[Deschler's Precedents] [From the U.S. Government Printing Office via GPO Access] [DOCID:52093c30_txt-35] [Page 11695-11697] CHAPTER 30 Voting C. YEAS AND NAYS AND OTHER VOTES OF RECORD Sec. 34. Taking the Vote Ordering a Recorded Vote--The Old ``Two-step'' Rule Sec. 34.1 One-fifth of a quorum in the House orders that a vote be taken by recorded vote. On Nov. 4, 1971,(4) a separate vote having been demanded in the House on an amendment to a bill (H.R. 7248) to amend and extend the Higher Education Act of 1965 and other acts dealing with higher education, the Speaker (5) put the question on the amendment and a demand for the yeas and nays was heard. Mrs. Edith S. Green, of Oregon, who had made the demand then inquired of the Chair as to whether it was possible to ask for tellers with clerks. When the Chair replied in the affirmative Mrs. Green withdrew her other request (6) and demanded tellers; they were ordered and the following proceedings then occurred: --------------------------------------------------------------------------- 4. 117 Cong. Rec. 39352, 39353, 92d Cong. 1st Sess. 5. Carl Albert (Okla.). 6. Unanimous consent is not required in the House to withdraw a demand for the yeas and nays before the demand has been supported by one-fifth of those present. The situation is different, however, where the demand has been supported; see Sec. 24.8, supra. --------------------------------------------------------------------------- Mrs. Green of Oregon: Mr. Speaker, I demand tellers with clerks [more than one-fifth of a quorum then seconded Mrs. Green's demand.] Tellers with clerks were ordered; and the Speaker appointed as tellers Mr. Erlenborn, Mrs. Green of Oregon, Mr. Perkins, and Mr. Quie. The Committee divided, and the tellers reported that there were--ayes 186, noes 181, not voting 64. . . . [[Page 11696]] The Members' names having been recorded in accordance with their positions on the issue, this marked the first instance of a recorded teller vote. New Single-step Rule Sec. 34.2 Pursuant to the rules adopted in the 93d Congress, one-fifth of a quorum in the House may support a single demand for a ``recorded vote'' (in lieu of the two-step demand for tellers and then for tellers with clerks), and the Chair may, in his discretion, direct that the vote be taken by electronic device. On Feb. 7, 1973,(7) during consideration in the Committee of the Whole of a bill (H.R. 2107) to require the Secretary of Agriculture to carry out the rural environmental assistance program, the Chairman (8) put the question on an amendment in the nature of a substitute, as amended. The question was taken; and the Chair announced that the noes appeared to have it. --------------------------------------------------------------------------- 7. 119 Cong. Rec. 3707, 93d Cong. 1st Sess. 8. Robert N. Giaimo (Conn.). --------------------------------------------------------------------------- Thereafter the following exchange and request took place: Mr. [Wilmer] Mizell [of North Carolina]: Mr. Chairman, I demand tellers. The Chairman: Does the gentleman demand a recorded vote? Mr. Mizell: Yes, Mr. Chairman, I do demand a recorded vote. The Chairman: As the Chair understands, the new procedure in the House is that the demand is for a recorded vote. One-fifth of a quorum having supported the demand, the recorded vote was ordered. The Chairman: . . . The vote will be taken by electronic device.(9) --------------------------------------------------------------------------- 9. See Rule I clause 5, House Rules and Manual Sec. 630a (1995). --------------------------------------------------------------------------- Sec. 34.3 Pursuant to the rules, recorded votes may be conducted by clerks in the discretion of the Chair (when the electronic voting system is inoperative). On July 11, 1973,(10) the Committee of the Whole had under consideration an amendment to a bill (H.R. 8860) to amend and extend the Agricultural Act of 1970. The question on the amendment was taken; and the Chairman announced that the noes appeared to have it. --------------------------------------------------------------------------- 10. 119 Cong. Rec. 23156, 23157, 23161, 93d Cong. 1st Sess. --------------------------------------------------------------------------- Immediately thereafter, Mr. Neal Smith, of Iowa, the proponent of the amendment, demanded a recorded vote, and the following exchange took place: The Chairman: (11) A recorded vote has been demanded. --------------------------------------------------------------------------- 11. William H. Natcher (Ky.). --------------------------------------------------------------------------- [[Page 11697]] The Chair would like first to advise the Members that the electronic device is not working at this time. A recorded vote will require tellers on either side of the aisle, as the gentleman from Iowa (Mr. Smith) knows.(12) --------------------------------------------------------------------------- 12. See Rule I clause 5, House Rules and Manual Sec. 630a (1995). --------------------------------------------------------------------------- Does the gentleman from Iowa insist upon his request? Mr. Smith of Iowa: Mr. Chairman, I demand tellers. Tellers were refused (less than 20 Members rising to second the request) so the amendment was rejected. Later during consideration of the same measure, Mr. Silvio O. Conte, of Massachusetts, offered an amendment on which he subsequently demanded a recorded vote. A sufficient number of Members supporting this demand, the vote was taken by clerks pursuant to the Chairman's discretionary authority in light of the inoperative state of the electronic voting system.