Rules of The House of Representatives of The United States
RULE XX: VOTING AND QUORUM CALLS
1. (a) The House shall divide after the
Speaker has put a question to a vote by
voice as provided in clause 6 of rule I if
the Speaker is in doubt or division is
demanded. Those in favor of the question shall first rise from their seats to
be counted, and then those opposed.
(b) If a Member, Delegate, or Resident
Commissioner requests a recorded
vote, and that request is supported by
at least one-fifth of a quorum, the vote
shall be taken by electronic device unless
the Speaker invokes another procedure
for recording votes provided in
this rule. A recorded vote taken in the
House under this paragraph shall be
considered a vote by the yeas and nays.
(c) In case of a tie vote, a question shall be lost.
2. (a) Unless the Speaker directs otherwise,
the Clerk shall conduct a
record vote or quorum call by electronic
device. In such a case the Clerk
shall enter on the Journal and publish
in the Congressional Record, in alphabetical
order in each category, the
names of Members recorded as voting
in the affirmative, the names of Members
recorded as voting in the negative,
and the names of Members answering
present as if they had been called in
the manner provided in clause 3. A
record vote by electronic device shall
not be held open for the sole purpose of
reversing the outcome of such vote. 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.
(b) When the electronic voting system
is inoperable or is not used, the
Speaker or Chairman may direct the
Clerk to conduct a record vote or
quorum call as provided in clause 3 or
4.
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.
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.
(b) On the demand of a Member, or at
the suggestion of the Speaker, the
names of Members sufficient to make a
quorum in the Hall of the House who
do not vote shall be noted by the Clerk,
entered on the Journal, reported to the
Speaker with the names of the Members
voting, and be counted and announced
in determining the presence of
a quorum to do business.
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 him to arrest those Members
for whom no sufficient excuse is
made and shall secure and retain their
attendance. The House shall determine
on what condition they shall be discharged.
Unless the House otherwise
directs, the Members who voluntarily
appear shall be admitted immediately
to the Hall of the House and shall report
their names to the Clerk to be entered
on the Journal as present.
(c)(1) If the House should be without
a quorum due to catastrophic circumstances,
then-
(A) until there appear in the House
a sufficient number of Representatives
to constitute a quorum among
the whole number of the House, a
quorum in the House shall be determined
based upon the provisional
number of the House; and
(B) the provisional number of the
House, as of the close of the call of
the House described in subparagraph
(3)(C), shall be the number of Representatives
responding to that call
of the House.
(2) If a Representative counted in determining
the provisional number of
the House thereafter ceases to be a
Representative, or if a Representative
not counted in determining the provisional
number of the House thereafter
appears in the House, the provisional
number of the House shall be adjusted
accordingly.
(3)For the purposes of subparagraph
(1), the House shall be considered to be
without a quorum due to catastrophic
circumstances if, after a motion under
clause 5(a) of rule XX has been disposed
of and without intervening adjournment,
each of the following occurs in
the stated sequence:
(A) A call of the House (or a series of calls of the House) is closed after aggregating a period in excess of 72 hours (excluding time the House is in recess) without producing a quorum.
(B) The Speaker— (i) with the Majority Leader and the Minority Leader, receives from the Sergeant-at-Arms (or his designee) a catastrophic quorum failure report, as described in subparagraph (4); (ii) consults with the Majority Leader and the Minority Leader on the content of that report; and (iii) announces the content of that report to the House.
(C) A further call of the House (or a series of calls of the House) is closed after aggregating a period in excess of 24 hours (excluding time the House is in recess) without producing a quorum.
(4)(A) For purposes of subparagraph (3), a catastrophic quorum failure report is a report advising that the inability of the House to establish a quorum is attributable to catastrophic circumstances involving natural disaster, attack, contagion, or similar calamity rendering Representatives incapable of attending the proceedings of the House. (B) Such report shall specify the following:
(i) The number of vacancies in the House and the names of former Representatives whose seats are vacant.
(ii) The names of Representatives considered incapacitated.
(iii) The names of Representatives not incapacitated but otherwise incapable of attending the proceedings of the House.
(iv) The names of Representatives unaccounted for.
(C) Such report shall be prepared on
the basis of the most authoritative information
available after consultation
with the Attending Physician to the
Congress and the Clerk (or their respective
designees) and pertinent public
health and law enforcement officials.
(D) Such report shall be updated
every legislative day for the duration
of any proceedings under or in reliance
on this paragraph. The Speaker shall
make such updates available to the
House.
(5) An announcement by the Speaker under subparagraph (3)(B)(iii) shall not be subject to appeal.
(6) Subparagraph (1) does not apply to a proposal to create a vacancy in the representation from any State in respect of a Representative not incapacitated but otherwise incapable of attending the proceedings of the House.
(7) For purposes of this paragraph:
(A) The term ''provisional number of the House'' means the number of Representatives upon which a quorum will be computed in the House until Representatives sufficient in number to constitute a quorum among the whole number of the House appear in the House.
(B) The term ''whole number of the House'' means the number of Representatives chosen, sworn, and living whose membership in the House has not been terminated by resignation or by the action of the House.
(d) Upon the death, resignation, expulsion, disqualification, removal, or swearing of a Member, the whole number of the House shall be adjusted accordingly. The Speaker shall announce the adjustment to the House. Such an announcement shall not be subject to appeal. In the case of a death, the Speaker may lay before the House such documentation from Federal, State, or local officials as he deems pertinent.
6. (a) When a quorum fails to vote on a question, a quorum is not present, and objection is made for that cause (unless the House shall adjourn)—
(1) there shall be a call of the House;
(2) the Sergeant-at-Arms shall proceed forthwith to bring in absent Members; and
(3) the yeas and nays on the pending question shall at the same time be considered as ordered.
(b) The Clerk shall record Members
by the yeas and nays on the pending
question, using such procedure as the
Speaker may invoke under clause 2, 3,
or 4. Each Member arrested under this
clause shall be brought by the Sergeant-
at-Arms before the House,
whereupon he shall be noted as present,
discharged from arrest, and given an
opportunity to vote; and his vote shall
be recorded. If those voting on the
question and those who are present and
decline to vote together make a majority
of the House, the Speaker shall declare
that a quorum is constituted, and
the pending question shall be decided
as the requisite majority of those voting
shall have determined. Thereupon
further proceedings under the call shall
be considered as dispensed with.
(c) At any time after Members have
had the requisite opportunity to respond
by the yeas and nays, but before
a result has been announced, a motion
that the House adjourn shall be in
order if seconded by a majority of
those present, to be ascertained by actual
count by the Speaker. If the House
adjourns on such a motion, all proceedings
under this clause shall be considered
as vacated.
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.
(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).
(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.
Postponement of proceedings
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) oon any of the questions specified in subparagraph (2), the Speaker may postpone further proceedings to a designated place in the legislative schedule within two additional legislative days; and
(B) on the question of agreeing to the Speaker's approval of the Journal, the Speaker may postpone further proceedings to a designated place in the legislative schedule on that legislative day.
(2) The questions described in subparagraph (1) are as follows:
(A) The question of passing a bill or joint resolution.
(B) The question of adopting a resolution or concurrent resolution.
(C) The question of agreeing to a motion to instruct managers on the part of the House (except that proceedings may not resume on such a motion under clause 7(c) of rule XXII if the managers have filed a report in the House).
(D) The question of agreeing to a conference report.
(E) The question of ordering the previous question on a question described in subdivision (A), (B), (C), or (D).
(F) The question of agreeing to a motion to suspend the rules.
(G) The question of agreeing to a motion to reconsider or the question of agreeing to a motion to lay on the table a motion to reconsider.
(H) The question of agreeing to an amendment reported from the Committee of the Whole.
(b) At the time designated by the
Speaker for further proceedings on
questions postponed under paragraph
(a), the Speaker shall resume proceedings
on each postponed question.
(c) The Speaker may reduce to five
minutes the minimum time for electronic
voting on a question postponed
under this clause, or on a question incidental
thereto, that follows another
electronic vote without intervening
business, so long as the minimum time
for electronic voting on the first in any
series of questions is 15 minutes.
(d) If the House adjourns on a legislative
day designated for further proceedings
on questions postponed under
this clause without disposing of such
questions, then on the next legislative
day the unfinished business is the disposition
of such questions.
Five-minute votes
9. The Speaker may reduce to five
minutes the minimum time for electronic
voting on any question arising
without intervening business after an
electronic vote on another question if
notice of possible five-minute voting
for a given series of votes was issued
before the preceding electronic vote.
Automatic yeas and nays
10. The yeas and nays shall be considered
as ordered when the Speaker puts
the question on passage of a bill or
joint resolution, or on adoption of a
conference report, making general appropriations,
or increasing Federal income
tax rates (within the meaning of
clause 5 of rule XXI), or on final adoption
of a concurrent resolution on the
budget or conference report thereon.
Ballot votes
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.
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Rule XXVII Rule XXVIII