[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 58. Voting]
[From the U.S. Government Printing Office, www.gpo.gov]
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CHAPTER 58 - VOTING
HOUSE PRACTICE
A. Generally
Sec. 1. In General; Kinds of Votes
Sec. 2. The Electronic Voting System
Sec. 3. Prohibitions Against Voting by Proxy or for Absent Members
B. Role of the Chair; Duties
Sec. 4. In General; Putting the Question
Sec. 5. Voting by the Chair
Sec. 6. Chair's Responsibility as to the Count
C. Rights and Duties of Members
Sec. 7. In General; Duty to Vote
Sec. 8. Disqualification to Vote
D. Nonrecord Votes
Sec. 9. In General; Voice Votes
Sec. 10. Voting by Division
Sec. 11. Teller Votes
E. Votes of Record
Sec. 12. Yea-and-Nay Votes; Recorded Votes
Sec. 13. Ordering the Yeas and Nays
Sec. 14. Demanding the Yeas and Nays
Sec. 15. Voting by the Yeas and Nays
Sec. 16. Automatic Yea-and-Nay Votes
Sec. 17. Roll Call Votes
Sec. 18. Teller Votes With Clerks
Sec. 19. Pairing
F. Voting Periods; Time Limitations
Sec. 20. In General; 15-minute Votes
Sec. 21. Five-Minute Votes in the House; ``15-and-5'' Votes
Sec. 22. Postponed and Clustered Votes in Committee of the Whole
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Sec. 23. Postponed and Clustered Votes in the House
G. Vote Changes, Corrections, and Announcements
Sec. 24. In General; Vote Changes
Sec. 25. Correcting the Congressional Record and the Journal
Sec. 26. Recapitulations
Sec. 27. Personal Explanations
H. Majority Votes; Super-majority Votes
Sec. 28. In General; Tie Votes
Research References
U.S. Const. art. I Sec. Sec. 5, 7
5 Hinds Sec. Sec. 5925-6105
8 Cannon Sec. Sec. 3065-3162
Deschler-Brown Ch 30 Sec. Sec. 1-59
Manual Sec. Sec. 75-80, 630, 631, 1012-1034
A. Generally
Sec. 1 . In General; Kinds of Votes
Generally
The rules of the House identify four methods of voting that are of
regular use in the full House:
Voice votes under rule I clause 6 in which Members express
their voting preference simply by calling out ``aye'' or ``no''
in unison.
Division votes under rule XX clause 1(a) in which Members
stand to be counted as either for or against a proposition.
Yea-and-nay votes, which require the support of one-fifth of
the Members present under article I, section 5 of the
Constitution or which are ordered automatically when a Member
objects to a pending vote on the ground that a quorum is not
present under rule XX clause 6. Yea-and-nay votes usually are
taken by electronic device.
Recorded votes under rule XX clause 1(b), which require the
support of one-fifth of a quorum (44 when a quourm is 218). A
recorded vote is considered to be a vote by the yeas and nays
when taken in the House.
When the House is operating in the Committee of the Whole, all of
these commonly used methods of voting are available except for the
yeas and nays, which is a vote used only in the House. Under rule
XVIII clause 6(e), a recorded vote may be ordered in the Committee of
the Whole when
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the demand is supported by at least 25 Members. The automatic vote by
the yeas and nays, when a vote is objected to on the grounds that a
quorum is not present, is not available in the Committee of the Whole.
Sometimes these voting methods are used in various combinations,
one after the other, depending on the circumstances. In the usual
case, the Chair first puts a question to a vote by voice under rule I
clause 6. The Chair may initiate, or any Member may ask for, a
division vote. A record vote may be demanded before or after a
division vote.
Less frequently used, but still available on a stand-by basis
under rule XX, are the following: (1) roll call votes, in which each
Member's response is given orally as the Clerk calls the roll in
alphabetical order (rule XX clause 3); and (2) votes by tellers with
clerks, in which each Member fills out and signs a vote tally card and
submits it to a designated clerk teller (rule XX clause 4).
Rule XX clause 10 requires that the question on final passage of
general appropriation bills, budget resolutions, bills increasing
Federal income tax rates, or conference reports thereon be taken by
the yeas and nays. Article I, section 7 of the Constitution requires
that the question of passing a bill over the veto of the President
also must be by the yeas and nays. Under rule XXII clause 12, the vote
to close a conference committee meeting also is required to be taken
by the yeas and nays.
All votes are in order only when the Chair puts the question.
Unauthorized votes, as where a Member asks for a ``straw'' vote or a
``show of hands'' are not in order. Deschler-Brown Ch 30 Sec. 2.3.
For a discussion of voting in committees, see Committees.
Voting by Ballot
Voting on an election in the House by ballot, although authorized
by rule XX clause 11, is largely obsolete. Manual Sec. 1034. There has
been no instance of voting by ballot under this rule since 1868, when
the managers of an impeachment proceeding were elected by ballot. 3
Hinds Sec. 2417.
Sec. 2 . The Electronic Voting System
In General
The electronic voting system was installed in the House Chamber in
1972 pursuant to the Legislative Reorganization Act of 1970 and
adopted as a voting method by amendments to rule XX. Manual Sec. 1012.
The new system replaced the lengthy call of the roll and votes by
cards with the clerks. Instead, votes are conducted by a computerized
device that simultaneously receives and records votes cast by Members
during the voting pe
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riod. A master computer processes voting information for immediate and
subsequent retrieval. Members may still vote by card with the clerks
in the well.
Verification of Vote; Changing Votes
Some 44 electronic voting stations are available in the Chamber.
After using one of them, a Member may verify that his vote has been
properly recorded by reinserting his card in an alternate voting
station. Illumination of the button corresponding to the last vote
preference will indicate that the vote has been recorded by the
system. In one instance, where the voting system failed for one
minute, the Chair allowed Members additional time to check the
electronic display panel to verify whether their votes were properly
recorded. 103-1, Sept. 29, 1993, p 23030.
A Member may change his vote--if more than five minutes remain or
on five-minute votes--by depressing one of the other pushbuttons. With
less than five minutes remaining during a 15-minute vote, changes must
be made in the well, as with votes cast after the voting stations have
been closed but before the Chair's announcement of the result. Manual
Sec. 1014; vote changes generally, see Sec. 25, infra.
Effect of Malfunction
Rule XX clause 2(b) authorizes the Chair to conduct record votes
and quorum calls under the standby procedures prescribed in rule XX
when the electronic voting system malfunctions. For example, the Chair
may vacate the results of an electronic vote in progress when the
system malfunctions and direct that the record vote be conducted by
call of the roll under rule XX clause 3. Manual Sec. 1014. He also may
announce that Members who have been recorded before the malfunction of
the electronic device will be included in the new tally of those
voting. Deschler-Brown Ch 30 Sec. 31.15. When the system again becomes
operative, its use resumes at the Chair's discretion. Deschler-Brown
Ch 30 Sec. 31.11.
The question whether the electronic voting system is functioning
reliably is in the discretion of the Chair, who may base a judgment on
certification by the Clerk. For example, the Speaker continued to use
the electronic system, even though the electronic display panel was
temporarily inoperative, where the voting stations continued in
operation and Members were able to verify their votes. 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 the electronic
display panel malfunctioned, and the Chair could not obtain
verification from the Clerk that the vote would be recorded with 100
percent accuracy. Manual Sec. 1014. A malfunction of the
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monitor at the majority or minority table will not prevent use of the
electronic system where an alternate monitor may be used. 93-2, Aug.
7, 1974, p 27219.
Sec. 3 . Prohibitions Against Voting by Proxy or for Absent Members
Whether in the House or the Committee of the Whole, Members must
vote in person. Manual Sec. 674; 7 Cannon Sec. 1014. No one other than
a Member may cast a vote or record a Member's presence. A Member may
not cast a vote on behalf of another Member, and an authorization to
that end is forbidden by rule III clause 2.
The use of an electronic voting card belonging to a Member who is
in absentia--sometimes referred to as ``ghost voting''--is considered
a serious breach of ethics. A Member's participation in such activity,
either by direction or by subsequent acquiescence or ratification, is
a matter warranting sanction by the House. The House has reprimanded a
Member for failing to prevent unauthorized use of his voting card.
Deschler-Brown Ch 30 Sec. 3.16.
B. Role of the Chair; Duties
Sec. 4 . In General; Putting the Question
An essential step in bringing a pending proposition to a vote
occurs when the Speaker or Chairman states and then puts the question
as prescribed by rule I clause 6. Manual Sec. 630. It is a breach of
order for the Speaker to refuse to put a question that is in order.
Manual Sec. 304.
A question may be put to a vote only by the Chair. It is not in
order for a Member having the floor to usurp the role of the Chair in
this regard, as by asking for a demonstration of support, such as a
``straw vote'' before the question is put. Manual Sec. 630; Deschler-
Brown Ch 30 Sec. 2.3. The proposition as stated by the Chair in
putting the question, and not as stated by the sponsoring Member, is
the proposition voted upon. 6 Cannon Sec. 247.
Putting the question on engrossment and third reading before
passage of a bill or joint resolution is required by rule XVI clause
8. However, where a statute requires the vote to occur on final
passage immediately following the conclusion of general debate, the
Speaker puts the question on final passage without putting the
question on ordering the previous question or on engrossment and third
reading. 99-1, Apr. 23, 1985, p 9085.
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Sec. 5 . Voting by the Chair
Right to Vote
The Speaker has the same right to vote as other Members, and he
has exercised this right even in contravention of early House rules
attempting to limit his voting authority. Manual Sec. 631; 5 Hinds
Sec. Sec. 5964, 5966. He may vote ``aye'' or ``no'' at any time before
the final announcement of the vote. Deschler-Brown Ch 30 Sec. 21.2. On
an electronic vote, the Speaker may direct the Clerk to record his
vote and verifies that instruction by submitting a vote card. Manual
Sec. 631. On roll call votes, the Speaker's name is not called except
at his request, and then at the end of the roll. Manual Sec. 631.
Members, other than the Speaker, who are occupying the Chair vote by
submitting a voting card to the Clerk, who then enters the vote.
In the early history of the House, Speakers exercised the right to
vote sparingly. 5 Hinds Sec. 5964 (note). In more recent Congresses,
it has become more common for Speakers to vote, especially on
important legislation.
Duty to Vote
Under rule I clause 7, the Speaker is not required to vote
``except when his vote would be decisive . . . .'' Manual Sec. 631.
The Speaker may vote to make a tie and thus defeat a measure or to
break a tie and thus pass or adopt a measure. 8 Cannon Sec. 3100;
Deschler Ch 6 Sec. 5.
Sec. 6 . Chair's Responsibility as to the Count
One of the responsibilities of the Speaker is to count the number
of Members rising in support of, or against, a pending proposition, as
where a vote is taken by division. One of the suppositions on which
parliamentary law is founded is that the Speaker will not betray his
duty to make an honest count of the vote. 5 Hinds Sec. 6002. The
integrity of the Chair in counting a vote is not subject to a direct
challenge. Manual Sec. 629; 8 Cannon Sec. 3115. Appeals may not be
taken from the Chair's count of the number rising to demand a vote. 8
Cannon Sec. 3105; Deschler-Brown Ch 30 Sec. 33.5. An appeal also will
not lie from a count of those supporting the demand for the yeas and
nays (Deschler-Brown Ch 30 Sec. 26.8) or from a decision refusing
recapitulation of a vote (8 Cannon Sec. 3128). The remedy of a Member
dissatisfied with the Speaker's count of Members rising, as on a
division vote, is to demand a record vote. 8 Cannon Sec. Sec. 3115-
3118.
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C. Rights and Duties of Members
Sec. 7 . In General; Duty to Vote
The casting of a vote (or the refusal to cast a vote) is the
responsibility of the individual Member. Although rule III clause 1
states that Members ``shall vote on each question put . . . '', in
practice the House does not enforce this provision. Manual Sec. 671.
The Speaker has no power to compel a Member to vote. 5 Hinds
Sec. 5942. House actions to compel a Member to cast a vote have been
uniformly unsuccessful. 5 Hinds Sec. Sec. 5943-5948. By the same
token, the House does not excuse a Member from voting other than by
granting ``leaves of absence'' under rule III clause 1. A unanimous-
consent request in the Committee of the Whole to excuse a Member from
voting is out of order. Deschler-Brown Ch 30 Sec. 3.3.
Sec. 8 . Disqualification to Vote
Generally; Conviction of Crime
The precedents suggest that the House has no authority to deprive
a Member of his inherent right to vote. Manual Sec. 672; 5 Hinds
Sec. Sec. 5952, 5966, 5967; 8 Cannon Sec. 3072.
Rule XXIII clause 10, part of the Code of Official Conduct,
provides that a Member who is convicted of a crime for which a prison
sentence of two or more years could be imposed ``should'' refrain from
voting in the House or the Committee of the Whole until reinstatement
of the presumption of his innocence or until he is reelected to the
House. Manual Sec. 1095. The term ``conviction'' in clause 10 is
construed to include a plea of guilty or a certified finding of guilt
even though sentencing may occur later. H. Rept. 94-76.
Personal or Pecuniary Interest
Rule III clause 1 provides that a Member is not required to vote
where he has a ``direct personal or pecuniary'' interest in the
question. Manual Sec. 671. In rare instances the Speaker has ruled
that a Member, because of his personal interest in the outcome, should
not vote. 5 Hinds Sec. Sec. 5955, 5958. However, ordinarily the Member
himself--and not the Chair--determines this question. 5 Hinds
Sec. Sec. 5950, 5951; 8 Cannon Sec. 3071; Deschler-Brown Ch 30
Sec. 3.1. The Speaker will not sustain a point of order challenging
the personal or pecuniary interest of Members in a pending question,
and will defer to the judgment of each Member as to the directness of
his interest. Manual Sec. 672.
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A Member may disqualify himself from voting on a measure because
of a personal or pecuniary interest in the measure being considered
and thus announce an intention to vote ``present'' on the issue.
Deschler-Brown Ch 30 Sec. Sec. 3.5, 3.7.
Where the subject of a vote before the House affects an entire
class, the personal interest of Members who belong to the class is not
such as to disqualify them from voting. 5 Hinds Sec. 5952. In one
instance, for example, during consideration of a bill providing
financial assistance to States and political subdivisions, the Speaker
indicated that the bill was sufficiently general in scope that Members
holding municipal bonds or who had other financial interests dependent
on the fiscal affairs of a particular city would merely be within a
class of similarly situated individuals whose pecuniary interest would
not be so direct as to preclude them from voting on the bill.
Deschler-Brown Ch 30 Sec. 3.10.
D. Nonrecord Votes
Sec. 9 . In General; Voice Votes
Votes not of record are those in which no official public record
is required of the names or votes of the participating Members. There
are two types of nonrecord votes. The first is a voice vote under rule
I clause 6. The second is a vote by division under rule XX clause
1(a). Authority for demanding a vote by tellers was eliminated from
the rules in the 103d Congress. Sec. 11, infra.
Voice votes are the simplest and most commonly used of all voting
procedures. Such votes are based on the volume and diversity of sound
produced by Members as they respond either ``aye'' or ``no'' to the
question put by the Chair. Manual Sec. 630; 5 Hinds Sec. 5926. If the
Chair is in doubt about the result, or if any Member requests it, a
division vote is in order. Manual Sec. 1012. In a division vote, those
in favor and then those opposed are asked to stand and be counted.
Sec. 10, infra.
In most situations, the Speaker must put the pending question to a
voice vote under rule I clause 6 before entertaining a demand for a
recorded vote or the yeas and nays. Deschler-Brown Ch 30 Sec. 7.1.
Sec. 10 . Voting by Division
Generally; Form
A demand for a division (standing) vote is in order following the
taking of a voice vote. Deschler-Brown Ch 30 Sec. 17.1. Under rule XX
clause 1,
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after a voice vote, if the Speaker is in doubt or a division is called
for, ``[T]he House shall divide . . . . Those in favor of the question
shall first rise from their seats to be counted, and then those
opposed.'' Manual Sec. 1012. Only one demand for a vote by division on
a pending question is in order. Deschler-Brown Ch 30 Sec. 11.9.
Member: Mr. Speaker, I demand a division.
Chair: A division is demanded. As many as are in favor will rise
and stand until counted. . . .
The ayes will be seated and the noes will stand.
Timeliness
A demand for a division comes too late when the Member making it
is not on his feet seeking recognition at the time the Chair announces
the result of the voice vote. Deschler-Brown Ch 30 Sec. 9.9. However,
the announcement of a voice vote does not preclude a subsequent demand
for a division providing no intervening business has transpired and
the proponent of a division was on his feet seeking recognition at the
time of the announcement. Deschler-Brown Ch 30 Sec. 9.5.
Precedence of Demand for Recorded Vote or Yea-and-Nay Vote
A demand for the yeas and nays in the House under article I,
section 5 of the Constitution takes precedence over a demand for a
division. Deschler-Brown Ch 30 Sec. 14.1.
A demand for the yeas and nays may be made before or after a
division vote, or even while a division vote is being announced. 5
Hinds Sec. 6039. However, the demand may not interrupt a division
while the Chair is counting. Manual Sec. 1012; Deschler-Brown Ch 30
Sec. 10.3. A demand for a division vote is not precluded by the fact
that the yeas and nays have been refused. 8 Cannon Sec. 3103.
When the Chair has put the question and is in doubt as to the
result, the Chair may, on his own initiative under rule XX clause 1(a)
conduct a vote by division before entertaining a demand for a record
vote. Deschler-Brown Ch 30 Sec. 9.2. He also may entertain a demand
for a record vote without first conducting a division. Deschler-Brown
Ch 30 Sec. 9.3. However, his count cannot be interrupted by a demand
for a record vote. Deschler-Brown Ch 30 Sec. 10.4.
Interruptions During the Count
The Chair generally declines to recognize Members while he is
counting those standing on a division vote. Parliamentary inquiries
are entertained before (not after) the Chair asks those in favor of
the proposition to rise. Deschler-Brown Ch 30 Sec. 10.2. Under rule
XXII clause 7, a conference re
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port may not be presented while the House is dividing. Manual
Sec. 1077. Messages are not received during a division. Manual
Sec. 562.
Because a vote by division takes no cognizance of Members present
but not voting, the number of votes counted by division does not
necessarily establish a lack of a quorum. Manual Sec. 1012.
Accordingly, the Chair may interrupt the count of Members standing in
favor of a proposition in order to count for a quorum pursuant to a
point of order that a quorum is not present. Manual Sec. 1012.
Sec. 11 . Teller Votes
Under the earlier practice of the House, a Member could demand a
teller vote if supported by sufficient Members. 5 Hinds Sec. 5986. The
rule authorizing a demanded teller vote was abolished in 1993. Manual
Sec. 1013. Under rule XX clause 4, only the Speaker may direct a vote
by tellers. For an explanation of the method of taking teller votes,
see Deschler-Brown Ch 30 Sec. 16. For a discussion of teller votes and
the Speaker's discretion, see Sec. 18, infra.
E. Votes of Record
Sec. 12 . Yea-and-Nay Votes; Recorded Votes
Yea-and-Nay Votes Distinguished
There are two primary methods of taking a vote of record in the
House of Representatives. Voting by the yeas and nays under article I,
section 5 of the Constitution is the preeminent method of voting and
its initiation is to be distinguished from the recorded vote available
under separate House rules. Rule XX clause 6 also orders the yeas and
nays in the absence of quorum whenever a vote is objected to for lack
of a quorum. Manual Sec. 1025. Yea-and-nay votes are not in order in
the Committee of the Whole. 4 Hinds Sec. 4722. Recorded votes, on the
other hand, are available in both the House (rule XX clause 1(b)) and
the Committee of the Whole (rule XVIII clause 6(e)).
Yea-and-nay votes require the support of only one-fifth of those
present. Sec. 14, infra. On the other hand, a recorded vote in the
House requires the support of one-fifth of a quorum (44 when a quorum
is 218). Deschler-Brown Ch 30 Sec. 34.1. A request for a recorded vote
in the Committee of the Whole must be supported by 25 Members under
rule XVIII clause 6(e). It is the Chair's statement of the demand, and
not the Member's request,
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that controls whether one-fifth of those present or one-fifth of a
quorum is required to support the demand. Deschler-Brown Ch 30
Sec. 2.2.
Demanding a Recorded Vote
Under the rules, a recorded vote is in order in the House or in
the Committee of the Whole after the question has been put to a voice
vote:
Chair: The question is on the amendment offered by the gentleman
from __________. [voice vote]
Member: Mr. Speaker [or Mr. Chairman], I demand a recorded vote.
Chair: The gentleman asks for a recorded vote. As many as are in
favor of taking this vote by a recorded vote will stand and remain
standing until counted.
A demand for a recorded vote in the House under rule XX clause 1
must be supported by one-fifth of a quorum (usually 44 Members).
Deschler-Brown Ch 30 Sec. 34.1. The demand must be supported by 25
Members in the Committee of the Whole under rule XVIII clause 6(e).
The count of Members standing to support a demand for a recorded vote
is not subject to challenge by appeal. Deschler-Brown Ch 30 Sec. 33.5.
In the House, a request for a recorded vote must yield to the
constitutional prerogative of a Member to demand the yeas and nays.
Sec. 14, infra. However, a request for a recorded vote may be made
following a demand for the yeas and nays, if that demand is withdrawn
or does not receive the required support. Deschler-Brown Ch 30
Sec. Sec. 33.2, 33.3. Even the Member who has withdrawn a demand for
the yeas and nays may request a recorded vote under rule XX clause
1(b). Deschler-Brown Ch 30 Sec. 33.4. Where one-fifth of the Members
present have refused to order the yeas and nays on a motion, and that
motion later becomes the unfinished business of the House, a Member
may still demand a recorded vote on the motion but may not renew his
demand for the yeas and nays. Deschler-Brown Ch 30 Sec. 55.5.
Timeliness of Demand for Recorded Vote; Interruptions
A request for a recorded vote is in order only after the Chair has
put the question to a voice vote. Deschler-Brown Ch 30 Sec. 7.1. It
cannot interrupt a voice vote or a vote by division that is in
progress. Manual Sec. 1012; Deschler-Brown Ch 30 Sec. 7.1. The demand
is not timely if the Member making it is not on his feet seeking
recognition at the time that the result of the vote is announced by
the Chair. Deschler-Brown Ch 30 Sec. 33.18. However, a Member's demand
for a recorded vote may be made after the Chair announces the result
of a division vote if no other business has intervened. Deschler-Brown
Ch 30 Sec. 9.5.
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A demand for a recorded vote on an amendment comes too late after
the amendment has been voted on and disposed of and the Chair has
inquired as to the purpose of another Member rising. Deschler-Brown Ch
30 Sec. Sec. 24.6, 33.17. However, a mere inquiry relating to a
pending motion, raised after the Chair has announced the result of a
voice vote, does not constitute such intervening business as to
preclude the right of a Member to demand a recorded vote on the
pending motion. Manual Sec. 1012. If the demand comes too late, it is
certainly within the province of the Chair to recognize for a
unanimous-consent request to vacate proceedings and thereby set the
stage for putting the question a second time so a recorded vote can be
demanded. Deschler-Brown Ch 30 Sec. 33.18.
Repetition or Renewal of Demand
Only one request for a recorded vote on a pending question is in
order. Manual Sec. 1012. Thus, a request for a recorded vote on a
pending question having been refused, a second request is not in order
following a division vote on that question. Deschler-Brown Ch 30
Sec. 33.7.
A similar rule is followed in the Committee of the Whole. Where
the Committee has refused a request for a recorded vote, the request
may be renewed only by unanimous consent. Deschler-Brown Ch 30
Sec. 33.9. This is so, even where the absence of a quorum is disclosed
immediately following the Chair's announcement of his refusal or where
a quorum call has intervened. Deschler-Brown Ch 30 Sec. Sec. 33.10,
33.11. However, the request remains pending where the Chair had
interrupted his count of Members standing in support of the demand in
order to count for a quorum. 97-2, Aug. 5, 1982, p 19658. For a
request to be once denied, the Chair must have finalized his count. In
one instance, the Chairman of the Committee of the Whole, having
announced that an insufficient number of Members had arisen in support
of a request for a recorded vote on an amendment (but having hedged
that announcement with the word ``apparently'' and having refrained
from stating the conclusion that the recorded vote was refused),
nevertheless entertained a point of no quorum, tacitly treating the
request for a recorded vote as not yet finalized. 107-1, Oct. 11,
2001, p ____
Withdrawal of Demand
A demand for a recorded vote may be withdrawn without unanimous
consent before the Chair finalizes his count. Deschler-Brown Ch 30
Sec. Sec. 33.20, 33.21.
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Postponement of Vote
For a discussion of the Chair's authority to postpone votes in the
House and in the Committee of the Whole, see Sec. Sec. 22, 23, infra.
Sec. 13 . Ordering the Yeas and Nays
In General; When Required
The yeas and nays usually are in order only after they are
demanded by a Member and the demand is supported by a sufficient
number of Members. Sec. 14, infra. However, in some cases the yeas and
nays are required by law or by House rule. Under article I, section 7
of the Constitution, a vote by the yeas and nays is required to pass a
bill over the President's veto. 4 Hinds Sec. 3520; 7 Cannon Sec. 1110;
see also Veto of Bills.
The yeas and nays are to be ``considered as ordered'' when the
question is put on certain measures such as a bill providing general
appropriations or income tax rate increases or a concurrent resolution
on the budget. Rule XX clause 10. The yeas and nays are automatically
ordered under the House rules when a vote has been objected to for
lack of a quorum, thereby precipitating a simultaneous quorum call.
Sec. 16, infra. A vote by the yeas and nays is required to close a
conference committee meeting under rule XXII clause 12. Manual
Sec. 1093. Such a vote also may be required by statute. See, e.g., 50
USC Sec. 1545 (War Powers Resolution); 50 USC Sec. 1622 (termination
of national emergency).
Effect of Ordering
The ordering of the yeas and nays ordinarily brings the pending
proposition to a vote but does not necessarily preclude all other
business. A motion to adjourn may be admitted after the yeas and nays
are ordered and before the vote has begun. 5 Hinds Sec. 5366.
Consideration of a conference report or a motion to reconsider the
vote by which the yeas and nays have been ordered also has been
permitted to intervene. Manual Sec. 80; 5 Hinds Sec. 6029; 8 Cannon
Sec. 2790.
Effect of Adjournment
An order for the yeas and nays remains in effect during an
adjournment and is taken up whenever the bill again comes before the
House. 8 Cannon Sec. 3108. However, should a quorum fail to vote and
the House adjourn, the question recurs de novo when the bill again
comes before the House. Deschler Ch 20 Sec. Sec. 8.2, 10.17.
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Sec. 14 . Demanding the Yeas and Nays
In General
A demand for the yeas and nays is in order after the question has
been put to a voice vote. Deschler-Brown Ch 30 Sec. 7.1. However, a
vote by the yeas and nays is taken only if a sufficient number of
Members rise in support of the demand. Under article I, section 5 of
the Constitution, the demand must be supported by one-fifth of the
Members present. Manual Sec. Sec. 75, 77.
Member: Mr. Speaker, I demand the yeas and nays.
Speaker: The yeas and nays are demanded. As many as are in favor
of taking this vote by yeas and nays will rise and remain standing
until counted.
(So many) have risen, not a sufficient number, and the yeas and
nays are refused. [Or] (So many) have risen, a sufficient number,
and the yeas and nays are ordered.
It is well established that a quorum is not necessary to the
ordering of the yeas and nays. Manual Sec. 76; 5 Hinds Sec. Sec. 6016-
6028. In ascertaining whether one-fifth of those present support a
demand for the yeas and nays, the Speaker counts the entire number
present as well as those who rise in favor of the demand. 8 Cannon
Sec. Sec. 3111, 3120. A request for a rising of those opposed to the
demand is not in order. 8 Cannon Sec. Sec. 3112-3114. The Chair
ordinarily first counts those supporting the demand and then counts
the House. Latecomers in support of the demand are included in the
count until it is closed by the Chair. Manual Sec. 78. The Speaker's
count of the House on this question is not subject to appeal. Manual
Sec. 78.
When in Order
The Speaker must put the question before a demand for the yeas and
nays is in order. Manual Sec. 76. The demand is in order after the
Speaker has put the question to a voice vote, is announcing the result
of a division, and even after the announcement of such a vote if the
House has not passed on to other business. 5 Hinds Sec. Sec. 6039-
6041. However, a demand for the yeas and nays comes too late after the
Speaker has put the question on a motion and announced the result and
the House has proceeded to other business. Deschler-Brown Ch 30
Sec. 24.6. It is likewise untimely where the Chair has put a question
to a voice vote, announced the result, and by unanimous consent laid
the motion to reconsider on the table. Deschler-Brown Ch 29 Sec. 8.25.
[[Page 923]]
Precedence of Demand
Being of constitutional origin, a demand for the yeas and nays in
the House takes precedence over a demand for a recorded vote.
Deschler-Brown Ch 30 Sec. 33.2. A demand for the yeas and nays
likewise takes precedence over a demand for a division vote. Deschler-
Brown Ch 30 Sec. 14.1.
Demands as Dilatory; Repetition of Demand
The constitutional provision authorizing a demand for the yeas and
nays is liberally construed. 8 Cannon Sec. 3110. The demand may be
made by any Member and cannot be denied merely on the ground that it
is dilatory. 5 Hinds Sec. 5737; 8 Cannon Sec. 3107. However, the yeas
and nays having been refused once may not be demanded again on the
same question. 5 Hinds Sec. 6029. It is not in order during the
various processes of a division vote to repeat a demand for the yeas
and nays that has been rejected. 5 Hinds Sec. 6030.
Withdrawal
When the demand for the yeas and nays has been supported by one-
fifth of the Members present, it is too late for the Member making the
demand to withdraw it except by unanimous consent. Deschler-Brown Ch
30 Sec. 24.8.
Sec. 15 . Voting by the Yeas and Nays
In General
Under the earlier practice, yea-and-nay votes were cast in
response to the Clerk's call of the roll of Members in alphabetical
order. Manual Sec. 1012. Today, yea-and-nay votes almost invariably
are cast by use of the electronic voting system. However, the Speaker
has the discretion under rule XX clause 3 to have the Clerk call the
roll for the yeas and nays. Manual Sec. 1015. The Speaker may direct
the Clerk to call the roll, in lieu of taking the vote by electronic
device, when the voting system is temporarily inoperative. Deschler-
Brown Ch 30 Sec. Sec. 31.8-31.10.
Reconsideration
A motion to reconsider a vote ordering the yeas and nays or
refusing the yeas and nays is in order. Manual Sec. 79; 5 Hinds
Sec. Sec. 5692, 6029; 8 Cannon Sec. 2790. A yea-and-nay vote itself is
likewise subject to reconsideration. If the House (by a majority vote)
agrees to reconsider, the yeas and nays again may be ordered (by one-
fifth of those present). 5 Hinds Sec. Sec. 5689-5691. However, if the
House, having reconsidered, again orders the yeas and nays, a second
motion to reconsider is not in order. 5 Hinds Sec. 6037.
[[Page 924]]
Disclosure of Member's Vote
A Member's vote, whether ``yea,'' ``nay,'' or ``present,'' appears
in the Congressional Record and, as required by article I, section 5
of the Constitution, in the House Journal. Manual Sec. 75. However,
there is no requirement that a Member's vote be announced publicly
during the vote. Manual Sec. 76.
Sec. 16 . Automatic Yea-and-Nay Votes
Any nonrecord vote in the House may be objected to for lack of a
quorum under rule XX clause 6, thereby precipitating, in the absence
of a quourm, a quorum call and a simultaneous automatic ordering of
the yeas and nays. 6 Cannon Sec. 697; Deschler-Brown Ch 30 Sec. 23.
Clause 6 provides that ``[w]hen a quorum fails to vote on a question,
a quorum is not present, and objection is made for that cause . . . .
there shall be a call of the House . . . . and the yeas and nays . . .
. shall at the same time be considered as ordered.'' Manual Sec. 1025.
An automatic call under this rule is not in order in Committee of the
Whole. Manual Sec. 1026.
The Speaker may direct that an automatic vote in the House be
taken by electronic device, or may, in his discretion, direct the
Clerk to call the roll. Deschler-Brown Ch 30 Sec. 31.9.
The automatic call and vote that ensues under rule XX clause 6
when a quorum fails to vote is applicable whether the House is voting
viva voce, by division, by tellers, or by the yeas and nays, but does
not apply when the House is voting on some question that does not
require a quorum, such as a motion incidental to a call of the House.
4 Hinds Sec. Sec. 2994, 3053; 6 Cannon Sec. Sec. 681, 691, 697, 703.
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. 6 Cannon Sec. 700; Deschler-Brown Ch 30
Sec. 11.4.
For a further discussion of quorums and voting, see Quorums.
Sec. 17 . Roll Call Votes
In General
Because of the availability of the electronic voting system, roll
call votes are rarely taken under the modern practice. Today roll call
votes ordinarily are taken only during the process of electing a
Speaker--where the Members respond by surname--or in the event of a
malfunction of the electronic voting system. Manual Sec. 27; Deschler-
Brown Ch 30 Sec. 31.15. Nevertheless, the Speaker has broad
discretionary power to invoke a roll call vote,
[[Page 925]]
in lieu of taking the vote by electronic device, even where a quorum
fails to vote on any question and objection is made for that reason.
Manual Sec. 1014; Deschler Ch 20 Sec. 4.2.
The Clerk calls the roll of Members in alphabetical order by
surname. 5 Hinds Sec. 6046. The Speaker's name may be called at the
close of the roll. 5 Hinds Sec. 5965. The roll is called twice--the
second roll call being limited to those Members who failed to respond
to the first call. 4 Hinds Sec. 3052. A Member may cast his vote even
after his name has been called provided the result of the vote has not
been announced. Manual Sec. 1015.
Interruptions
A motion to adjourn may be offered before the roll call begins. 4
Hinds Sec. 3050. Under rule XX clause 6(c), 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 is 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,
the yeas and nays are vacated.
A roll call may be interrupted for the reception of messages and
by the arrival of the hour fixed for adjournment sine die. Manual
Sec. 1018; 5 Hinds Sec. Sec. 6715-6718. However, a roll call, once
under way, may not be interrupted by:
A motion to adjourn (except as provided in rule XX clause
6(c)). 5 Hinds Sec. 6053.
A parliamentary inquiry, unless related to the vote. 5 Hinds
Sec. Sec. 6054, 6058; 8 Cannon Sec. 3132.
A question of personal privilege. 5 Hinds Sec. 6058; 6 Cannon
Sec. Sec. 554, 564.
The arrival of the hour fixed for another order of business. 5
Hinds Sec. 6056.
The arrival of the hour fixed for a recess. 5 Hinds
Sec. Sec. 6054, 6055; 8 Cannon Sec. 3133.
A conference report. 5 Hinds Sec. 6443.
Sec. 18 . Teller Votes With Clerks
``Tellers with clerks'' refers to a voting method adopted in 1971
to make it possible to record the votes of individual Members in the
Committee of the Whole. Rule XX clause 4; Manual Sec. 1019. Under this
rarely used voting practice, the Chair has the discretion to order the
Clerk to ``tell the names of those voting on each side of the question
. . . . '' Each Member is given a tally card on which he enters his
voting preference and his signature. The Members then deposit these
cards in ballot boxes located in the Chamber, with the ``aye'' boxes
located up the aisle at the rear of
[[Page 926]]
the Chamber at the Chair's left and the ``no'' boxes located up the
aisle at the Chair's right.
Tellers with clerks as a voting method fell into disuse in 1972
with the adoption of the more efficient electronic voting system. See
Sec. 2, supra. Tellers with clerks remains as a stand-by procedure to
be used in the event of malfunction of the electronic system or in the
event the Clerk is unable to call the roll. Manual Sec. 1019.
Sec. 19 . Pairing
General Pairs; Specific Pairs
The practice of announcing general pairs was deleted from the
rules in the 106th Congress. For a history of the former rule, see
Manual Sec. 1031.
``Live'' Pairs
Although rarely used, the announcement of live pairs, which
involve an agreement between one Member who is present and voting and
another on the opposite side of the question, who is absent, is still
permitted under rule XX clause 3. Manual Sec. 1015. By agreement, the
voting Member withdraws his vote and records himself as ``present'' by
submitting an amber ``present'' card. Deschler-Brown Ch 30 Sec. 4.
Member: Mr. Speaker, on the vote just recorded I voted ``aye'' (or
``no''). I have a pair with the gentleman from __________ and desire
to change my vote and be recorded as ``Present.''
Chair: The Clerk will call the gentleman's name.
Such announcements must be made before the vote is finally
declared. Deschler-Brown Ch 30 Sec. 4.11.
F. Voting Periods; Time Limitations
Sec. 20 . In General; 15-minute Votes
15-minute Votes
Under rule XX clause 2(a) and rule XVIII clause 6(g), Members have
a minimum of 15 minutes from the time of the ordering of a record vote
in the House or in the Committee of the Whole. Members who are in the
well at the expiration of that time will be permitted to vote before
the announcement of the result by the Chair. The Chair has the
discretion to close the vote and to announce the result at any time
after 15 minutes have elapsed or to allow additional time for Members
to record their votes before announcing the result. Manual Sec. 1014.
Thus, no point of order lies against
[[Page 927]]
the decision of the Chair in his discretion to close a vote taken by
electronic device after 15 minutes have elapsed. Manual Sec. 1014.
At the beginning of a new Congress, the Speaker has inserted in
the Congressional 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. The Speaker has also announced that each occupant of the
Chair would have his 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. At the same time, the Chair will not
close a vote while a Member is in the well attempting to vote. At the
beginning of the 108th Congress, the Speaker repeatedly reminded
Members of this policy and instituted a new practice of reminding
Members when two minutes remain on the clock for each vote. Manual
Sec. 1014.
It is not in order, even by unanimous consent, to permit a Member
to have his vote recorded after the announcement of the result, even
though the Member states that he was in the Chamber before the
announcement. Deschler-Brown Ch 30 Sec. Sec. 36.2, 36.4. However, the
Member may, by unanimous consent, announce how he would have voted if
permitted. See Sec. Sec. 25-27, infra.
Voting Alerts; Bell and Light System
A legislative call system alerts Members to the taking of a vote
as well as to the kind of vote and to the duration of the voting
period. This system uses bells and lights that are activated through
clocks located throughout the House and its adjacent office buildings.
Manual Sec. 1016. Members should not rely on signals relayed from
outside the Chamber to assume that votes will be held open until they
arrive. Manual Sec. 1014. A mechanical malfunction of this call system
does not result in the retaking of a vote except by unanimous consent.
8 Cannon Sec. Sec. 3153, 3154. Such failure does not permit a Member
to be recorded following the conclusion of the call. Manual Sec. 1016.
In one instance, the Committee of the Whole agreed by unanimous
consent to vacate a recorded vote on an amendment, permitting a new
recorded vote to be taken, where it was alleged that erroneous clocks
outside the Chamber and on the televised proceedings had misled
Members as to the amount of time available. 98-1, May 3, 1983, p
10773.
[[Page 928]]
The system, comprising bells and lights, is used as follows:
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 used.
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.
Recorded vote, yeas and nays, or automatic record electronic
vote to be followed immediately by possible five-minute vote
under rule XX clause 8(c) or 9 or rule XVIII clause 6(f) or
6(g)--two bells rung at beginning of first vote, followed by
five bells, indicate that Chair will order five-minute votes if
record vote is ordered immediately thereafter. Two bells
repeated five minutes after first ring. Five bells on each
subsequent electronic vote.
Record vote--two bells, followed by a brief pause, then two
bells, indicate such a vote taken by a call of the roll in the
House. The bells are repeated when the Clerk reaches the
``R's'' in the first call of the roll.
Regular quorum call--three bells and three lights on left
indicate a quorum call either in the House or in Committee of
the Whole by electronic system or by clerks. The bells are
repeated five minutes after the first ring. Where quorum call
is by call of the roll, three bells followed by a brief pause,
then three more bells, with the process repeated when the Clerk
reaches the ``R's'' in the first call of the roll, are used.
Regular quorum call in Committee of the Whole, which may be
followed immediately by five-minute electronic recorded vote--
three bells rung at beginning of quorum call, followed by five
bells, indicate that the Chair will order five-minute vote if
record vote is ordered on pending question. Three bells
repeated five minutes after first ring. Five bells for record
vote on pending question if ordered.
Notice or short quorum call in Committee of the Whole--one
long bell followed by three regular bells, and three lights on
left, indicate that the Chair has exercised his discretion
under rule XVIII clause 6 and will vacate proceedings when a
quorum of the Committee appears. Bells are repeated every five
minutes unless the call is vacated by the ringing of one long
bell and the extinguishing of three lights or the call is
converted into a regular quorum call and three regular bells
are rung.
Adjournment--four bells and four lights on left.
A five-minute vote--five bells and five lights on left.
Recess of the House--six bells and six lights on left.
Civil Defense Warning--twelve bells, sounded at two-second
intervals, with six lights illuminated.
The light on the far right--seven--indicates that the House is
in session.
When by unanimous consent waiving the five-minute minimum set by
rule XX clause 9, the House authorized the Speaker to put remaining
post
[[Page 929]]
poned questions to two-minute electronic votes, two bells were rung.
Manual Sec. 1016.
Sec. 21 . Five-Minute Votes in the House; ``15-and-5'' Votes
Generally
Under rule XX clause 9, the Speaker may reduce to five minutes the
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 was issued before the first electronic
vote.
These votes, often referred to as ``15-and-5'' votes, are in order
before other business intervenes. For example, rule XX clause 9 does
not give the Chair the authority to reduce to five minutes the vote on
a motion to recommit occurring immediately after a recorded vote on an
amendment reported from the Committee of the Whole, and the Chair will
not entertain a unanimous-consent request to reduce that vote to five
minutes after Members have already left the Chamber with the
expectation that the next vote will be a 15-minute vote. Manual
Sec. 1032.
By Unanimous Consent
The House may by unanimous consent authorize the Speaker to reduce
the time to respond to a recorded vote. By unanimous consent, the
House reduced to five minutes the minimum time for a required record
vote on a motion to close a conference meeting, to be taken
immediately following another record vote previously postponed. 98-1,
Aug. 1, 1983, p 22029. The Chair has declined 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 an initial five-minute vote. Under extraordinary
circumstances, when many consecutive votes are taken, the House may
set the response time at two minutes by unanimous consent. Manual
Sec. 1016.
Sec. 22 . Postponed and Clustered Votes in Committee of the Whole
Five-Minute Votes
Although 15 minutes is the usual minimum time for Members to
respond on recorded vote in the Committee of the Whole, the Chair has
the discretion, under some circumstances, to reduce such time to five
minutes. The Chairman has the discretion under rule XVIII clause 6 to
reduce to five minutes the period for a recorded vote following a
regular 15-minute quorum call. Manual Sec. 982. An announcement of a
possible five-minute vote is normally made by the Chair in advance.
98-1, May 4, 1983, p 11063.
[[Page 930]]
The Chair also has the discretion to order five-minute votes where
an electronic vote is pending on two or more amendments, the vote has
been taken on the first pending amendment, and there is no intervening
business between the first and subsequent amendments. In that case,
the Chair may in his discretion reduce the time for voting on the
remaining amendments to five minutes. Rule XVIII clause 6(f). A vote
by division is not such intervening business as would preclude a five-
minute vote under rule XVIII. Manual Sec. 984.
Postponed Votes on Amendments
Under rule XVIII clause 6(g), the Chairman of the Committee of the
Whole may postpone a request for a recorded vote on any amendment.
Proceedings on that amendment may be resumed at the Chair's
discretion. Clause 6(g) further permits the Chair to reduce to five
minutes the time for electronic voting on any postponed question that
follows another electronic vote without intervening business, provided
the first vote in any series is a 15-minute vote. Manual Sec. 984.
Before the adoption of rule XVIII clause 6(g), the Chairman of the
Committee of the Whole could not entertain a unanimous-consent request
to reduce below 15 minutes the minimum time for recorded votes or to
postpone and cluster votes on amendments. Manual Sec. 984. Special
rules of the House before adoption of clause 6(g) routinely provided
the Chairman of the Committee of the Whole authority to postpone and
cluster requests for recorded votes. When a special rule provided such
authority, the Chair held the following (also applicable to the
Chair's authority under the standing rule):
The use of postponement authority, and the order of resuming
proceedings on postponed questions, is entirely within the
discretion of the Chair.
An amendment pending as unfinished business, where proceedings
on a request for a recorded vote have been postponed, may be
modified by unanimous consent on the initiative of its
proponent.
A request for a recorded vote on an amendment on which
proceedings have been postponed may be withdrawn by unanimous
consent before proceedings resume on the request as unfinished
business, in which case the amendment stands disposed of by the
voice vote thereon.
Authority to postpone a request for a recorded vote does not
permit the Chair to postpone a vote on an appeal of a ruling of
the Chair, even by unanimous consent.
The Committee of the Whole by unanimous consent may vacate
postponed proceedings, thereby permitting the Chair to put the
question de novo.
The Chair may resume proceedings on unfinished business
consisting of a ``stack'' of amendments even while another
amendment is pending.
[[Page 931]]
The offering of a pro forma amendment to discuss the
legislative program, or an extended one-minute speech by a
Member to express gratitude to the Members on a personal
matter, may be considered intervening business such as to
preclude a five-minute vote under this authority.
Manual Sec. 984.
Sec. 23 . Postponed and Clustered Votes in the House
The Speaker has discretionary authority under rule XX clause 8 to
postpone certain questions and to ``cluster'' them for voting at a
designated time or place in the legislative schedule, and, after the
vote on the first such question, to reduce to five minutes the vote on
all of the additional questions so postponed. Manual Sec. 1030. The
rule specifically permits the Speaker to postpone the following
questions:
Approval of the Journal.
Passing a bill or joint resolution or adopting a concurrent
resolution or a resolution (or agreeing to the previous
question thereon).
Agreeing to a motion to suspend the rules.
Agreeing to a conference report or to a motion to instruct
conferees (or agreeing to the previous question thereon).
Agreeing to a motion to recommit (or the previous question
thereon) a bill considered under the Corrections Calendar.
Agreeing to an amendment to a bill considered under the
Corrections Calendar.
These categories are not mutually exclusive. For example, the
Speaker may ``cluster'' a vote on the approval of the Journal with
motions to suspend the rules. 107-2, Oct. 16, 2002, p ____. Where the
proposition does not fall within one of the categories listed in rule
XX clause 8, the Chair does not have discretionary authority to
postpone a vote but may do so by unanimous consent. Manual Sec. 1030.
For all such categories, the postponement authority under rule XX
clause 8 must be to a place designated within two legislative days,
with the exception of the question of agreeing to the Speaker's
approval of the Journal. That question may be postponed only to a time
on the same legislative day. Manual Sec. 1030. The Speaker may
simultaneously designate separate times for the resumption of
proceedings on separate postponed questions. Once the Speaker has
postponed votes to a designated place in the legislative schedule, the
Speaker may redesignate the time when the votes will be taken within
the appropriate period. Manual Sec. 1030.
The discretionary authority of the Speaker to postpone votes under
rule XX clause 8 arises after a vote of record is ordered or when a
vote is objected to for lack of a quorum. Manual Sec. 1030. The
authority of the Speaker
[[Page 932]]
to postpone such a vote does not continue once a record vote has
commenced or once the Speaker has announced the absence of a quorum.
Deschler-Brown Ch 30 Sec. 56.1.
In exercising his authority under this rule, the Speaker may
announce that the consideration of certain postponed questions may be
interrupted by other privileged business. 97-1, Dec. 15, 1981, p
31506. The ``clustering'' of record votes on postponed matters does
not prevent the Chair from entertaining a unanimous-consent request
between postponed votes. However, if constituting intervening
business, the first vote after the request would have to be a 15-
minute vote unless reduced to five minutes by unanimous consent.
Manual Sec. 1030.
G. Vote Changes, Corrections, and Announcements
Sec. 24 . In General; Vote Changes
A Member who has voted may change his vote at any time before the
final announcement of the result. Manual Sec. 1014; 5 Hinds
Sec. Sec. 5931, 5934, 6093, 6094. During that time a ``present'' vote
may be changed as well as an ``aye'' or ``no'' vote. 5 Hinds
Sec. 6060. However, a Member may not withdraw his vote entirely
without leave of the House. 5 Hinds Sec. 5930.
Changes in votes cast are barred following the announcement of the
result of the vote, even by unanimous consent. Deschler-Brown Ch 30
Sec. 6.1. However, the Speaker may announce a change in the result of
a vote taken by electronic device when required to correct an error in
identifying a voting card submitted in the well. Manual Sec. 1014.
When a vote is being taken by electronic device, a Member is
permitted to change his vote by reinserting the voting card in a
voting station during the first 10 minutes of a 15-minute vote or by
the Clerk's announcement in the well after the Chair has asked for
changes. During five-minute votes, a Member is permitted to change his
vote at the voting stations at any time. Following the expiration of
the minimum time for voting by electronic device and the closing of
electronic voting stations, but before the Speaker's announcement of
the result, any Member may either change his vote or cast an initial
vote from the well by use of a ballot card. Manual Sec. 1014; see also
Sec. 2, supra.
A Member who wishes to change his vote on a recorded vote
conducted by tellers with clerks may announce his vote change in the
well before the announcement of the result. Deschler-Brown Ch 30
Sec. 40.6. If the correction is made before the announcement of the
result by the Chair, unanimous consent is not required. Deschler-Brown
Ch 30 Sec. 40.1.
[[Page 933]]
When a Member changes his vote following a record vote and before
the announcement of the result by the Chair, the change appears in the
Congressional Record. This occurs even where the Member changes his
vote twice, thereby reverting to his original voting stance. Deschler-
Brown Ch 30 Sec. 39.6.
Sec. 25 . Correcting the Congressional Record and the Journal
Electronic Votes
The Chair presumes the technical accuracy of the electronic system
if properly used and relies on the responsibility of each Member to
correctly cast and verify his vote. Deschler-Brown Ch 30 Sec. 31.3.
The Speaker declines to entertain requests to correct the Journal or
the Congressional Record on votes taken by electronic device. Manual
Sec. 1014. Recognition for such a request may be denied despite
assurances by a Member that he had verified his vote by reinserting
his card. Deschler-Brown Ch 30 Sec. 6.2. However, the incorrect
transcription by the official reporters of a change announced by the
Clerk may be corrected in the Record by unanimous consent. Deschler-
Brown Ch 30 Sec. 31.16. Also, by unanimous consent the House may
permit the correction of the Record and the Journal to delete a vote
that was not actually cast. Manual Sec. 1014.
The Speaker has declined to entertain a unanimous-consent request
to correct a vote taken by electronic device although the Member was
recorded as voting on a day when he was on leave from the House, no
explanation having been offered for the discrepancy. Deschler-Brown Ch
30 Sec. 32.4 However, the Speaker may announce a change in the result
of a vote taken by electronic device when required to correct an error
in identifying a voting card submitted in the well. Deschler-Brown Ch
30 Sec. 32.5. For a report of the Committee on Standards of Official
Conduct on voting anomalies, see H. Rept. 96-991.
After the announcement of the result of such a vote, although it
is not permissible to change a vote, a Member may seek unanimous
consent to explain in the Congressional Record where his vote was
incorrectly recorded or, though cast, was not recorded. Sec. 27,
infra. In entertaining such requests, the Chair does not pass judgment
on the Member's explanation as to how he was improperly recorded or
how, though present and having voted, he was not recorded, nor does he
challenge the Member's word on how he voted. Deschler-Brown Ch 30
Sec. 38.1.
[[Page 934]]
Nonelectronic Votes
When the electronic voting system is not in use, and a Member is
incorrectly recorded on a roll call, he may correct his vote before
the announcement of the result, with the corrected vote being properly
recorded and the change duly noted in the Congressional Record. Manual
Sec. 1015. When a vote actually given fails to be recorded during a
call of the roll, the Member may, before the approval of the Journal,
demand as a matter of right that correction be made. 5 Hinds
Sec. Sec. 5969, 6061, 6062; 8 Cannon Sec. 3143.
Members who have been incorrectly recorded on a vote taken by
clerks pursuant to rule XX clause 4 have, by unanimous consent, had
their votes corrected following the announcement of the result. The
Chair will not entertain such requests after further business has been
transacted. Deschler-Brown Ch 30 Sec. 40.3.
A Member ascertaining that an absent colleague has been
inadvertently recorded on a nonelectronic roll call vote may have the
vote deleted by unanimous consent, before the announcement of the
result. Deschler-Brown Ch 30 Sec. 37.1.
Sec. 26 . Recapitulations
A Member may not demand a recapitulation of a vote taken by
electronic device. Deschler-Brown Ch 30 Sec. 31.6. The recapitulation
of such votes is refused because all Members may determine whether
they were correctly recorded by examining the electronic display panel
over the Speaker's rostrum and because, even if the display panel is
inoperative, individual votes and vote totals may be verified through
the voting and monitoring stations. Deschler-Brown Ch 30 Sec. 31.7.
Record votes that do not involve the use of the electronic voting
system are subject to recapitulation at the discretion of the Speaker,
either before or after the announcement of the result. Manual
Sec. 1015; 5 Hinds Sec. Sec. 6049, 6050; 8 Cannon Sec. Sec. 3125,
3128; Deschler-Brown Ch 30 Sec. Sec. 28.2, 28.4.
Sec. 27 . Personal Explanations
A Member, having been absent for a record vote, may announce how
he would have voted had he been present. Deschler-Brown Ch 30
Sec. 41.1.
Member: Mr. Speaker, on roll call 125, I was unavoidably detained
as a result of ________________________. Had I been present I would
have voted ``aye.'' I ask unanimous consent that this statement
appear in the Congressional Record following the announcement of the
vote.
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Alternatively, a Member may submit a signed statement through the
cloakroom for printing in the Congressional Record without personally
announcing his intent. The explanation will appear in the Record
immediately following the missed vote if the explanation is received
the day of the vote. If the explanation is submitted through the
cloakroom rather than announced on the floor, the explanation will
appear in distinctive type.
Neither the rules nor the practice of the House permit a Member to
announce after a record vote how absent colleagues would have voted if
present. 6 Cannon Sec. 200.
If the Member's explanation alleges that he was present but not
recorded, the Chair does not pass judgment on the Member's explanation
by entertaining the request. Deschler-Brown Ch 30 Sec. 38.1.
H. Majority Votes; Super-majority Votes
Sec. 28 . In General; Tie Votes
``The voice of the majority decides . . . where not otherwise
expressly provided,'' wrote Jefferson, expressing a fundamental
precept of parliamentary law. Manual Sec. 508. Most business that
comes before the House is decided by a majority vote, and, under rule
XIV clause 6, all questions relating to the priority of business are
decided by a majority. Manual Sec. 884. Under rule XX clause 1(c), a
rule in effect since the First Congress, if the vote on a proposition
is a tie, the proposition is defeated. Manual Sec. 1013; 5 Hinds
Sec. Sec. 5926, 5964.
Two-thirds Votes
Under the Constitution or by House rule, a two-thirds vote is
expressly required in the House on:
Amendment to the Constitution. U.S. Const. art. V; Manual
Sec. 190.
Passage of a bill over a veto. U.S. Const. art. I Sec. 7;
Manual Sec. 104.
Dispensing with Calendar Wednesday. Rule XV clause 7; Manual
Sec. 900.
Dispensing with the call of the Private Calendar. Rule XV
clause 5; Manual Sec. 895.
Same-day consideration of reports from the Committee on Rules.
Rule XIII clause 6; Manual Sec. 857.
Suspension of the rules. Rule XV clause 1; Manual Sec. 885.
Expulsion of a Member. U.S. Const. art. I Sec. 5; Manual
Sec. 62.
Removal of political disabilities. U.S. Const. Amendment XIV
Sec. 3; Manual Sec. 230.
A two-thirds vote means two-thirds of those voting, a quorum being
present, and not two-thirds of the entire membership. Deschler-Brown
Ch
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30 Sec. 5. Such a vote requires an affirmative vote by two-thirds of
those Members actually voting; Members who indicate only that they are
``present'' are not counted in determining the two-thirds figure.
Deschler-Brown Ch 30 Sec. 5.2. This method of computing a two-thirds
vote has been applied to votes on passage of a constitutional
amendment (5 Hinds Sec. 7027; 8 Cannon Sec. 3503), to votes on the
passage of a bill over the President's veto (7 Cannon Sec. 1111), and
to votes on a motion to suspend the rules (Deschler-Brown Ch 30
Sec. 5.2).
Three-fifths Votes
Under rule XXI clause 5(b), an income tax rate increase can be
passed or adopted only by a vote of not less than three-fifths of the
Members voting.
Under rule XV clause 6(c), a bill called up from the Corrections
Calendar also requires a three-fifths vote for passage.