is not admissible unless the
    Speaker has put the pending question to a vote (Oct. 28, 1987, p.
    29682).

    [[Page 829]]

    Postponement of proceedings
      In adopting this rule, the House has manifested a determination 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).

    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.

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

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

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

    [[Page 830]]

          (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.

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

    [[Page 831]]

    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. 47);
    (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. 7). 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
    (Sept. 17, 2003, p. 22272).
      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 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. 7).
    Clause 9 permits the Speaker to reduce to five minutes a record vote on
    any question arising without intervening business after an electronic
    vote on another question if notice of possible five-minute voting was
    properly issued.

      The Speaker first exercised the 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 106th Congress, unanimous consent is required to
    permit the Speaker to postpone such record votes (Oct. 6, 1986, p.
    28704).

    [[Page 832]]

    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).
      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, because 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 the question will be put 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

      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, the Speaker 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 833]]

    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 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
    to recognize for a unanimous-consent request to reduce to five minutes
    the first vote in the series, because 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
    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).
    Because a resolution raising a question

      For several years before the 107th Congress, special rules adopted by
    the House commonly provided the chair 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 chair
    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).

    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 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 regarding pairs, see VIII, 3089.

    [[Page 834]]

    voting for a given series of votes was issued before the preceding
    electronic vote.

    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

      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. 7). Before the House
    recodified its rules in the 106th Congress, this provision was found in
    former clause 5(b) of rule XV (H. Res. 5, Jan. 6, 1999, p. 47).

      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; (4) under clause 6(g) of rule XVIII, on a
    postponed question on adoption of an amendment that immediately follows
    another electronic vote. This clause does not give the Chair the
    authority to reduce to five minutes the vote on a motion to recommit
    occurring immediately after a recorded vote on an amendment reported
    from the Committee of the Whole (June 29, 1994, p. 15107). The Chair
    does not entertain a unanimous-consent request to reduce a vote below
    the minimum if Members have not been given sufficient notice (e.g., July
    14, 1999, p. 16008; June 23, 2004, p. _; Sept. 15, 2005, p. _; July 19,
    2007, p. _). However, the Chair may entertain such a request when
    circumstances ensure sufficient notice (June 24, 2005, p. _; June 15,
    2007, p. _). The House has by unanimous consent authorized the Speaker
    to reduce to two minutes electronic votes conducted under this clause
    (e.g., May 23, 2007, p. _).

    [[Page 835]]

    a 15-minute vote on ordering the previous question is not construed as
    ``intervening business'' such as would preclude five-minute votes on
    certain postponed questions (Sept. 26, 2002, pp. 18096, 18097). 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).

    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. 11211). A voice vote on the question of adoption of a
    resolution following

    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, pp. 25314, 25315).

    1034. Elections by ballot.

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

    [[Page 836]]

      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).