[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress]
[118th Congress]
[House Document 117-161]
[Rules of the House of Representatives]
[Pages 401-406]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 401]]
 
                                Rule III


Voting
    the members, delegates, and resident commissioner of puerto rico




671. Personal interest.

  1.  Every Member shall be present 
within the Hall of the House during its sittings, unless excused or 
necessarily prevented, and shall vote on each question put, unless 
having a direct personal or pecuniary interest in the event of such 
question.


  When the House recodified its rules, it consolidated former rule VIII, 
rule XII, and clause 6(h) of rule X under rule III, except that viable 
provisions of former clause 2 of rule VIII were transferred to current 
clause 3 of rule XX. This clause was adopted initially in 1789, with 
amendment in 1890 (V, 5941). 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 clause was 
found in former clause 1 of rule VIII (H. Res. 5, Jan. 6, 1999, p. 47).

  Leaves of absence are presented pending the motion to adjourn (IV, 
3151), and are usually granted by unanimous consent, but sometimes are 
opposed or even refused (II, 1142-1145). Application for leave of 
absence is properly presented by filing with the Clerk the printed form 
to be secured at the desk rather than by oral request from the floor 
(VI, 199). Whether or not they are privileged is a matter of doubt (II, 
1146, 1147). Excuses for absence, as distinguished from leaves of 
absence, may be granted by less than a quorum (IV, 3000-3002). The 
statutes provide that deductions may be made from the salaries of 
Members who are absent without sufficient excuse (II, 1149, 1150); and 
although this law has been enforced (IV, 3011, footnote; VI, 30, 198), 
its general application is not practical under modern conditions. Form 
of resolution for the arrest of Members absent without leave (VI, 686).



Sec. 672. Control of a Member's own vote.

  It  has been found 
impracticable to enforce the provision requiring every Member to vote 
(V, 5942-5948), and such question, even if entertained, may not 
interrupt a pending record vote (V, 5947). The weight of authority also 
favors the idea that there is no authority in the House to deprive a 
Member of the right to vote (V, 5937, 5952, 5959, 5966, 5967; VIII, 
3072). In one or two early instances the Speaker decided that because of 
personal interest, a Member should not vote (V, 5955, 5958); but on all 
other occasions and in the later practice the Speaker has held that the 
Member and not the Chair should determine this question (V, 5950, 5951; 
VIII, 3071; Speaker Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill, 
Mar. 1, 1979, p. 3748; July 30, 1996, p. 19952; July 16, 2009, pp. 
18125, 18126), and the Speaker has denied the Speaker's own power to 
deprive a Member of the constitutional right to vote (V, 5956; Speaker 
Albert, Dec. 2, 1975, p. 38135; Speaker O'Neill, Mar. 1, 1979, p. 3748).


  The House has at times excused Members from voting in cases of 
personal interest (III, 2294; V, 5962; Aug. 2, 1949, pp. 10591, 10592; 
Oct. 20, 1951, p. 13746; July 21, 1954, p. 11262; July 28, 1955, p. 
11930; July 12, 1956, p. 12566).




Sec. 673. Nature of disqualifying personal interest.

  It  is a 
principle of ``immemorial observance'' that a Member should withdraw 
when a question concerning that Member arises (V, 5949); but it has been 
held that the disqualifying interest must be such as affects the Member 
directly (V, 5954, 5955, 5963), and not as one of a class (V, 5952; 
VIII, 3071, 3072; Speaker Bankhead, May 31, 1939, p. 6359; Speaker 
Albert, Dec. 2, 1975, p. 38135). In a case in which question affected 
the titles of several Members to their seats, each refrained from voting 
in his own case, but did vote on the identical cases of his associates 
(V, 5957, 5958). A Member should not vote on direct questions affecting 
that Member, but has sometimes voted on incidental questions (V, 5960, 
5961).




Sec. 674. Voting.

  2.  (a) A Member may not authorize any 
other person to cast the vote of such Member or record the presence of 
such Member in the House or the Committee of the Whole House on the 
state of the Union.



  (b) No other person may cast a Member's vote or record a Member's 
presence in the House or the Committee of the Whole House on the state 
of the Union.

  Before the House recodified its rules in the 106th Congress, this 
clause was found in former clause 3 of rule VIII (H. Res. 5, Jan. 6, 
1999, p. 47). Gender-based references were eliminated in the 111th 
Congress (sec. 2(l), H. Res. 5, Jan. 6, 2009, p. 7). The Committee on 
Standards of Official Conduct (now Ethics) recommended this addition to 
the rules in its May 15, 1980, report on voting anomalies that had 
occurred in the House (H. Rept. 96-991), and the House adopted the rule 
in the 97th Congress (H. Res. 5, Jan. 5, 1981, pp. 98-113). Even before 
the addition of this clause, however, ``ghost voting'' was considered 
unethical (VII, 1014; Dec. 18, 1987, p. 36274).


Delegates and the Resident Commissioner
  In the 116th and 117th Congresses the House permitted Members to vote 
by proxy on behalf of other Members during a designated public health 
emergency. A Member authorizing another Member to serve as their proxy 
had to inform the Clerk by signed letter, and such authorization was 
revoked upon a subsequent letter of revocation or when an authorizing 
Member voted in person (sec. 1(a), H. Res. 965, May 15, 2020, p. _; sec. 
3(s), H. Res. 8, Jan. 4, 2021, p. _). The Chair did not look behind such 
signed letter (Feb. 26, 2021, p. _). A Member was not permitted to serve 
as a proxy for more than 10 Members concurrently (sec. 2(a), H. Res. 
965, May 15, 2020, p. _). During the 117th Congress, this authority was 
extended to votes taken in the Committee of the Whole and to Delegates 
and the Resident Commissioner voting therein (sec. 3, H. Res. 1230, July 
19, 2022, p. _).




675. Committee service.

  3.  (a) In a Committee of the Whole 
House on the State of the Union, each Delegate and the Resident 
Commissioner shall possess the same powers and privileges as Members of 
the House. Each Delegate and the Resident Commissioner shall be elected 
to serve on standing committees in the same manner as Members and shall 
possess in such committees the same powers and privileges as the other 
members of the committee.


  Before the House recodified its rules in the 106th Congress, this 
provision was found in former rule XII (H. Res. 5, Jan. 6, 1999, p. 47). 
The first form of paragraph (a) was adopted in 1871, and it was 
perfected by amendments in 1876, 1880, 1887, and 1892 (II, 1297). 
Reference to the Resident Commissioner was first found in 1904 (II, 
1306). Paragraph (a) was again amended on January 2, 1947 (Legislative 
Reorganization Act of 1946), August 2, 1949 (p. 10618), February 2, 1951 
(p. 883), January 22, 1971 (H. Res. 5, 92d Cong., p. 144), January 3, 
1973 (H. Res. 6, 93d Cong., p. 26), January 3, 1991 (H. Res. 5, 102d 
Cong., p. 39), and January 5, 2011 (H. Res. 5, 112th Cong., p. 81) 
(technical correction). Paragraph (a) was completely revised in the 103d 
Congress (H. Res. 5, Jan. 5, 1993, p. 49) to provide that each of the 
Delegates and the Resident Commissioner be elected to committees of the 
House on the same bases, vote in any committees on which they serve, and 
vote on questions arising in the Committee of the Whole House on the 
state of the Union. The latter power was subject to former clause 2(d) 
of rule XXIII (later changed to clause 6(h) of rule XVIII) (providing 
for immediate reconsideration in the House of questions resolved in the 
Committee of the Whole by a margin within which the votes of Delegates 
and the Resident Commissioner were decisive; see Sec. 985, infra). The 
changes effected to this rule in the 103d Congress were revoked in the 
104th Congress (sec. 212, H. Res. 6, Jan. 4, 1995, p. 462), reinstated 
in the 110th Congress (H. Res. 78, Precedents (Smith), ch. 7, 
Sec. 2.17), revoked in the 112th Congress (sec. 2(e)(4), H. Res. 5, Jan. 
5, 2011, p. 80), and reinstated in the 116th Congress (sec. 102(b)(1), 
H. Res. 6, Jan. 3, 2019, p. _). In the 116th Congress, clause 6 of rule 
XVIII was amended to codify a previous interpretation of this rule that 
Delegates and the Resident Commissioner are counted for purposes of 
establishing a quorum in the Committee of the Whole (see Sec. Sec. 982, 
1A983a, and 1A984, infra; Feb. 8, 2007, p. 3550).

  The constitutionality of granting to Delegates the right to vote in 
the Committee of the Whole under this rule, as circumscribed by former 
clause 2(d) of rule XXIII (later changed to clause 6(h) of rule XVIII), 
was upheld based on the premise that immediate ``revote'' where votes 
cast by Delegates had been decisive rendered their votes merely symbolic 
and not an investment of true legislative power. Michel v. Anderson, 14 
F.3d 623 (D.C. Cir. 1994).

  The Office of Delegate was established by ordinance of the Continental 
Congress and confirmed by a law of Congress (I, 400, 421). The nature of 
the office has been the subject of much discussion (I, 400, 403, 473); 
and except as provided by law (I, 431, 526) the qualifications of the 
Delegate also have been a matter of discussion (I, 421, 423, 469, 470, 
473). A territory or district must be organized by law before the House 
will admit a Delegate (I, 405, 407, 411, 412). The Office of Delegate 
from the District of Columbia was established by Public Law 91-405 (84 
Stat. 845). The Offices of Delegate from the Territories of Guam and the 
Virgin Islands were established by Public Law 92-271 (86 Stat. 118). The 
Office of Delegate from American Samoa was established by Public Law 95-
556 (92 Stat. 2078) and was first filled by the general Federal election 
of 1980. The Office of Delegate from the Commonwealth of the Northern 
Mariana Islands was established by Public Law 110-229 (122 Stat. 868). 
The Office of Resident Commissioner was established (with a four-year 
term) by the Act of March 2, 1917 (39 Stat. 963; 48 U.S.C. 891). The Act 
of May 17, 1932, changed the name of Porto Rico to Puerto Rico (48 
U.S.C. 731a).

  Under an earlier practice, Delegates did not vote in committee (VI, 
243); but this had not always been so (II, 1301). The Resident 
Commissioner, who under the rules of the 91st and earlier Congresses, 
was designated as an additional member of the Committees on Agriculture, 
Armed Services, and Interior and Insular Affairs, is now elected to 
committees in the same fashion as are other Members.

  The law provides that on the floor of the House a Delegate may debate 
(II, 1290), and may in debate call a Member to order (II, 1295), may 
make any motion that a Member may make except the motion to reconsider 
(II, 1291, 1292), and may make a point of order (VI, 240). A Delegate 
has even moved an impeachment (II, 1303). However, a resolution offered 
from the floor to permit the Delegate of the District of Columbia to 
vote on the articles of impeachment against the President was held not 
to constitute a question of the privileges of the House under rule IX 
(Precedents (Smith), ch. 7, Sec. 2.6). A Delegate may be appointed a 
teller (II, 1302); but the law forbids a Delegate to vote (II, 1290). A 
Delegate has been recognized to object to the consideration of a bill 
(VI, 241), to a unanimous-consent request to concur in a Senate 
amendment (Precedents (Smith), ch. 7, Sec. 2.4), and has made reports 
for committees (July 1, 1958, p. 12870). A discharge petition may not be 
signed by a Delegate or the Resident Commissioner, even by unanimous 
consent (Precedents (Smith), ch. 7, Sec. 2.7) because the phrase in 
clause 2 of rule XV ``a majority of the total membership of the House'' 
is construed to mean 218 Members (Speaker Byrns, Apr. 15, 1936, p. 
5509), not including Delegates or the Resident Commissioner. The rights 
and prerogatives of Delegates in parliamentary matters are not limited 
to legislation affecting their own territory (VI, 240).

  At the organization of the House, the Delegates and Resident 
Commissioner are sworn (I, 400, 401); but the Clerk does not put them on 
the roll (I, 61, 62; Precedents (Smith), ch. 7, Sec. 2.5). A Delegate 
(Jan. 9, 2019, p. _) and the Resident Commissioner (Jan. 10, 2023, p. _) 
have been sworn after opening day of a Congress.

  A Delegate resigns in a communication addressed to the Speaker (II, 
1304). A Delegate may be arrested and censured for disorderly conduct 
(II, 1305), but there has been disagreement as to whether expulsion is 
by a majority or two-thirds vote (I, 469).


  The privileges of the floor with the right to debate were extended to 
Resident Commissioners in the 60th Congress (VI, 244). Before the 
independence of the Philippines it was represented in the House by a 
Resident Commissioner (Deschler, ch. 7, Sec. 3.3).




Sec. 676. Appointment to select, joint, and conference 
committees.

    (b) The Delegates and the Resident Commissioner may be 
appointed to any select committee, joint committee, or conference 
committee.


  Before the House recodified its rules in the 106th Congress, paragraph 
(b) was found in former clause 6(h) of rule X (H. Res. 5, Jan. 6, 1999, 
p. 47). Paragraph (b), effective January 3, 1975, initially authorized 
the appointment of Delegates and the Resident Commissioner to certain 
conferences (H. Res. 988, 93d Cong., Oct. 8, 1974, p. 34470). Paragraph 
(b) was amended in the 96th Congress to authorize their appointment to 
select committees (H. Res. 5, Jan. 15, 1979, pp. 7-16), in the 103d 
Congress to authorize their appointment to any conference (H. Res. 5, 
Jan. 5, 1993, p. 49), and in the 116th Congress to authorize their 
appointment to any joint committee (sec. 102(c), H. Res. 6, Jan. 3, 
2019, p._).


[[Page 406]]

could be appointed to a select committee only with the 
permission of the House (Precedents (Smith), ch. 7, Sec. 2.10).


  Before the adoption and refinement of this paragraph, a Delegate or 
the Resident Commissioner could not be appointed to a conference 
committee (Precedents (Smith), ch. 7, Sec. 2.9; July 20, 1973, p. 
25201); and they