[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Quorums]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 707]]
QUORUMS
A. Generally; Quorum Requirements
Sec. 1. In General
Sec. 2. What Constitutes a Quorum
Sec. 3. Business Requiring a Quorum; Effect of Quorum Failure
Sec. 4. Motions Requiring a Quorum
Sec. 5. The Count to Determine a Quorum
B. Points of Order of No Quorum
Sec. 6. When in Order; Former and Modern Practice Distinguished
Sec. 7. Objections to Vote Taken in Absence of Quorum
Sec. 8. Timeliness and Diligence in Raising Objections
Sec. 9. When Dilatory; Effect of Prior Count
Sec. 10. Withdrawal of Point of Order
C. Quorum Calls
Sec. 11. In General
Sec. 12. The Motion for a Call
Sec. 13. The Call to Compel Attendance of Absent Members
Sec. 14. The Mandated Call
Sec. 15. Use of Electronic Equipment
Sec. 16. Names Published or Recorded on a Call
Sec. 17. Quorum Calls in Committee of the Whole
Sec. 18. Motions in Order During the Call
Sec. 19. Securing Attendance; Arrests
Sec. 20. Dispensing With Further Proceedings
Research References
4 Hinds Secs. 2884-3055
6 Cannon Secs. 638-707
5 Deschler Ch 20
Manual Secs. 765-774c, 863
U.S. Const. art. I Sec. 5
[[Page 708]]
A. Generally; Quorum Requirements
Sec. 1 . In General
Constitutional Requirements and the House Rules
Under the U.S. Constitution, a majority of each House constitutes
a quorum to do business, although a smaller number may adjourn from
day to day. U.S. Const. art. I Sec. 5. Since the presence of a quorum
is a constitutional requirement, and because a no-quorum point of
order is the only method available to a Member to enforce that
requirement, the Speakers have been reluctant to withhold recognition
for a point of order of no quorum when raised in accordance with the
rules of the House. Deschler Ch 20 Secs. 14.2, 14.3. Quorum
requirements for committees, see Committees.
The Constitution does not define those legislative proceedings
that are to constitute ``business'' for purposes of the quorum
requirement. ``Business'' in this context has become a term of art
which, under the House rules and precedents, does not encompass all
parliamentary proceedings. For example, neither the prayer,
administration of the oath, certain motions incidental to a call of
the House, nor an adjournment constitute business requiring a quorum.
Deschler Ch 20 Sec. 18 (note 10). Indeed, the House rules specifically
prohibit the entertainment of a no-quorum point of order at certain
stages of the legislative process, including the stage of debate. See
Sec. 3, infra. In effect, the House has by adopting such a rule
determined that at that stage it is not ``conducting business.'' 95-1,
Sept. 27, 1977, p 31048. And since the adoption of such a rule is
viewed by the House as a proper exercise of its rule-making authority
under article 1 Sec. 5 of the Constitution, there is no constitutional
basis for a point of order of no quorum during debate in the House.
95-1, Sept. 12, 1977, p 28800.
Recent Changes in the House Rules
Beginning with the 93d Congress, sweeping changes were made in the
House rules governing the making of point of order of no quorum
(Secs. 6-10, infra), the procedures to be followed in procuring a call
of the House (Secs. 11-16, infra), and the kinds of business that
require a quorum (Sec. 3, infra). In 1977, in an effort to curb time-
consuming quorum calls, the House adopted a rule precluding no-quorum
points of order unless the Speaker has put the pending proposition to
a vote. Sec. 6, infra.
In the 95th Congress, the House gave the Speaker the discretionary
authority, under the rules, to recognize for a motion for a call of
the House. See Sec. 12, infra. In 1979, the House adopted a rule
permitting the House to
[[Page 709]]
proceed with pending business following the establishment of a quorum
without the necessity of adopting a motion to dispense with further
proceedings under the call. Sec. 20, infra.
The quorum rule for the Committee of the Whole was recently
changed to permit no-quorum points of order during general debate only
at the discretion of the Chair. From the inception of general debate
on a measure on a given day until the Chair puts the question on a
motion during the five-minute rule, only one point of order that a
quorum is not present will inevitably produce a quorum call. During
general debate, entertaining such points of order is at the Chair's
discretion. If that discretion is not exercised, one no quorum point
of order can be made and must be entertained during consideration
under the five-minute rule unless a quorum has been established by a
vote. Sec. 6, infra. And in 1974, the rules were amended to permit
``notice'' or ``short'' quorum calls in the Committee of the Whole by
authorizing the Chairman to determine that a quorum of the Committee
has appeared and is present during a call, and to declare that a
quorum is constituted, thereby vacating further proceedings under the
call. Sec. 17, infra.
Presumptions as to the Presence of a Quorum
A quorum is presumed to be present unless a point of no quorum is
entertained and the Chair announces that a quorum is in fact not
present or unless the absence of a quorum is disclosed by a vote or by
a call of the House. Deschler Ch 20 Sec. 1. Although it is not the
duty of the Chair to take cognizance of the absence of a quorum unless
otherwise disclosed (6 Cannon Sec. 565), failure of a quorum to vote
on a roll call cannot be ignored; the Chair must announce that fact
although it was not objected to from the floor. 4 Hinds Secs. 2953,
2963; 6 Cannon Sec. 624; Deschler Ch 20 Sec. 1.
Sec. 2 . What Constitutes a Quorum
A quorum of the House is defined as a majority of those Members
sworn and living, whose membership has not been terminated by
resignation or by House action. 4 Hinds Secs. 2889, 2890; 6 Cannon
Sec. 638; Deschler Ch 20 Sec. 1; Manual Sec. 53. Thus, when the
Members, as so defined, number 435, a quorum to do business is 218
Members (assuming no vacancies). When the membership has been reduced
by reason of deaths to 432, a quorum to do business is 217 Members.
94-2, June 18, 1976, p 19312.
A quorum in the Committee of the Whole is 100 Members. Rule XXIII
clause 2(a). Manual Sec. 863.
The quorum required in the House as in Committee of the Whole is a
quorum of the House and not a quorum of the Committee of the Whole. 6
Cannon Sec. 639.
[[Page 710]]
Sec. 3 . Business Requiring a Quorum; Effect of Quorum Failure
In General
In Jefferson's time, the Chair was not taken until a quorum for
business was present. Manual Sec. 310. In the early practice, a quorum
was required during debate (4 Hinds Secs. 2935-2939) and for other
routine activities of the House, such as the reading of the Journal (4
Hinds Sec. 2733), the consideration of committee reports (4 Hinds
Sec. 2947), and the calling up of measures (4 Hinds Sec. 2943).
Under the modern practice, the Speaker takes the Chair at the hour
to which the House has adjourned and there is no requirement that the
House proceed immediately to establish a quorum. Manual Sec. 310.
Although the Speaker has the authority to recognize for a call of the
House at any time (Sec. 12, infra), a no-quorum point of order does
not lie in the House unless the Speaker has put the pending motion or
proposition to a vote. Rule XV clause 6(e); Manual Sec. 774c.
Accordingly, under this rule, the Chair may not entertain a point of
order of no quorum during debate in the House. 97-1, Oct. 1, 1981, pp
22752-67; 98-1, Aug. 2, 1983, p 22234. Other provisions of Rule XV--in
clause 6(a)--specifically prohibit the making or entertaining of a
point of no quorum at other stages of the legislative process, such as
during the offering of prayer or the administration of the oath, but
these provisions have been rendered largely obsolete by the broad
language of clause 6(e), which prohibits points of order at any time
unless the Speaker has put a pending question to a vote. See 95-1,
Jan. 11, 1977, p 891.
The pendency of a unanimous-consent request in the House is not
equivalent to the Chair's putting a pending motion or proposition to a
vote and does not permit a point of order of no quorum under Rule XV
clause 6(e). 95-1, Sept. 16, 1977, p 29602.
Business Precluded in Absence of Quorum
The House cannot conduct business after the absence of a quorum
has been announced. Deschler Ch 20 Secs. 1.5, 10.4; Manual Sec. 55.
Even unanimous-consent business is not in order in the announced
absence of a quorum. 98-1, July 13, 1983, p 18844. Even the Member who
made the point of order of no quorum cannot then withdraw it by
unanimous consent, as such a request would constitute business. 4
Hinds Secs. 2928-2931; 6 Cannon Sec. 657; Deschler Ch 20 Sec. 10.4
(note).
Where the announced absence of a quorum has resulted in a roll
call vote under Rule XV clause 4, the House may not, even by unanimous
consent, vacate the vote in order to conduct another voice vote in
lieu of the roll call vote, since no business, including a unanimous-
consent agreement,
[[Page 711]]
is in order in the announced absence of a quorum. 98-1, July 13, 1983,
p 18844; 100-2, Feb. 24, 1988, p 2451. The House having authorized the
Speaker to compel the attendance of absent Members, the Speaker
announced that the Sergeant at Arms would proceed with necessary and
efficacious steps, and that pending the establishment of a quorum no
further business, including unanimous-consent requests for recess
authority, could be entertained. 100-1, Nov. 2, 1987, p 30389.
If a quorum does not respond on a call of the House or on a
recorded or yea and nay vote, even the most highly privileged business
must terminate. 4 Hinds Sec. 2934; 6 Cannon Sec. 662. The House has
only two alternatives: to adjourn, or to continue the proceedings
under a pending call of the House until a quorum of record is
obtained. Deschler Ch 20 Secs. 10.10-10.12. If a call of the House is
ordered the House must first secure a quorum before disposing of the
pending matter de novo. 95-1, Sept. 22, 1977, p 30290.
Sec. 4 . Motions Requiring a Quorum
In General
Putting a motion to a vote falls within the language of clause
6(e) of Rule XV, thereby permitting the Speaker to entertain a no-
quorum point of order if the motion is one that requires a quorum for
adoption. Manual Sec. 774c. Thus, a Member may make a point of order
of no quorum when the Speaker has put the question on a motion to
suspend the rules. 95-1, Sept. 27, 1977, p 31048. However, where the
Speaker postpones further proceedings on a motion to suspend the
rules, the question is no longer being put to a vote for purposes of
permitting a point of order of no quorum until the question recurs as
unfinished business. 95-1, Sept. 26, 1977, p 30948. See also 96-1,
Sept. 24, 1979, p 25876.
Motions Incident to a Call of the House
The motion for a call of the House does not require a quorum for
adoption. 97-1, Oct. 1, 1981, pp 22752-67. Indeed, Rule XV clause 6(a)
prohibits a point of order of no quorum from being made or entertained
during the offering, consideration, and disposition of any motion
incident to a call of the House (Manual Sec. 774c), and this rule has
been applied to the motion to order a call of the House (96-1, Nov.
13, 1979, p 32185; 97-1, Oct. 1, 1981, pp 22752-67), and to the motion
to dispense with further proceedings under the call (95-2, Mar. 8,
1978, p 6081).
The Motion to Adjourn
A quorum is not required on a simple motion to adjourn. Deschler
Ch 20 Secs. 8.7, 8.8. But a quorum is required for the adoption of a
motion that
[[Page 712]]
when the House adjourns that day it adjourn to a day and time certain.
94-1, June 19, 1975, p 19789; 94-2, June 22, 1976, p 19755. A quorum
is required on a resolution providing for adjournment sine die
(Deschler Ch 20 Sec. 8.9), but not on a motion to adjourn which
implements such a resolution (Deschler Ch 20 Sec. 8.10).
While 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. 6 Cannon Sec. 700; Deschler Ch 20 Sec. 8.13; Manual
Sec. 773.
The Motion to Rise
The motion that the Committee of the Whole rise does not require a
quorum for adoption but a negative voice vote permits a point of no
quorum pending the demand for a recorded vote. See Sec. 6, infra.
Sec. 5 . The Count to Determine a Quorum
Counting Those Present Together With Those Voting
Until 1890, the view prevailed in the House that it was necessary
for a majority of the Members to vote on a matter submitted to the
House in order to satisfy the constitutional requirement for a quorum.
Under this practice, the opposition could break a quorum simply by
refusing to vote. 4 Hinds Sec. 2977. This was changed in 1890, with
the historic ruling by Speaker Reed, later embodied in Rule XV (Manual
Secs. 772, 774b), that Members present in the Chamber but not voting
would be counted in determining the presence of a quorum. 4 Hinds
Sec. 2895; see also Deschler Ch 20 Sec. 3. This ruling was upheld by
the Supreme Court in United States v Ballin (144 US 1), the Court
declaring that the authority of the House to transact business is
``created by the mere presence of a majority,'' and that since the
Constitution does not prescribe any method for determining the
presence of such majority, it is within the competency of the House
``to prescribe any method which shall be reasonable certain to
ascertain the fact.'' Since Ballin, the point of order as to the
absence of a quorum is that no quorum is present, not that no quorum
has voted. 4 Hinds Sec. 2917.
Method of Counting
Speaker Reed also ruled in 1890 that it was the function of the
Speaker to determine the presence of a quorum in such manner as he
should determine accurate and suitable, by the Chair's own count or by
various other methods. 4 Hinds Sec. 2932. Under the modern rules of
the House, the Speaker may direct the use of the electronic system in
the Chamber to record the names of the Members voting or present.
Manual Sec. 774b. In lieu of using the electronic system, the Speaker
in his discretion may direct that the pres-
[[Page 713]]
ence of Members be recorded by clerks (Manual Sec. 771b) or he may
direct that a quorum call be taken by an alphabetical call of the
roll. 93-1, Mar. 7, 1973, p 6699. And on numerous occasions Speakers
have taken an actual count of the Members to ascertain the presence of
a quorum on occasions when the validity of a vote was not an issue. 4
Hinds Sec. 2909. In any case, the Chair's count of a quorum is
conclusive and may not be challenged on appeal. 93-2, July 24, 1974, p
25012; 95-1, Aug. 3, 1977, p 26532.
The number of Members present for the purpose of determining a
quorum may be established by a count of the number of Members voting
on a pending proposition. 94-1, Oct. 22, 1975, p 33688. But the
Chair's count of those Members standing on a division vote in the
House does not demonstrate the absence of a quorum since the Chair in
taking such a vote does not count all Members present in the Chamber
but only those standing. 95-1, Sept. 27, 1977, p 31048; 96-1, Aug. 1,
1979, pp 22006, 22007.
Recounts
When the Chair is counting to determine if a quorum is present, he
may recount the House before announcing the result of his count,
acting on the statement of a Member that more Members had entered the
Chamber since the first count, and thereby establish a quorum.
Deschler Ch 20 Sec. 3.18.
B. Points of Order of No Quorum
Sec. 6 . When in Order; Former and Modern Practice Distinguished
In the House
Under the former practice, a point of no quorum was in order in
the House at any time, even when a Member had the floor in debate.
Deschler Ch 20 Sec. 13.8. The right of the Member to the floor was
suspended until a quorum was secured. Deschler Ch 20 Sec. 13.9. A
point of no quorum could interrupt the reading of the Journal
(Deschler Ch 20 Sec. 13.14), or the reading of a resolution even
though the resolution was privileged for consideration (Deschler Ch 20
Secs. 13.11, 13.12).
Under the modern practice, the use of no-quorum points of order in
the House has been sharply curtailed. In 1974, the House adopted Rule
XV clause 6(a), which provides that no-quorum points of order may not
be made during the offering of prayer, the administration of the oath,
or the reception of messages from the President or the Senate. This
rule, based to some extent on earlier precedent, also precludes no-
quorum points of order (after a quorum has once been ascertained)
during the reading of the Journal, during special orders, and at
certain other times. See Manual Sec. 774c. Still broader
[[Page 714]]
language restricting the use of the point of order in the House was
adopted in 1977, when the House adopted Rule XV clause 6(e), which
provides that a no-quorum point of order does not lie ``unless the
Speaker has put the pending motion or proposition to a vote.'' Manual
Sec. 774c. Under this rule, the Speaker may not entertain a point of
order of no quorum in the House when a pending question has not been
put to a vote (95-2, May 4, 1978, p 12609), notwithstanding the
failure of a quorum to have voted on a prior item of business. 95-1,
Sept. 16, 1977, p 29563. The refusal of the Chair to entertain a point
of order of no quorum where prohibited by clause 6 is not subject to
appeal (95-1, Sept. 16, 1977, p 29594), and the Chair will not
entertain a unanimous-consent request to waive its provisions (93-2,
Dec. 9, 1974, p 38664).
In Committee of the Whole
A similarly restrictive rule applies to no-quorum points of order
in the Committee of the Whole. The applicable rule states that,
``after the roll has once been called'' to establish a quorum during
any given day, the Chairman may not entertain a point of order that a
quorum is not present unless the Committee is operating under the
five-minute rule and the Chairman has put the pending motion or
proposition to a vote. Rule XXIII clause 2(a). Manual Sec. 863. A
Member may make a no-quorum point of order while the Chair is counting
those standing in the Committee to support a demand for a recorded
vote and prior to the Chair's final announcement of the count. At that
point, the Chair must immediately begin counting for a quorum, and the
request for a recorded vote remains pending following the
establishment of a quorum. 97-2, Aug. 5, 1982, pp 19658, 19659.
The restriction of Rule XXIII clause 2 against making a point of
order of no quorum ``after the roll has once been called to establish
a quorum during such day'' means on that day during consideration of
the pending bill, since the House resolves itself into a new Committee
of the Whole on each bill, with a new Chairman. The rule barring no-
quorum points of order in the Committee (with certain exceptions)
after a quorum has once been established is applicable whether the
quorum was established by a regular quorum call or a ``short'' or
vacated quorum call. 95-2, June 8, 1978, p 16778.
Although a no-quorum point of order may be raised during general
debate in the Committee of the Whole, the Chairman is given the
discretion whether to entertain it. Rule XXIII clause 2(a). This
discretionary authority was given to the Chairman by a rules change
adopted in 1981. Manual Sec. 863.
[[Page 715]]
A no-quorum point of order does not lie in the Committee pending a
motion that the Committee rise, since that motion (as distinguished
from the motion to rise and report) does not require a quorum for
adoption. 4 Hinds Secs. 2972, 2975. 92-2, May 31, 1972, p 19353. The
fact that the vote whereby the Committee rose does not show a quorum
(4 Hinds Sec. 4914) or that a point of no quorum was made without an
ascertainment thereof (4 Hinds Sec. 2974), does not prevent reception
of the report of the Committee in the House. And the rules preclude
the entertainment of a no-quorum point of order during the period
after the Committee has risen and before the Chairman has reported the
pending bill or resolution back to the House, a quorum having been
once established on that day. Rule XV clause 6(c).
Sec. 7 . Objections to Vote Taken in Absence of Quorum
In the House
The rules of the House permit a Member to object to a vote taken
in the absence of a quorum. An objection to such a vote under Rule XV
clause 4, if timely made, necessarily precipitates a call of the House
(unless the House adjourns) and, simultaneously, the yeas and nays on
the pending question. Manual Sec. 773. The vote on the pending
question is taken de novo. 4 Hinds Sec. 3052; 6 Cannon Sec. 678. A
Member's objection to a vote permitted under this rule is in order
even though another Member has previously made the point of order that
a quorum is not present. 97-2, Aug. 18, 1982, p 22037.
The objection to a vote permitted by Rule XV clause 4 applies only
to votes on propositions requiring a quorum. Thus, an objection may
not be raised under the rule to an affirmative vote on a motion to
adjourn (81-1, July 25, 1949, p 10092) or to a vote on a motion
incidental to a call of the House (4 Hinds Sec. 2994; 6 Cannon
Sec. 681), neither of which require a quorum for adoption (Sec. 4,
supra).
For further discussion of the ``automatic'' vote by the yeas and
nays that ensues under Rule XV clause 4, see Sec. 14, infra.
Effect of Postponement
Where a Member objects to a vote on a bill on the ground that a
quorum is not present, and further proceedings are postponed by the
Chair's announcement under Rule I clause 5, or by unanimous consent,
the Speaker puts the question de novo when the bill is again before
the House as unfinished business; Members then have the same right to
object as when the question was originally put, and may again object
at that time to the vote on the same ground. 89-1, Oct. 7, 1965, p
26243. Similarly, where objection
[[Page 716]]
is raised to the failure of a quorum to vote on a motion, and the
Speaker postpones the vote on the motion pursuant to the rules,
further proceedings are automatically postponed and the question is
put de novo when that vote recurs as unfinished business. 95-1, Sept.
26, 1977, p 30948; 96-1, Sept. 24, 1979, p 25876; Manual Sec. 774a.
Sec. 8 . Timeliness and Diligence in Raising Objections
In General
An objection to a vote because of the absence of a quorum must be
timely raised. Such an objection comes too late when the Speaker has
announced the result of the vote and a motion to reconsider laid on
the table. Deschler Ch 20 Secs. 13.23, 13.24; 92-2, May 31, 1972, p
19344. But such objections have been held to be timely and in order
when they were made:
After the Chair announced his opinion that the noes on a voice
vote prevailed but before the House proceeded to other
business. Deschler Ch 20 Sec. 13.16.
After a parliamentary inquiry which immediately followed the
announcement of the result of a voice or division vote. 6
Cannon Sec. 698; Deschler Ch 20 Sec. 13.18.
After a refusal of a yea and nay vote which followed a
division vote. Deschler Ch 20 Sec. 13.19.
After a sufficient number have risen to order the yeas and
nays but prior to the start of the roll call. Deschler Ch 20
Sec. 13.1.
Timeliness in Seeking Recognition
An objection to a voice vote on the ground that a quorum is not
present is timely even after the Chair announces the vote if the
Member was on his feet seeking recognition at the time the question is
put. 103-1, June 29, 1993, p ____. But the Speaker may decline to
recognize a Member to object to a vote because of the absence of a
quorum where the Member has not shown the proper diligence in seeking
recognition. Deschler Ch 20 Sec. 13.26. A Member must be on his feet
and actively seeking recognition when the Chair announces the result
of the vote in order to raise such an objection. 95-2, Apr. 20, 1978,
p 10983. The mere fact that a Member is on his feet does not
constitute notice to the Chair that he is seeking recognition to make
such an objection. Deschler Ch 20 Sec. 13.2.
Sec. 9 . When Dilatory; Effect of Prior Count
In General
Although the presence of a quorum is a constitutional requirement
(Sec. 1, supra), and the Speaker has on occasion expressed reluctance
to hold a no-
[[Page 717]]
quorum point of order dilatory for that reason (Deschler Ch 20
Sec. 14.3), it has long been recognized as within the prerogative of
the Chair to refuse to entertain a point of no quorum if he determines
that it was made for purposes of delay, and where the presence of a
quorum, as evidenced by an immediately preceding vote or quorum call,
is apparent. 5 Hinds Secs. 5724, 5725; 8 Cannon Sec. 2808; Deschler Ch
20 Sec. 14. Since Rule XV was amended to restrict recognition for
points of no quorum, the use of repeated points of order as a dilatory
tactic has lost its efficacy.
The Speaker may refuse to entertain a point of no quorum where a
quorum has just been established by a call of the House and where no
further business has been transacted. Deschler Ch 20 Sec. 14.16. This
practice was formalized in 1974, when the House adopted Rule XV clause
6(d), which states that, when the presence of a quorum has been
ascertained, a further no-quorum point of order may not thereafter be
made or entertained until additional business intervenes. Manual
Sec. 774c. Thus, when the presence of a quorum is disclosed by a roll
call taken by electronic device, a further point of order that a
quorum is not present may not be made until additional business
intervenes. 94-1, Nov. 17, 1975, p 36914.
A similar practice is followed with respect to objections to a
vote based on Rule XV clause 4. It is not in order to object to a vote
on the grounds that a quorum is not present under this rule if the
Chair has determined by a count that a quorum is present and no
business has intervened. 97-2, Dec. 17, 1982, p 31951. Likewise, where
the result of a division vote in the House demonstrates that a quorum
is present, a Member may not object to the vote on the ground that a
quorum is not present so as to precipitate an automatic call under
Rule XV clause 4, where there has been no intervening business. 96-1,
Nov. 16, 1979, p 32861.
Determination by the Speaker
The question of dilatoriness is not necessarily determined by the
length of time since ascertainment of a quorum, but by the Speaker's
opinion as to whether, under the circumstances, there is an intent to
delay the business of the House (8 Cannon Sec. 2804; Deschler Ch 20
Sec. 14), it being apparent that a quorum remains on the floor. But
where the presence of a quorum is not apparent or the Chair is
uncertain, he will count the House. Deschler Ch 20 Sec. 14.1.
Likewise, where a division vote follows a quorum call, the Chair is
not bound by the result of the division vote, but may count the House
to determine that a quorum is still present. 94-1, Nov. 17, 1975, p
36914.
[[Page 718]]
Effect of Intervening Business
The House rule precluding a further point of no quorum after the
presence of a quorum has been ascertained is qualified by the phrase
``until additional business intervenes.'' Rule XV clause 6(d). It has
been held that those precedents indicating that a point of no quorum
is dilatory when it immediately follows a vote or a call of the House
disclosing the presence of a quorum are not applicable where there is
``intervening business'' between the establishment of the quorum and
the making of the point of no quorum. It has been held that such
intervening business prevents the Chair from holding the point of
order to be dilatory on its face. Deschler Ch 20 Sec. 14.8.
Accordingly, where the Speaker ascertains the presence of a quorum by
actual count following a rejected demand for the yeas and nays, and a
division vote is then had on the pending question, the division vote
is intervening business (see 8 Cannon Sec. 2804), permitting another
objection to the lack of a quorum, and the Speaker must again count
the House. Deschler Ch 20 Sec. 14. Other intervening business
sufficient to prevent a holding that the point of order is dilatory
per se has included:
Division votes following a quorum call. 94-1, Nov. 17, 1975, p
36914.
A division vote following a roll call. 8 Cannon Sec. 2804.
Unanimous-consent request (Deschler Ch 20 Sec. 14.7), such as
for the correction of a roll call (Deschler Ch 20 Sec. 14.8).
It has been held that the mere receipt of a message is not
``intervening business'' such as to prevent the Speaker from holding a
no-quorum point of order dilatory. Deschler Ch 20 Sec. 14.11.
Sec. 10 . Withdrawal of Point of Order
A point of order that a quorum is not present may be withdrawn,
provided the absence of a quorum has not been announced by the Chair;
and such withdrawal does not require unanimous consent. Deschler Ch 20
Sec. 18.5; 91-1, Nov. 6, 1969, p 33255. Where a Member has objected to
a vote on a motion to suspend the rules on the ground that a quorum is
not present, and the Speaker has announced that further proceedings on
the motion would be postponed but has not announced the absence of a
quorum, that Member may withdraw his point of no quorum and unanimous
consent is not required. 93-2, Dec. 9, 1974, p 38608.
A point of no quorum may not be withdrawn after the absence of a
quorum has been announced by the Chair (4 Hinds Sec. 2928-2930; 6
Cannon Sec. 657; Deschler Ch 20 Sec. 18) even where the Member making
the point of order attempted to withdraw it but was not observed by
the Chair. 103-1, June 10, 1993, p ____. The point may not then be
withdrawn even by unan-
[[Page 719]]
imous consent, since the House may not conduct business, including the
disposition of unanimous-consent requests, in the announced absence of
a quorum. 95-1, Sept. 21, 1977, p 30083. The same rule is followed in
the Committee of the Whole. Deschler Ch 20 Sec. 18.6; 95-2, July 12,
1978, p 20569.
A point of no quorum may not be reserved or withheld after the
Chair has announced that a quorum is not present, no business being in
order until a quorum is established. Deschler Ch 20 Secs. 18.10,
18.11.
C. Quorum Calls
Sec. 11 . In General
In the House
A motion for a call of the House is recognized under general
parliamentary law and under the U.S. Constitution. 4 Hinds Sec. 2981.
The Constitution authorizes a number smaller than a quorum to compel
the attendance of absent Members. U.S. Const. art. I Sec. 5.
House Rule XV authorizes three separate procedures for a call of
the House. They are:
The call of the House that ensues under clause 6(e)(2),
adopted in 1977; that clause permits the Speaker in his
discretion to recognize for a motion for call of the House at
any time. See Sec. 12, infra.
The call of the House which is used in the absence of a quorum
to compel the attendance of absent Members under clause 2(a);
this call is initiated by at least 15 Members and is ordered on
motion. See Sec. 13, infra. The call under this clause is
sometimes referred to as the ``old'' form of the call, clause
2(a) having been first adopted in 1789.
The call of the House that is mandated by clause 4 whenever
objection is raised to a vote taken in the absence of a quorum.
Manual Sec. 774b. This call is sometimes referred to as an
``automatic'' call, since it proceeds by operation of the rule
and does not require a motion. See Sec. 14, infra.
The rule enabling 15 Members to initiate a motion for a call of
the House under clause 2(a) dates from the earliest Congresses, and
for many years was the only rule for procuring the attendance of
Members. 4 Hinds Sec. 2982. The automatic call of the House under
clause 4, having been provided for by rule in 1896, is described as
the call of the House in the newer form; it superseded the old form of
the call except in cases in which the absence of a quorum is
established by some means other than a vote. 4 Hinds Sec. 3041. The
call of the House on motion under clause 2(a) is in order
[[Page 720]]
when no question is pending (4 Hinds Sec. 2990), whereas the automatic
call under clause 4 ensues while the House is voting. Manual Sec. 773.
In Committee of the Whole
The provisions of clauses 2(a), 4, and 6(e) of Rule XV, relating
to quorum calls in the House do not apply in Committee of the Whole.
Accordingly, although a point of order that a quorum is not present
will lie in the Committee of the Whole when a question is put (see
Sec. 6, supra), a Member may not object to a vote in the Committee on
the ground that a quorum is not present. 93-2, July 10, 1974, p 22667;
94-2, Apr. 6, 1976, p 9553. In Committee of the Whole the quorum call
and the vote occur seriatim and not simultaneously as they do in the
House under Rule XV clause 4. The requirement of and the procedures
for obtaining a quorum in Committee of the Whole are found in Rule
XXIII clause 2(a).
Sec. 12 . The Motion for a Call
A motion for a call of the House is permitted under Rule XV by
clause 6(e)(2), which gives the Speaker the discretion to recognize
for such a motion. Under this clause, it ``shall always be in order
for a Member to move a call of the House when recognized for that
purpose by the Speaker.'' Manual Sec. 774c. Such a motion is in order
notwithstanding language in the same rule that a no-quorum point of
order may not be entertained unless the Speaker has put a pending
motion to a vote. Rule XV clause 6(e)(1). Manual Sec. 774c. Under this
rule, the Speaker may at any time in his discretion recognize a Member
of his choice to make the motion. 95-1, Jan. 19, 1977, p 1719. The
Speaker may extend recognition for such a motion even though the House
is not voting, as when he recognizes for such a motion during the
consideration of a veto message. 95-2, Oct. 5, 1978, p 38503. The
motion is privileged if entertained by the Chair in his discretion,
and may be entertained after another Member has been recognized but
before he has begun his remarks. 95-2, Apr. 20, 1978, p 10983. The
motion may also be entertained after the previous question has been
ordered on a proposition but before the Chair has put the question
thereon. 95-2, Oct. 14, 1978, p 38378. The motion is not debatable. 8
Cannon Secs. 683, 688.
If the motion is rejected, the House proceeds with business. 96-2,
June 27, 1980, p 17369. But if the motion is adopted by a roll call
vote, and a quorum is established thereby, a call of the House must
proceed unless rescinded by unanimous consent.
[[Page 721]]
Sec. 13 . The Call to Compel Attendance of Absent Members
In General
The rules of the House authorize a call to compel the attendance
of absent Members when the call is ordered by at least 15 Members
(including the Speaker). Rule XV clause 2(a). The motion may not be
demanded by less than 15 affirmative votes, and without that number
present, the motion for the call is not entertained. 4 Hinds
Sec. 2983. The motion requires a majority vote for adoption, and a
minority of 15 (or more) favoring the call is not sufficient. 4 Hinds
Sec. 2984. The motion must yield to a motion to adjourn, if one is
made, for an adjournment motion takes precedence over a call of the
House. 8 Cannon Sec. 2642.
If a majority votes to compel attendance under this rule,
absentees are notified. Manual Sec. 768. Warrants may be issued by
order of a majority of those present, and those for whom no sufficient
excuse is made may be arrested by the Sergeant at Arms. Sec. 19,
infra. Members who appear voluntarily are admitted to the Hall and
report their names to the Clerk to be entered on the Journal as
present. Manual Sec. 768.
When a call of the House is ordered under this rule, the Speaker
in his discretion directs the taking of the call by electronic device
(Manual Sec. 774b) or, by a call of the roll (Manual Sec. 765).
Sec. 14 . The Mandated Call
In General
Under Rule XV clause 4, a call of the House ensues whenever a
quorum fails to vote on any question which requires a quorum, if in
fact a quorum is not present and objection to the vote is made for
that reason, assuming that the House does not adjourn. The rule
provides for a call of the House and states that the yeas and nays
``shall at the same time be considered as ordered.'' Manual Sec. 773.
The call of the House under this clause is sometimes referred to as
the ``automatic call'' because it is mandated under the conditions
specified by the rule. 6 Cannon Sec. 695. A yea and nay vote on the
pending question is also mandated by clause 4.
Under this rule, the Speaker has the discretion to conduct the
call by electronic device or to order a call of the roll by the Clerk.
93-1, May 16, 1973, p 15860; Manual Sec. 773. When the roll is called
by the Clerk, the roll is called twice, and those appearing after
their names are called may vote. 4 Hinds Sec. 3052. The Speaker may
count the House to determine whether a quorum is present. If his count
discloses a quorum, the Speaker declares that a quorum is constituted
(Rule XV clause 4) and is not required to an-
[[Page 722]]
nounce his actual count. 97-1, Sept. 30, 1981, p 22456. The call of
the House under this rule serves a dual purpose--(1) that of showing
the number of Members present for the purpose of making a quorum, and
(2) that of allowing the Members to vote on the pending question. 4
Hinds Sec. 3045.
Members who do not respond to the call are subject to arrest by
the Sergeant at Arms. See Sec. 19, infra. Members brought in by the
Sergeant at Arms are noted as present, and given an opportunity to
vote. The Speaker is authorized to declare that a quorum is
constituted if those voting on the question together with those who
are present make a majority of the House. Manual Sec. 773. Such a
declaration dispenses with further proceedings. See Sec. 20, infra.
The pending question is then decided by a majority vote of those who
have appeared if a quorum responds. Manual Sec. 773.
Invoking the Call
The automatic call of the House under Rule XV clause 4 may be
invoked by a Member who rises following the announcement of a vote to
state:
Mr. Speaker, I make the point of order that a quorum is not
present and object to the vote on the ground that a quorum is not
present.
If no Member rises to object that a recorded vote or yea or nay vote
discloses that a quorum is not present, the Speaker, on his own
initiative, declares the absence of a quorum, thereby invoking the
automatic call. Deschler Ch 20 Sec. 2.
Application to Particular Votes
The automatic call of the House that ensues under Rule XV clause 4
when a quorum fails to vote is applicable whether the House is voting
viva voce (6 Cannon Sec. 697), by division (6 Cannon Sec. 691), by
tellers (4 Hinds Sec. 3053), or by the yeas and nays (6 Cannon
Sec. 703), but does not apply when the House is voting on some
question which does not require a quorum, such as a motion incidental
to a call of the House. 4 Hinds Sec. 2994; 6 Cannon Sec. 681.
Sec. 15 . Use of Electronic Equipment
In General
The Speaker is authorized to use the electronic equipment in the
Chamber to record those voting or present on any quorum call. See Rule
XV clause 5. Manual Sec. 774b. The use of this equipment is not
mandatory. The Speaker has the discretion, for example, to direct the
Clerk to call the roll--in lieu of taking the vote by electronic
device--where a quorum fails to vote
[[Page 723]]
on any question and objection is made for that reason. Deschler Ch 20
Sec. 4.2. The Speaker also has the discretion, under Rule XV, to
direct that the quorum call be taken by clerk-tellers under clause
2(b) or by an alphabetical call of the roll under clause 1, rather
than by electronic device. Deschler Ch 20 Sec. 4.1.
Response Time
On a call of the House conducted by electronic device, the Members
have ``not less than'' 15 minutes to respond. Rule XV clause 5(a).
Manual Sec. 774b. After the 15 minutes have expired, the Chair may
allow additional time for Members to respond before announcing the
result. Deschler Ch 20 Sec. 4.3.
Sec. 16 . Names Published or Recorded on a Call
The names of those Members who respond to a quorum call are
entered in the Journal and published in the Congressional Record. Rule
XV clause 5(a). Manual Sec. 774b. When the call is taken by clerks,
the clerks record the names of those present and note the names of
absentees. Manual Sec. 771b. And Members responding to a quorum call
ordered on motion under Rule XV clause 2(a) must see that their
presence is recorded in the appropriate manner to be entered on the
Journal. Manual Sec. 768. When an automatic call of the House ensues
under Rule XV clause 4, Members brought in by the Sergeant at Arms are
noted as present. Manual Sec. 773.
Under Rule XV clause 3, any Member may demand that the names of
those Members not voting be noted by the Clerk and recorded in the
Journal, and that they be reported to the Speaker along with the names
of those Members voting, in determining the presence of a quorum.
Manual Sec. 772. The Speaker may direct the Clerk to note the names of
Members under this rule even on a vote on a question for which no
quorum is necessary. 8 Cannon Sec. 3152.
Sec. 17 . Quorum Calls in Committee of the Whole
Regular and ``Notice'' Quorum Calls Distinguished
Quorum calls in the Committee of the Whole--to secure the presence
of at least 100 Members--are governed by the provisions of Rule XXIII
clause 2(a). That rule permits two kinds of quorum calls in the
Committee: (1) a ``regular'' quorum call and (2) a ``notice'' or
``short'' quorum call. Manual Sec. 863.
A ``regular'' quorum call is initiated under the first two
sentences of Rule XXIII clause 2(a). That language sets forth the
circumstances under
[[Page 724]]
which the Chairman is to invoke the procedures normally available to
the Speaker for quorum calls in the House under the applicable
provisions of Rule XV. As noted above, Rule XV clause 5 allows at
least 15 minutes for Members to respond, and requires the publication
of the names of those Members voting or answering present (Manual
Sec. 774b). Generally, see Secs. 15, 16, supra.
A ``notice'' or ``short'' quorum call is permitted under the last
two sentences of Rule XXIII clause 2(a), as adopted in 1974. That
provision permits the Chairman, at any time during a call, subject to
his prior announcement, to determine that a quorum is present and to
so declare. Proceedings under the call are then considered vacated,
and the Committee resumes its business. Manual Sec. 863. This
provision permits the Chairman to announce in advance, at the time the
absence of a quorum is ascertained, that he will vacate proceedings
when a quorum appears. It also enables the Chairman to convert to a
regular quorum call in the event that a quorum does not appear. 93-2,
May 13, 1974, p 14148. The Chair need not convert to a regular quorum
call precisely at the expiration of 15 minutes if 100 Members have not
responded on a ``notice'' quorum call but may continue to exercise his
discretion to vacate proceedings at any time during the entire period
permitted for the conduct of the call by clause 5, Rule XV. See 93-2,
July 17, 1974, p 23673.
When in Order
The first time that a Committee of the Whole finds itself without
a quorum on any given day, the Chairman must invoke one of the quorum-
call procedures that are available to him under the rules. (See Rule
XXIII clause 2(a), and the Rule XV procedures referred to therein.)
Thereafter, quorum calls are permitted during five-minute debate only
when the Chairman has put a pending motion or proposition to a vote.
And points of no-quorum during general debate are permitted only at
the discretion of the Chairman. Manual Sec. 863.
Method of Taking
Before installation of the electronic system in the Chamber,
quorum calls in the Committee of the Whole were effected by a call of
the roll. 4 Hinds Sec. 2966. Under the modern practice, quorum calls
are taken by electronic device, but the Chairman has the discretion to
effect the call by an alphabetical call of the roll or by clerk-
tellers. See Rule XXIII clause 2(a), which incorporates by reference
clauses 1, 2(b), and 5, of Rule XV. Thus, the Chairman may direct that
a ``notice'' quorum call be conducted pursuant to the provisions of
Rule XV clause 2(b)--by depositing quorum tally cards
[[Page 725]]
with clerk-tellers--in lieu of conducting the call by electronic
device or a call of the roll. 98-1, July 13, 1983, p 18844.
The so-called automatic call authorized by Rule XV clause 4 in the
House is not permitted in the Committee of the Whole. See Deschler Ch
20 Sec. 7.
Reports as to Absentees
The Committee of the Whole rises and the Chairman reports the
names of absentees to the House only in the event that a quorum fails
to respond to the quorum call under Rule XXIII clause 2. The 96th
Congress amended that rule to permit the Committee to continue its
business following the appearance of a quorum so that the Speaker need
not take the Chair to receive the Committee's report of absentees. 96-
1, Jan. 15, 1979, p 8. Under the former practice, when the Committee
of the Whole found itself without a quorum, the Committee would rise
following the quorum call, the Chairman would report to the Speaker
that he had caused the roll to be called to establish the presence of
a quorum, names of the absentees would be spread on the Journal, and
the House would then automatically resolve back into the Committee.
91-1, Apr. 21, 1969, p 9705.
Sec. 18 . Motions in Order During the Call
Generally
With the exception of the motion to adjourn, no motion is in order
during a call of the House except those in furtherance of the effort
to secure a quorum. 6 Cannon Sec. 682. Motions held not in order
include:
Motions to recess. 4 Hinds Secs. 2995, 2996.
Motions to dispense with further proceedings under the call. 4
Hinds Sec. 2992.
Motions to excuse Members from voting. 4 Hinds Sec. 3007.
Motions relating to deductions from the pay of Members. 4
Hinds Sec. 3011.
Motions which are intended to secure a quorum and which are therefore
in order during the call of the House include:
Motions that the Speaker issue warrants for the arrest of
absent Members. 6 Cannon Sec. 681.
Motions that the Sergeant at Arms take absent Members into
custody. 4 Hinds Sec. 3029; 6 Cannon Sec. 685.
Motions to require the Sergeant at Arms to report progress in
securing a quorum. 6 Cannon Sec. 687.
[[Page 726]]
Motions for the previous question on a proposition incident to
a call of the House. 5 Hinds Sec. 5458.
Motions to reconsider a vote incident to a call of the House.
5 Hinds Secs. 5607, 5608.
Motions to Adjourn
The motion to adjourn takes precedence over a call of the House.
Deschler Ch 20 Secs. 8.14, 8.15. And the vote on adjournment is taken
before the call of the House even when the motion for the call was
offered but not finally agreed to prior to the motion to adjourn.
Deschler Ch 20 Sec. 8. However, the motion to adjourn is not
entertained after the call of the House has been ordered nor is it
entertained during the call. Deschler Ch 20 Secs. 8.22, 8.23. If the
call is taken by roll call, the motion to adjourn again becomes in
order after the conclusion of the second call of the roll if a quorum
has not been established. Deschler Ch 20 Sec. 8.19.
The rule which authorizes automatic votes by the yeas and nays
(Rule XV clause 4) permits the House to adjourn in the absence of a
quorum and prior to a call of the House. This same rule permits the
Speaker to entertain a motion to adjourn after the call has been
completed, if the motion has been seconded by a majority of those
present, to be ascertained by actual count of the Speaker. Manual
Sec. 773.
Sec. 19 . Securing Attendance; Arrests
Under Rule XV Clause 4
The attendance of absent Members may be secured under Rule XV
clause 4, which makes provision for the automatic vote by the yeas and
nays. Under this rule, the Sergeant at Arms ``shall forthwith''
proceed to bring in absent Members, whenever a quorum fails to vote, a
quorum is not present, and objection is made for that reason. A Member
who is arrested is brought by the Sergeant at Arms before the House
and permitted to vote. Manual Sec. 773. Compulsory attendance or
arrest has been rare in the modern practice.
Under the conditions specified by this rule, the Sergeant at Arms
is required to detain those who are present and to bring in absentees
(4 Hinds Secs. 3045-3048), and it is not necessary that he be
specifically authorized to do so by a motion (Deschler Ch 20
Sec. 5.14) or by a resolution adopted by those present (4 Hinds
Sec. 3049). But to actually make an arrest under this rule, the
Sergeant at Arms must have in his possession a warrant signed by the
Speaker. Deschler Ch 20 Sec. 5.10 (note). Although the Speaker
possesses full authority to issue a warrant of arrest for absent
Members under this rule
[[Page 727]]
(6 Cannon Secs. 680, 702) he usually does not do so without House
authorization (Deschler Ch 20 Sec. 5.10). The warrant takes the
following form (from 4 Hinds Sec. 3041):
To __________, Sergeant at Arms of the House of Representatives,
or his deputies:
Whereas Rule XV clause 4 of the House of Representatives provides
as follows: ________________
And whereas the conditions specified in said rule have arisen, and
the following-named Members of the House are absent, to wit:
____________________
Now, therefore, by virtue of the power vested in me by the House,
I hereby command you to execute the said order of the House, by
taking into custody and bringing to the bar of the House said above-
named Members; and make due return in what manner you execute the
same.
[Sealed, signed by the Speaker, and attested by the Clerk]
When arrested, Members are (1) arraigned at the bar, (2)
discharged from arrest, (3) questioned by the Speaker as to whether or
not they wish to vote, and (4) permitted to vote. See 4 Hinds
Sec. 3044.
Under Rule XV Clause 2(a)
The use of the office of the Sergeant at Arms to procure the
presence of Members in the Chamber is also permitted by Rule XV clause
2(a), which, as previously noted (Sec. 13, supra) authorizes 15
Members to initiate a motion to compel the attendance of absent
Members. Under the rule, a majority of those present may order
officers appointed by the Sergeant at Arms to send for and arrest
absentees for whom no excuse is made. Members whose attendance has
been secured in this manner are detained until discharged under
conditions determined by the House. Manual Sec. 768. Those present may
prescribe a fine as the condition on which an arrested Member may be
discharged. 4 Hinds Sec. 3013.
Under this rule, in the absence of a quorum in the House, a motion
(or other proposition) to arrest absentees and bring them into the
Chamber is in order. 4 Hinds Sec. 3018; Deschler Ch 20 Sec. 5.6. To
compel the attendance of absentees by arrest under this rule, the
motion:
Must be supported by 15 affirmative votes, and those voting to
compel attendance must be in the majority. Deschler Ch 20
Sec. 5.9 (note).
Is in order after a single calling of the roll. 4 Hinds
Sec. 3015.
Is in order during proceedings to secure a quorum. 6 Cannon
Sec. 685.
Is not debatable. 6 Cannon Sec. 686.
May not order the arraignment of absent Members at a future
meeting of the House. 4 Hinds Secs. 3032-3034.
[[Page 728]]
The motion for the arrest of absentees is in the form of an order
to the Sergeant at Arms, as follows [from Deschler Ch 20 Sec. 5.11]:
Ordered, That the Sergeant at Arms take into custody and bring to
the bar of the House such Members as are absent without leave.
Unless directed by an appropriate motion, the Sergeant at Arms, under
Rule XV clause 2(a), has no authority to compel the attendance of
absent Members. Deschler Ch 20 Sec. 5.9. A motion which merely states
that those who are not present are to be ``sent for'' and
``returned,'' and not allowed to leave until the completion of certain
business, has been interpreted as requiring the Sergeant at Arms to
notify absentees but not as bestowing on him the authority to arrest
them and bring them into the Chamber under custody. Deschler Ch 20
Sec. 5.3.
After agreement to the appropriate motion, warrants for the arrest
of absent Members are signed by the Speaker or Speaker pro tempore.
Deschler Ch 20 Sec. 5. Leave for a committee to sit during sessions
does not release its Members from liability to arrest. 4 Hinds
Sec. 3020.
Closing or Locking the Chamber Doors
Although it was Jefferson's view that as a matter ``[o]f right,
the door ought not to be shut'' (Manual Sec. 380), the House rules
have from time to time given the Speaker the authority to order the
closing of the Chamber doors in connection with securing a quorum.
Deschler Ch 20 Sec. 6. The current rule, adopted in 1972, states that
``. . . the doors shall not be closed except when so ordered by the
Speaker'' pursuant to a quorum call. Rule XV clause 2(b). Manual
Sec. 771b. The precursor of this rule gave the Speaker the discretion,
in securing a quorum, to order the doors closed or even locked.
Deschler Ch 20 Sec. 6.2 (note). Speaker McCormack in 1968 ordered the
doors to the Chamber closed and locked during a call of the House
pursuant to the rule, and instructed the Doorkeeper to let no Members
leave the Hall. Deschler Ch 20 Sec. 6.3.
The Speaker has no authority to order the doors to the Chamber
locked except during a call of the House. Deschler Ch 20 Sec. 6.4. In
1919, Speaker Gillett, after putting the question on ordering a call
of the House, directed the Doorkeeper to lock the Chamber doors, but
then sustained a point of order that the doors should be closed only
on a call of the House. 6 Cannon Sec. 703. But in one instance the
doors were locked ``until disposition of the pending business''--the
reading of the Journal; this action was taken pursuant to House order
rather than by order of the Speaker. Deschler Ch 20 Sec. 6.5.
[[Page 729]]
Sec. 20 . Dispensing With Further Proceedings
Under the former practice, after a quorum had responded on a call
of the House, it was necessary to move to dispense with further
proceedings under the call before the House could proceed with pending
business. See 4 Hinds Sec. 3039. In 1979, the House amended Rule XV
clause 6(e)(2) to eliminate the motion to dispense with further
proceedings under a call of the House following establishment of a
quorum, unless the Speaker recognizes for an appropriate motion.
Manual Sec. 774c. Under this rule, when a quorum has been established
pursuant to a call of the House, the Speaker ordinarily simply
announces that further proceedings under the call are dispensed with.
See 96-1, Feb. 28, 1979, pp 3467, 3468. However, the Speaker still has
the discretion to recognize for a motion to that effect under Rule XV
clause 6(e).
It has been held that the motion to dispense with further
proceedings pursuant to a call is:
Not entertained until a quorum responds on the call. 6 Cannon
Sec. 689.
Not preferential to a motion to adjourn. 8 Cannon Secs. 2643,
2644; Deschler Ch 20 Sec. 9.4.
Not subject to challenge on a point of order of no quorum.
Deschler Ch 20 Secs. 9.12, 9.13.
Not debatable, amendable, or subject to the motion to table.
Deschler Ch 20 Sec. 9.1; 91-2, Dec. 18, 1970, p 42504.
In order in the absence of a quorum, and so does not force an
automatic call under Rule XV clause 4. Deschler Ch 20
Secs. 9.15, 9.16.