[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Rules of the House of Representatives]
[Pages 854-884]
[From the U.S. Government Publishing Office, www.gpo.gov]


 
                                 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 or otherwise indicate from their seats and be counted, and 
then those opposed.




[[Page 855]]


  (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), 1993 (H. 
Res. 5, Jan. 5, 1993, p. 49), 1997 (H. Res. 5, Jan. 7, 1997, p. 121), 
and 2017 (sec. 2(e), H. Res. 5, Jan. 3, 2017, p. _). 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 the 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tellers was repealed in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. 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).

  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 the 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 those demanding a recorded vote is not 
appealable (June 24, 1976, p. 20390).


[[Page 856]]

the request remains pending where the Chair interrupts the count of 
Members supporting 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 therein 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).
  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,

  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. 7148; July 23, 2014, p. 12755). A Member 
requesting a recorded vote (or declining to make such request) should 
not preface such action with debate (July 20, 2017, p. _).

  The ordering of a recorded vote may be vacated by unanimous consent 
(May 28, 2010, pp. 9947, 9948). In the 116th and 117th Congresses the 
House adopted a provision, effective during a designated public health 
emergency, considering the yeas and nays as ordered upon any request for 
a recorded vote pursuant to this clause (sec. 3(a), H. Res. 965, May 15, 
2020, p. _; sec. 3(s), H. Res. 8, Jan. 4, 2021, p. _).




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

  For  precedents related to the former right to demand tellers, 
ordering of tellers, and taking of the vote, see Sec. Sec. 1012 and 1013 
of the House Rules and Manual for the 115th Congress (H. Doc. 114-192).



  (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 857]]

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.



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


  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. 7). The 
electronic system was first utilized in the House on January 23, 1973 
(p. 1793). Under paragraph (a), a record vote is conducted by electronic 
device unless the Speaker directs otherwise (Mar. 21, 2010, p. 4175, p. 
4444; Oct. 11, 2013, p. 15715).

  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).


[[Page 858]]

p. 9164; June 29, 2005, p. 14835). In order to permit Members to vote in 
smaller groups and maintain public health protocols during an ongoing 
public health emergency, the Chair refrained from announcing the 15-
minute minimum voting time, and the time for each vote conducted by 
electronic device was significantly extended (e.g., Apr. 23, 2020, p. 
_). The Speaker subsequently announced the continued adherence to this 
voting practice during the pendency of the public health emergency 
(Speaker Pelosi, Nov. 18, 2020, 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, pp. 32099, 32100; Dec. 8, 2005, pp. 27811, 
27812). Similarly, resolutions directing the Committee on Standards of 
Official Conduct (now Ethics) to review irregularities in the conduct of 
a vote in the House (Aug. 3, 2007, p. 22746) 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, pp. 22768, 22769) constitute 
questions of the privileges of the House.
  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, pp. 5577, 5578; 
July 8, 2004, pp. 14781-83; July 9, 2004, p. 14972). 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,

  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. 22545). The ``scoreboard'' 
components of the electronic voting system are for display only, such 
that when the former clock-setting on the board read ``final'' the Chair 
continued to allow Members in the well to cast votes or enter changes 
(Sept. 18, 2007, p. 24524).


[[Page 859]]

may not yet have asked for changes (a sign to the body that the vote was 
nearing closure) at the time the votes were changed (May 19, 2016, p. 
_).
  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) and the electronic voting system now is programmed to 
accommodate changes at the stations throughout any electronic vote of a 
minimum duration of less than 15 minutes. Once the Clerk has announced 
changes, the voting stations close and further changes must be made in 
the well (Nov. 17, 2005, p. 26580), and where it was alleged that 
changes were made electronically in the Committee of the Whole on an 
earlier two-minute vote, the Speaker pro tempore opined that the chair 
of the Committee of the Whole

  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 
(Precedents (Wickham), ch. 5, Sec. 14.3). 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 
(Speaker O'Neill, June 11, 1981) or as a result of an untabulated voting 
card (Sept. 25, 2008, p. 21960).


[[Page 860]]

  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). 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. 70; Speaker 
Pelosi, Jan. 5, 2007, p. 273; Speaker Pelosi, Jan. 6, 2009, p. 24; 
Speaker Boehner, Jan. 5, 2011, p. 80; Speaker Boehner, Jan. 3, 2013, p. 
46; Speaker Boehner, Jan. 6, 2015, p. 62; Speaker Ryan, Jan. 3, 2017, p. 
_; Speaker Pelosi, Jan. 3, 2019, p. _; Speaker Pelosi, Jan. 4, 2021, 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). In recent Congresses, the Speaker reiterated the need for 
Members to come to the floor in a timely manner to vote (Speaker 
Boehner, Feb. 26, 2013, p. 1680; Speaker Boehner, Mar. 25, 2014, p. 
4783; Speaker Boehner, Feb. 25, 2015, p. 2554) but that the Chair would 
endeavor to preserve the entitlement to vote for a Member attempting to 
be recorded while in the well (Speaker Ryan, Jan. 7, 2016, p. 161; 
Speaker Ryan, June 23, 2017, p. _; Speaker Pelosi, Mar. 10, 2020, 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).

  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. 19 (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. 7). That provision did not establish a point of order 
(Apr. 15, 2008, p. 6045; May 8, 2008, pp. 8147, 8148) but a vote could 
have been subject to collateral challenge as a question of the 
privileges of the House (Mar. 12, 2008, p. 3856; Apr. 15, 2008, p. 
6054).




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. 7).


[[Page 861]]

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. 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. 15214). 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. 9, 1994, p. 1633; 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. 5262). 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

  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 862]]

narily called (V, 5970). When voting, the Speaker's name is called at 
the close of the roll (V, 5965), such as when a resigning Speaker 
chooses to vote for a successor (Speaker Wright, June 6, 1989, p. 10800; 
Speaker Boehner, Oct. 29, 2015, p. 16823). 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 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 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 
surname with prefix in lieu of calling full names (V, 6047), but since 
the 62d Congress that practice has been discontinued in the interest of 
brevity (VIII, 3121). The Speaker's name is not on the voting roll and 
is not ordi

  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). The decision to conduct a record vote 
by call of the roll is entirely within the discretion of the Speaker, 
who may refuse to speculate whether he would exercise such discretion on 
a future vote (Mar. 21, 2010, p. 4175).



Sec. 1016. Bell system.

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


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


[[Page 863]]

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. 
9274) to two-minute electronic votes, two bells were rung.
  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

  Recorded vote, yeas and nays, or automatic record electronic vote to 
be followed immediately by possible five-minute vote under clause 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 in the Committee of the Whole to be followed immediately 
by possible two-minute vote under clauses 6(f) or 6(g) of rule XVIII--
two bells rung at beginning of first vote, followed by two bells, 
indicate that Chair will order two-minute votes if recorded vote is 
ordered immediately thereafter. Two bells repeated five minutes after 
first ring. Two 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 the 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 the 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 the 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 two-minute vote--two bells and two 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.


[[Page 864]]

  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).


  When a vote actually cast 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 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; see 
June 6, 2012, p. 8473, for similar order in the Committee of the Whole).



[[Page 865]]




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 (e.g., Jan. 4, 2005, p. 46; Jan. 6, 2005, p. 
242). 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).





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). The last vote by tellers occurred on June 23, 1992, p. 15735).


  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 
(Precedents (Wickham), ch. 4, Sec. 1.6). For a discussion of the count 
to determine a quorum, see House Practice, ch. 43, Sec. 5.


[[Page 866]]

with the names of the Members voting, and be counted and announced in 
determining the presence of a quorum to do business.



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



  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 867]]

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. 44). A 
gender-based reference was eliminated in the 111th Congress (sec. 2(l), 
H. Res. 5, Jan. 6, 2009, p. 7). 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).
  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



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).


[[Page 868]]

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).


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


  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). 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); 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).


[[Page 869]]

ly 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).



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 strict




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.


[[Page 870]]

posed of and without intervening adjournment, each of the following 
occurs in the stated sequence:
  (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 dis

      (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 (or their 
respective designees), receives from the Sergeant-at-Arms (or a 
designee) a catastrophic quorum failure report, as described in 
subparagraph (4);

          (ii) consults with the Majority Leader and the Minority Leader 
(or their respective designees) 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.


[[Page 871]]

  (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.

  (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:


[[Page 872]]

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


      (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. 43). It was amended in the 111th Congress to correct a 
cross-reference and to eliminate a gender-based reference (secs. 2(l), 
2(m), H. Res. 5, Jan. 6, 2009, p. 7) and in the 113th Congress to add 
designees to subparagraph (3)(B) (sec. 2(f), H. Res. 5, Jan. 3, 2013, p. 
26). 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 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. 43). A gender-based reference was 
eliminated in the 111th Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 
7).


[[Page 873]]

for a Member to designate another Member as a proxy for purposes of 
voting and recording presence in the House and requirements for service 
as a proxy; (2) restriction on any Member serving as a proxy for more 
than 10 Members; (3) counting for purposes of establishing a quorum 
under House rules any Member voting or recording their presence by 
proxy; (4) automatic ordering of yeas and nays upon demand for yeas and 
nays, recorded vote, or objection pursuant to clause 6 of rule XX; (5) 
authorization for committees to conduct proceedings remotely in whole or 
in part, including remote voting and counting for purposes of a quorum 
those participating remotely; (6) ability for committees to file 
reports, including views, electronically; (7) authority for the issuance 
of subpoenas signed and sealed in electronic form and designated for 
return at a remote committee hearing or deposition; and (8) providing 
for the certification of operable and secure technology to conduct 
remote voting in the House and subsequent implementation of a remote 
voting system (H. Res. 965, May 15, 2020, p. _). Such modifications were 
continued in the 117th Congress with revisions (sec. 3(s), H. Res. 8, 
Jan. 4, 2021, p. _). In addition, the Speaker announced policies 
permitting the electronic introduction of bills and submission of 
cosponsors, as well as permitting the electronic submission of 
extensions of remarks and other insertions into the Congressional Record 
(Speaker Pelosi, Apr. 7, 2020, p. _). Such announced policies were 
subsequently tied to the designated public health emergency (Speaker 
Pelosi, July 31, 2020, p. _), and were later established on a permanent 
basis by Speaker's announced policies at the outset of the 117th 
Congress (Speaker Pelosi, Jan. 4, 2021, p. _).



Sec. 1024c. Modifications during public health 
emergency.

    During the 116th Congress, the House adopted a series of 
temporary modifications to proceedings in the House and its committees 
in response to a global pandemic, to be effective for 45 calendar days 
(subject to extension) upon designation by the Speaker following 
notification from the Sergeant-at-Arms of a public health emergency, 
including: (1) authority




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 874]]

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. 9), when gender-based references were also 
eliminated (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). 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 875]]

  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. 22990), 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 (Precedents (Wickham), ch. 5, Sec. 12.1; 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).

  In the 116th and 117th Congresses the House adopted a provision, 
effective during a designated public health emergency, considering the 
yeas and nays as ordered upon any objection for lack of a quorum under 
this clause (sec. 3(a), H. Res. 965, May 15, 2020, p. _; sec. 3(s), H. 
Res. 8, Jan. 4, 2021, p. _).



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 876]]

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).
  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

  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 the 
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).




[[Page 877]]




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 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).

  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 878]]

(Sept. 8, 1977, pp. 28123, 28124; Precedents (Wickham), ch. 5, Sec. 3.1; 
Feb. 27, 1986, p. 3060).

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



1030. Postponing record votes.

  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.


[[Page 879]]

      (E) The question of adopting a motion to recommit.

      (F) The question of adopting a motion to concur in a Senate 
amendment, with or without amendment.

      (G) The question of agreeing to an amendment.

      (H) The question of ordering the previous question on a question 
described in subdivisions (A) through (G).

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

      (J) 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.

  (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) 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 880]]

ponement (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. 43); (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 (now addressed by clause 9) 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. 43); (8) adopting a motion to 
recommit and adopting a motion to concur in a Senate amendment in the 
115th Congress (sec. 2(p), H. Res. 5, Jan. 3, 2017, p. _); (9) the 
question of agreeing to any amendment and the question of ordering the 
previous question thereon (and repealing existing authority to postpone 
only certain amendments) (sec. 102(aa), H. Res. 6, Jan. 3, 2019, p. _). 
Paragraph (c)(2) was added in the 113th Congress to grant the Chair 
discretion to conduct a five-minute vote in the House following a report 
of the Committee of the Whole in certain circumstances (sec. 2(b)(2), H. 
Res. 5, Jan. 3, 2013, p. 25), but paragraph (c) was repealed in its 
entirety in the 116th Congress (and the authority thereunder 
consolidated within clause 9 of this rule) (sec. 102(bb)(1), H. Res. 6, 
Jan. 3, 2019, 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).
  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 post

  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) (Precedents (Wickham), ch. 5, Sec. 12.12). On 
questions not enumerated in this paragraph, unanimous consent is 
required to permit the Speaker to postpone such record votes. The House 
by unanimous consent (e.g., Sept. 17, 2003, p. 22272) or special order 
of business (e.g., June 16, 2015, p. 9656) has authorized the Speaker to 
postpone further proceedings on a specified record vote, or specified 
class thereof, to a date certain beyond the two legislative days 
permitted under this clause. Before the question of agreeing to any 
amendment was incorporated within this clause, the Chair used the 
authority to postpone proceedings on ordering the previous question on 
an amendment and the underlying resolution (e.g., Sept. 17, 2015, p. 
14462).


[[Page 881]]

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). An objection under clause 6 to a 
voice vote takes precedence over a demand for the yeas and nays if used 
as the basis for postponing proceedings under this clause (Sept. 29, 
1997, p. _; Dec. 19, 2018, p. _). 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

  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 (Precedents (Wickham), 
ch. 5, Sec. 12.7).


  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 (Sec. 1015, supra).



[[Page 882]]

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.

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 the 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. 5minute voting.

  9.  (a) The Speaker may reduce to five 
minutes the minimum time for electronic voting on any question that 
follows another electronic vote or a report from the Committee of the 
Whole, if in the discretion of the Speaker Members would be afforded an 
adequate opportunity to vote.



  (b) To the maximum extent practicable, notice of possible five-minute 
voting for a given series of votes shall be issued prior to the first 
electronic vote in the series.


[[Page 883]]

opportunty to vote, notwithstanding intervening business (sec. 102(bb), 
H. Res. 6, Jan. 3, 2019, p. _). A prior version of this clause did 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). 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).
  The Speaker's authority to reduce record votes to five minutes 
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) 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), in each instance provided the first vote in any series was a 15-
minute vote. In the 113th Congress, paragraphs (b) and (c) were added to 
allow five-minute voting in certain circumstances not immediately 
preceded by a 15-minute vote (sec. 2(b)(2), H. Res. 5, Jan. 3, 2013, p. 
25), and this authority was subjected to the same guidance found in 
clause 8(c)(2) that Members have an adequate opportunity to vote in such 
circumstances (sec. 2(q), H. Res. 5, Jan. 3, 2017, p. _), and in the 
116th Congress, the rule was rewritten entirely to allow reduced-time 
voting on any vote following another electronic vote if Members have an 
adequate

  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. 13734; Sept. 15, 2005, 
p. 20442; July 19, 2007, p. 19838). However, the Chair may entertain 
such a request when circumstances ensure sufficient notice (June 24, 
2005, pp. 14220, 14232; June 15, 2007, pp. 15971, 15999), but the Chair 
may decline to recognize for a unanimous-consent request to reduce to 
five minutes the first vote in a series, because the bell and light 
system would not give adequate notice of the initial five-minute vote 
(Oct. 8, 1985, p. 26666). The House has by unanimous consent authorized 
the Speaker to reduce to two minutes electronic votes conducted under 
this clause (e.g., July 23, 2007, p. 20108).


Automatic yeas and nays
  In the 95th Congress, the Speaker announced that changes could be made 
electronically at any time during a vote reduced to five minutes under 
the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70) and changes may now 
be made electronically on a vote of a minimum duration of less than 15 
minutes. Once the Clerk has announced changes, the voting stations close 
and further changes must be made in the well (Nov. 17, 2005, p. 26580), 
and where it was alleged that changes were made electronically in the 
Committee of the Whole on an earlier two-minute vote, the Speaker pro 
tempore opined that the chair of the Committee of the Whole may not yet 
have asked for changes (a sign to the body that the vote was nearing 
closure) at the time the votes were changed (May 19, 2016, p. _).




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 on final adoption 
of a concurrent resolution on the budget or conference report thereon.



[[Page 884]]

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 measure not only 
further continuing appropriations for the current fiscal year but also: 
(1) enacting by reference six general appropriation bills (Oct. 21, 
2003, pp. 25314, 25315); (2) including the texts of two general 
appropriation bills (Mar. 6, 2013, p. 2850).
  This clause was adopted in the 104th Congress (sec. 214, H. Res. 6, 
Jan. 4, 1995, p. 468). It was amended in the 116th Congress to conform 
with the repeal of a provision of clause 5 of rule XXI (sec. 102(dd), H. 
Res. 6, Jan. 3, 2019, p. _). Before the House recodified its rules in 
the


Ballot votes
  During the 116th and 117th Congresses the House adopted a provision, 
effective during a designated public health emergency, considering the 
yeas and nays as ordered on a question upon any request for a recorded 
vote or the yeas and nays, or any objection for lack of a quorum 
pursuant to clause 6 (sec. 3(a), H. Res. 965, May 15, 2020, p. _; sec. 
3(s), H. Res. 8, Jan. 4, 2021, p. _).




1034. Elections by ballot.

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





  This rule was first adopted in 1789 and was amended in 1837 (V, 6003). 
It was renumbered January 3, 1953 (p. 24). The last election by ballot 
seems to have occurred in 1868 (V, 6003).