[House Practice: A Guide to the Rules, Precedents and Procedures of the House]
[Chapter 43. Quorums]
[From the U.S. Government Publishing Office, www.gpo.gov]
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CHAPTER 43 - QUORUMS
HOUSE PRACTICE
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 Automatic Call
Sec. 15. Use of Electronic Equipment
Sec. 16. Names Published and 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
U.S. Const. art. I, Sec. 5
4 Hinds Sec. Sec. 2884-3055
6 Cannon Sec. Sec. 638-707
Deschler Ch 20
Manual Sec. Sec. 982, 1014-1029
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A. Generally; Quorum Requirements
Sec. 1 . In General
Constitutional Requirements and the House Rules
Under the Constitution, a majority of each House constitutes a
quorum to do business, although a smaller number may adjourn from day
to day or compel the attendance of absent Members. U.S. Const. art. I,
Sec. 5, cl. 1. Because the presence of a quorum is a constitutional
requirement, and because a point of order of no quorum is the only
method available to a Member to enforce that requirement, the Speaker
has 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 Sec. Sec. 14.2, 14.3. Quorum requirements for committees, see
Committees.
The Constitution does not further 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 that, under the House rules and precedents, does not encompass all
parliamentary proceedings. For example, the prayer, administration of
the oath, certain motions incidental to a call of the House, and an
adjournment do not constitute business requiring a quorum. Deschler Ch
20 Sec. 18 (note 10). Indeed, rule XX clause 7(a) specifically
prohibits the entertainment of a point of order of no quorum unless a
question has been put to a vote. See Sec. 3, infra. The House has
determined by adopting such a rule that the mere conduct of debate,
where the Chair has not put the pending proposition to a vote, is not
``conducting business'' under article I, section 5, clause 1 of the
Constitution. Because the adoption of such a rule is viewed by the
House as a proper exercise of its rule-making authority under article
I, section 5, clause 2 of the Constitution, there is no constitutional
basis for a point of order of no quorum during debate in the House.
Manual Sec. 1029.
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, failure of a quorum to participate in a record
vote cannot be ignored. The Chair must announce that fact although it
was not objected to from the floor. 4 Hinds Sec. Sec. 2953, 2963; 6
Cannon Sec. Sec. 565, 624; Deschler Ch 20 Sec. 1.
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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. Manual Sec. 53; 4 Hinds
Sec. Sec. 2889, 2890; 6 Cannon Sec. 638; Deschler Ch 20 Sec. 1;
Sec. 5, infra. Thus, when there are no vacancies, a quorum to do
business is 218 Members. When the membership has been reduced by
reason of death, resignation, expulsion, disqualification, or removal
to 432, a quorum to do business is 217 Members. 94-2, June 18, 1976, p
19312. This long-standing practice was codified in the 108th Congress
by adoption of rule XX clause 5(c). Clause 5(c) also requires the
Speaker to announce the reduced whole number of the House, which is
not subject to appeal. In the case of a death, the Speaker may lay
before the House such documentation from Federal, State, or local
officials as he deems pertinent.
Under rule XVIII clause 6(a), a quorum in the Committee of the
Whole is 100 Members. Manual Sec. 982. The quorum required in the
House as in the Committee of the Whole is a quorum of the House and
not a quorum of the Committee of the Whole. 6 Cannon Sec. 639.
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. Under the early practice, a
quorum was required during debate (4 Hinds Sec. Sec. 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. Sec. 310,
621. Although the Speaker has the authority to recognize for a motion
for a call of the House at any time, a point of order of no quorum
does not lie in the House unless the Speaker has put the pending
question to a vote. Rule XX clause 7(a); Manual Sec. 1027; Sec. 12,
infra. Accordingly, for example, the Chair may not entertain a point
of order of no quorum during debate in the House or during the
offering of the prayer or the administration of the oath.
The pendency of a unanimous-consent request in the House is not
equivalent to the Chair's putting a pending question to a vote and
does not permit a point of order of no quorum under rule XX clause
7(a). Deschler-Brown Ch 29 Sec. 23.13.
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Business Precluded in Absence of Quorum
The House cannot conduct business after the absence of a quorum
has been announced. Manual Sec. 55; Deschler Ch 20 Sec. Sec. 1.5,
10.4. This includes business by unanimous consent. Manual Sec. 1025.
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 Sec. Sec. 2928-2931; 6 Cannon Sec. 657; Deschler Ch
20 Sec. 10.4 (note). For example, where the announced absence of a
quorum has resulted in a vote by the yeas and nays under rule XX
clause 6, the House may not, even by unanimous consent, vacate the
vote in order to conduct another voice vote in lieu of the record
vote.
When the House authorizes the Speaker under rule XX clause 5 to
compel the attendance of absent Members, the Speaker requests the
Sergeant-at-Arms to proceed with necessary and efficacious steps to
secure a quorum. The Speaker then announces that, pending the
establishment of a quorum, no further business, including unanimous-
consent requests for recess authority, may be entertained. Manual
Sec. 1025.
If a quorum does not respond on a call of the House or on a record
vote, even the most highly privileged business must terminate. 4 Hinds
Sec. 2934; 6 Cannon Sec. 662. The House then has only two
alternatives, to wit: to adjourn or to continue the proceedings under
a pending call of the House until a quorum of record is obtained.
Deschler Ch 20 Sec. Sec. 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. Deschler Ch 20 Sec. Sec. 10.5-10.7.
Sec. 4 . Motions Requiring a Quorum
In General
Under rule XX clause 7(a), the putting of a question to a vote
triggers the admissibility of a point of order of no quorum, thereby
permitting the Speaker to entertain a point of order of no quorum if
the motion is one that requires a quorum for adoption. Manual
Sec. 1027. 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.
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. Manual Sec. 1026.
Motions Incident to a Call of the House
The motion for a call of the House, or a motion incidental to a
call of the House, does not require a quorum for adoption. Manual
Sec. 1025;
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Deschler Ch 20 Sec. 2.8. Under rule XX clause 7(b), further
proceedings are considered dispensed with when a quorum is established
pursuant to the call unless the Speaker recognizes for a motion to
compel attendance of Members. Manual Sec. 1028. For a discussion of
motions in order during a call of the House, see Manual Sec. 1024.
The Motion to Adjourn
A quorum is not required on an affirmative vote on a simple motion
to adjourn. Deschler Ch 20 Sec. Sec. 8.7, 8.8. However, a point of no
quorum on a negative vote on adjournment is in order and, if
sustained, precipitates a call of the House. Manual Sec. 1025; 6
Cannon Sec. 700; Deschler Ch 20 Sec. 8.13.
A quorum is required for the adoption of a motion that when the
House adjourns that day it adjourn to a day and time certain. Manual
Sec. 913. A quorum also is required on a concurrent resolution
providing for adjournment sine die but not on a motion to adjourn that
implements such a concurrent resolution. Deschler Ch 20 Sec. Sec. 8.9,
8.10.
The Motion to Rise
A quorum is not required on an affirmative vote on a simple motion
that the Committee of the Whole rise (see Sec. 6, infra), but a
negative voice vote or division vote permits a point of no quorum
pending the demand for a recorded vote. See Deschler Ch 20 Sec. 16.7.
A quorum is required on an affirmative vote on a motion to rise and
report. 4 Hinds Sec. 2973.
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 that practice the opposition might break a quorum simply by
refusing to vote. 4 Hinds Sec. 2977. That practice was changed in 1890
with the historic ruling by Speaker Reed, later embodied in rule XX
clause 4(b), that Members present in the Chamber but not voting would
be counted in determining the presence of a quorum. Manual Sec. 1020;
4 Hinds Sec. 2895; Deschler Ch 20 Sec. 3. This ruling was upheld by
the Supreme Court in United States v. Ballin, 144 U.S. 1 (1892), the
Court declaring that the authority of the House to transact business
is ``created by the mere presence of a majority.'' Since 1890, 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.
A quorum may be expressed as a fraction in which the numerator is
the number of Members who are present and the denominator is the
number
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of Members who are extant. As the issue in Ballin was Speaker Reed's
method of counting the number of Members present, the decision of the
Supreme Court addressed the numerator of this fraction. In dictum the
Court examined the question ``how shall the presence of a majority be
determined?'' and observed that, because 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 reasonably certain to ascertain the fact.'' In 1906,
consistent with the dictum in Ballin, Speaker Cannon employed the
still-current method of counting the number of Members extant. After
reviewing the perspectives of his predecessors across the 19th century
and with special regard for the considered judgment of the Senate on
the same question (Senate rule VI), Speaker Cannon held that once the
House is organized for a Congress ``a quorum consists of a majority of
those Members chosen, sworn, and living, whose membership has not been
terminated by resignation or by the action of the House.'' 4 Hinds
Sec. 2890; 6 Cannon Sec. 638.
Under rule XX clause 5(c) (adopted in the 108th Congress), upon
the death, resignation, expulsion, disqualification, or removal of a
Member, the Speaker announces any adjustment to the whole number of
the House. Such an announcement is not subject to appeal. In the case
of a death, the Speaker may lay before the House such documentation
from Federal, State, or local officials as he deems pertinent. See
Sec. 2, supra.
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 rule XX, 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. 1014. In lieu
of using the electronic system (if, for example, there is a
malfunction in the electronic system), the Speaker in his discretion
may direct that the presence of Members be recorded by clerks or he
may direct that a quorum call be taken by an alphabetical call of the
roll. Manual Sec. Sec. 1015, 1019.
Under rule XX clause 4(b), the Chair may count Members who are
present and do not vote as follows:
Members who are visible, including those behind the railing.
Deschler Ch 20 Sec. 3.6.
Members in the process of leaving the Chamber. Deschler Ch 20
Sec. 3.5.
Himself. Deschler Ch 20 Sec. 3.7.
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However, the Chair may not count the following Members:
Members in the cloakrooms out of sight. Deschler Ch 20
Sec. 3.10.
Members entering the Chamber after the Chair announces the
result of the quorum call. Deschler Ch 20 Sec. Sec. 3.11-3.13.
In any case, the Chair's count of a quorum is conclusive and may
not be challenged on appeal. Manual Sec. 629.
The number of Members present for the purpose of determining the
absence of a quorum may be established by a count of the number of
Members voting on a pending proposition. Deschler Ch 20 Sec. 2.13.
However, the Chair's count of those Members standing on a division
vote in the House does not demonstrate the absence of a quorum because
the Chair, in taking such a vote, does not count all Members present
in the Chamber but only those standing. Deschler Ch 20 Sec. 2.18.
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. Such
recount may be in response to a statement of a Member that more
Members had entered the Chamber since the first count, thereby
establishing 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 or the
reading of a resolution, even though the resolution was privileged for
consideration. Deschler Ch 20 Sec. Sec. 13.11, 13.12, 13.14.
Under the modern practice, the use of points of order of no quorum
in the House has been sharply curtailed. Under rule XX clause 7(a), a
point of no quorum is not in order unless a question has been put to a
vote, notwithstanding the failure of a quorum to have voted on a prior
item of business no longer pending. 95-1, Sept. 16, 1977, p 29563.
Therefore, a point of order of no quorum may not be made during the
offering of the prayer, the administration of the oath, the reception
of messages from the President
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or the Senate, the reading of the Journal, or special orders. The
refusal of the Chair to entertain a point of order of no quorum where
prohibited by clause 7(a) is not subject to appeal. Manual Sec. 629.
Furthermore, the Chair will not entertain a unanimous-consent request
to waive the provisions of rule XX clause 7(a). 93-2, Dec. 9, 1974, p
38664.
In Committee of the Whole
A similarly restrictive rule applies to points of order of no
quorum in the Committee of the Whole. Rule XVIII clause 6(b) states
that, ``after a quorum has once been established on a day,'' the Chair
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 Chair
has put the pending question to a vote. Manual Sec. 982. A Member may
make a point of order of no quorum while the Chair is counting those
standing in the Committee to support a demand for a recorded vote and
before 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. Manual Sec. 1012. The Chair will resume his count for a
recorded vote when the requesting Member withdraws his point of order
of no quorum (which is the usual practice).
The restriction of rule XVIII clause 6 against making a point of
order of no quorum ``after a quorum has once been established on a
day'' means on that day during consideration of the pending bill,
because the House resolves itself into a new Committee of the Whole on
each bill, with a new Chairman. Manual Sec. 982. The rule restricting
points of order of no quorum in the Committee after a quorum has once
been established is applicable whether the quorum was established by a
regular quorum call or a ``short'' quorum call. 95-2, June 8, 1978, p
16778. For a discussion of a regular quorum call and a short quorum
call, see Sec. 17, infra.
Although a point of order of no quorum may be raised during
general debate in the Committee of the Whole, the Chair is given the
discretion to entertain it under rule XVIII clause 6(b). Manual
Sec. 982.
A point of order of no quorum does not lie in the Committee
against the adoption of a motion that the Committee rise, because that
motion (as distinguished from the motion to rise and report) does not
require a quorum for adoption. Rule XVIII clause 6(d); 4 Hinds
Sec. Sec. 2972, 2975.
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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 XX
clause 6, if timely made, necessarily precipitates a call of the House
(unless the House adjourns) and, simultaneously, a vote by the yeas
and nays on the pending question. Manual Sec. 1025.
The objection to a vote permitted by rule XX clause 6 applies only
to votes on questions requiring a quorum. Thus, an objection may not
be raised under the rule to an affirmative vote on a motion to adjourn
or to a vote on a motion incidental to a call of the House, neither of
which requires a quorum for adoption. 4 Hinds Sec. 2994; 6 Cannon
Sec. 681; Deschler Ch 20 Sec. 2.
For further discussion of the ``automatic'' vote by the yeas and
nays that ensues under rule XX clause 6, see Sec. 14, infra.
Effect of Postponement
When a Member objects to a vote on the ground that a quorum is not
present, and further proceedings are postponed under rule XX clause 8
or by unanimous consent, the Speaker puts the question de novo when
the measure is again before the House as unfinished business. Members
then have the same right to object on that ground as when the question
was originally put. Deschler Ch 21 Sec. 3.18. When further proceedings
are postponed, the Speaker announces that the point of order that a
quorum is not present is considered as withdrawn because the point of
order is no longer in order (a question not being pending after the
Speaker's announcement of postponement). Manual Sec. 1026. In the
Committee of the Whole, when proceedings resume on a request for a
recorded vote on an amendment postponed under rule XVIII clause 6(g),
the voice vote is acknowledged and the request is announced as
pending. At this time, a point of order of no quorum may be made.
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 has been
laid on
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the table. Deschler Ch 20 Sec. Sec. 13.23, 13.24. However, 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 that 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 demand for the yeas and nays following a
division vote. Deschler Ch 20 Sec. 13.19.
After a sufficient number have risen to order the yeas and
nays but before the start of the vote. 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
was put. Deschler Ch 20 Sec. 13.1. However, 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. In order to raise such an
objection, a Member must be on his feet and actively seeking
recognition when the Chair announces the result of the vote. Deschler
Ch 20 Sec. 13.25. 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,
and the Speaker has on occasion expressed reluctance to hold a point
of order of no quorum dilatory for that reason, 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
the sole purpose of delay where the presence of a quorum, as evidenced
by an immediately preceding vote or quorum call, is apparent. 5 Hinds
Sec. Sec. 5724, 5725; 8 Cannon Sec. 2808; Deschler Ch 20 Sec. 14.
Since rule XVIII and rule XX were amended to restrict recognition for
points of no quorum, the use of repeated points of order as a dilatory
tactic has lost its efficacy. Under rule XVIII clause 6 and rule XX
clause 7(a), the Chair may not entertain a point of no quorum unless a
question has been put to a vote.
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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. A point of order of no quorum is considered withdrawn where
the Chair exercises any postponement authority under rule XVIII clause
6(g) or rule XX clause 8. Manual Sec. Sec. 984, 1026.
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 12481). The point may not then be
withdrawn even by unanimous consent, because the House may not conduct
business, including the disposition of unanimous-consent requests, in
the announced absence of a quorum. Deschler Ch 20 Sec. 18.7. The same
rule is followed in the Committee of the Whole. Deschler Ch 20
Sec. 18.6.
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 Sec. Sec. 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 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.
Rule XX authorizes three separate procedures for a call of the
House. They are as follows:
The call of the House under clause 6 whenever objection is
raised to a vote taken in the absence of a quorum. Manual
Sec. 1025. This call is sometimes referred to as an
``automatic'' call because it proceeds by operation of the rule
and does not require a motion. See Sec. 14, infra.
The call of the House under clause 7(b), which permits the
Speaker in his discretion to recognize for a motion for acall
of the House at any time. See Sec. 12, infra.
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The call of the House under clause 5 that is used in the
absence of a quorum to compel the attendance of absent Members.
The Speaker may recognize for that motion, which must be
adopted by a majority comprising at least 15 Members. See
Sec. 13, infra. The call under this clause is sometimes
referred to as the ``old'' form of the call, clause 5 having
been first adopted in 1789.
Rule XX clause 5, enabling 15 Members to order a call of the
House, 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 6, having been provided
for by rule in 1896, is described as the call of the House in the new
form. It supersedes 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
5 or clause 7(b) is in order at the Chair's discretion. On the other
hand, the automatic call under clause 6 ensues while the House is
voting. Manual Sec. Sec. 1021-1025; 4 Hinds Sec. 2990. Indeed, clause
5 should be read in light of clause 7(a), which prohibits the Speaker
from entertaining a point of no quorum unless a question has been put
to a vote , and clause 7(b), which gives the Speaker discretion to
recognize for a call of the House at any time. Manual Sec. Sec. 1027,
1028.
In Committee of the Whole
The provisions of rule XX clauses 5, 6, and 7, 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, a
Member may not object to a vote in the Committee on the ground that a
quorum is not present. Deschler Ch 20 Sec. 16.1; Sec. 6, supra. In the
Committee of the Whole, the quorum call and the vote occur seriatim
and not simultaneously as they do in the House under rule XX clause 6.
The requirement of, and the procedures for, obtaining a quorum in
Committee of the Whole are found in rule XVIII clause 6.
Sec. 12 . The Motion for a Call
Under rule XX clause 7(b), a motion for a call of the House is
permitted at any time subject to clause 7(c). Clause 7(c) precludes
such motion after the previous question has been ordered unless the
Speaker determines by actual count that a quorum is not present. A
motion for a call of the House is in order notwithstanding language in
rule XX clause 7(a) that a point of order of no quorum may not be
entertained unless the Speaker has put a pending question to a vote.
Manual Sec. Sec. 1027-1029. Under this rule,
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the Speaker may at any time in his discretion recognize a Member to
offer the motion. Thus, the Speaker may refuse recognition. Manual
Sec. 1029. The motion is privileged if entertained by the Chair. It
may be entertained after another Member has been recognized but before
he has begun his remarks. Deschler-Brown Ch 29 Sec. 23.15. When a
Member is under recognition for debate, another Member may be
recognized to move a call of the House only if yielded to for that
purpose. 105-2, July 23, 1998, p ____. The motion is not debatable. 6
Cannon Sec. Sec. 683, 688.
If the motion is rejected, the House proceeds with business.
Deschler-Brown Ch 29 Sec. 20.20. However, if the motion is adopted by
a record vote, and a quorum is established thereby, a call of the
House must proceed unless rescinded by unanimous consent. 94-1, Oct.
22, 1975, p 33688.
Sec. 13 . The Call to Compel Attendance of Absent Members
In General
Rule XX clause 5 authorizes a motion for a call to compel the
attendance of absent Members when the call is ordered by at least 15
Members (including the Speaker). Recognition for the motion is within
the Speaker's discretion, and the motion may not be adopted by fewer
than 15 affirmative votes. Unless that number is 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.
If a majority votes to compel attendance under this rule,
absentees are notified. Manual Sec. 1021. 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. 1021.
When a call of the House is ordered under this rule, the Speaker
may direct the taking of the call by electronic device or by a call of
the roll. Manual Sec. Sec. 1014, 1015. A motion to adjourn takes
precedence over a call of the House. 8 Cannon Sec. 2642.
Under the modern practice, clause 5 is seldom used. It should be
read in light of rule XX clause 7(a), which precludes a point of order
of no quorum except when the Chair has put a question to a vote, and
clause 7(b), which gives the Speaker discretion to recognize for a
call of the House at any time. Manual Sec. Sec. 1027, 1028.
[[Page 744]]
Sec. 14 . The Automatic Call
In General
Under rule XX clause 6, a call of the House ensues whenever a
quorum fails to vote on any question that requires a quorum (assuming
that the House does not adjourn), if in fact a quorum is not present
and objection to the vote is made for that reason. The rule provides
for a call of the House and states that the yeas and nays on the
pending question ``shall at the same time be considered as ordered.''
Manual Sec. 1025. 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. Deschler Ch 20 Sec. 2; 6 Cannon
Sec. 695.
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.
Manual Sec. 1025; Deschler Ch 20 Sec. 4.2. 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, pursuant to rule XX clause
6, that a quorum is constituted; and he is not required to announce
his actual count. Manual Sec. 1025.
Although arrest of Members is rare in modern practice, Members who
do not respond to the call are subject to arrest by the Sergeant-at-
Arms. See Sec. 19, infra.
The Speaker is authorized to declare that a quorum is constituted
if those voting on the question, together with those who are present,
make up a majority of the House. Manual Sec. 1025. Such a declaration
dispenses with further proceedings. See Sec. 20, infra. The pending
question is then decided by a majority of those voting, a quorum being
present. Manual Sec. 1025.
Invoking the Call
The automatic call of the House under rule XX clause 6 may be
invoked by a Member who rises following the announcement of the result
of a vote to state:
Mr. Speaker, I object to the vote on the ground that a quorum is
not present and make a point of order that a quorum is not present.
If no Member rises to object that a record vote discloses that a
quorum is not present, the Speaker, on his own initiative, must
declare the absence of a quorum, thereby invoking the automatic call.
Deschler Ch 20 Sec. 2.
The automatic call does not apply when the House is voting on some
question that does not require a quorum, such as a motion incidental
to a
[[Page 745]]
call of the House or a motion to adjourn decided in the affirmative.
Manual Sec. 1025; 4 Hinds Sec. 2994; 6 Cannon Sec. 681.
Sec. 15 . Use of Electronic Equipment
In General
The Speaker is authorized under rule XX clause 2(a) to use the
electronic equipment in the Chamber to record those voting on or
present for any quorum call. Manual Sec. 1014. The use of this
equipment is not mandatory. The Speaker has discretion, for example,
to direct the Clerk to call the roll where a quorum fails to vote on
any question and objection is made for that reason. Deschler Ch 20
Sec. 4.2. The Speaker also has the discretion under rule XX to direct
that the quorum call be taken by clerk tellers under clause 4 or by an
alphabetical call of the roll under clause 3, rather than by
electronic device. Deschler Ch 20 Sec. 4.1. These alternatives are
normally used when the electronic system is inoperable. Rule XX clause
2(b).
Response Time
On a call of the House conducted by electronic device, the Members
have not less than 15 minutes to respond. Rule XX clause 2; Manual
Sec. 1014. 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.
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 or quorum call open. The Speaker has also announced that each
occupant of the Chair would have his full support in striving to close
each electronic vote or quorum call at the earliest opportunity and
that Members should not rely on signals relayed from outside the
Chamber to assume that votes or quorum calls will be held open until
they arrive. At the same time, the Chair will not close a vote or
quorum while a Member is in the well attempting to vote. At the
beginning of the 108th Congress, the Speaker instituted a new practice
of reminding Members when two minutes remain on the clock. Manual
Sec. 1014.
Sec. 16 . Names Published and Recorded on a Call
Under rule XX clause 2(a), the names of those Members who respond
to a quorum call are entered in the Journal and published in the
Congressional Record. Manual Sec. 1014. When the call is taken by
clerks, the clerks record the names of those present and note the
names of absentees. Manual
[[Page 746]]
Sec. 1019. Members responding to a quorum call ordered on motion under
rule XX clause 5 must report their names to the Clerk to be entered on
the Journal. Manual Sec. 1021. When an automatic call of the House
ensues under rule XX clause 6, Members brought in by the Sergeant-at-
Arms are noted as present. Manual Sec. 1025.
Under rule XX clause 4(b), any Member may demand, or the Speaker
may require, that the names of those Members not voting be noted by
the Clerk, recorded in the Journal, and reported to the Speaker, along
with the names of those Members voting, in determining the presence of
a quorum. Manual Sec. 1020. The Speaker may direct the Clerk to note
the names of Members under this rule even on a vote 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 XVIII
clause 6. That rule permits two kinds of quorum calls in the
Committee, to wit: a ``regular'' quorum call and a ``notice'' or
``short'' quorum call. Manual Sec. 982.
A ``regular'' quorum call is initiated under rule XVIII clause
6(a). That rule sets forth the circumstances under which the Chair is
to invoke the procedures normally available to the Speaker for quorum
calls in the House under the applicable provisions of rule XX.
Specifically, rule XX clause 2(a) allows at least 15 minutes for
Members to respond and requires the publication of the names of those
Members answering present. Manual Sec. 1014; generally, see
Sec. Sec. 15, 16, supra.
A ``notice'' or ``short'' quorum call is permitted under rule
XVIII clause 6(c). That provision permits the Chair, at any time
during a call, subject to his prior announcement, to determine and
declare that a quorum is present. Proceedings under the call are then
considered vacated, and the Committee resumes its business. This
provision permits the Chair 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 Chair to convert to a
regular quorum call in the event that a quorum does not appear. The
Chair need not convert to a regular quorum call precisely at the
expiration of 15 minutes if a quorum (100 Members) has 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 rule XX clause 2(a). Manual
Sec. 982.
[[Page 747]]
When in Order
Under rule XVIII clause 6(a), the first time that a Committee of
the Whole finds itself without a quorum on a day, the Chair must
invoke one of the quorum call procedures that are available to him
under rule XX. Thereafter, quorum calls are permitted only during
proceedings under the five-minute rule when the Chair has put a
pending question to a vote. A point of order of no quorum during
general debate is permitted only at the discretion of the Chair.
Manual Sec. 982.
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 Chair has the discretion to
effect the call by an alphabetical call of the roll or by clerk
tellers. Rule XVIII clause 6(a), which incorporates by reference rule
XX clauses 2, 3, and 4(a). Thus, the Chair may direct that a
``notice'' quorum call be conducted pursuant to the provisions of rule
XX clause 4(a)--by depositing quorum tally cards with clerk tellers--
in lieu of conducting the call by electronic device or a call of the
roll. Deschler-Brown Ch 30 Sec. 31.9.
The so-called automatic call authorized by rule XX clause 6 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 Chair reports the names
of absentees to the House only in the event that a quorum fails to
respond to the quorum call under rule XVIII clause 6.
Sec. 18 . Motions in Order During the Call
Generally
With the exception of the motion to adjourn, the only motions in
order during a call of the House are those in furtherance of the
effort to secure a quorum. 6 Cannon Sec. 682. Motions held not in
order include:
Motion to recess. 4 Hinds Sec. Sec. 2995, 2996.
Motion to dispense with further proceedings under the call. 4
Hinds Sec. 2992.
Motion to excuse Members from voting. 4 Hinds Sec. 3007.
Motion relating to deductions from the pay of Members. 4 Hinds
Sec. 3011.
[[Page 748]]
Motions that are intended to secure a quorum and therefore in order
during the call of the House include:
Motion that the Speaker issue warrants for the arrest of
absent Members. 6 Cannon Sec. 681.
Motion that the Sergeant-at-Arms take absent Members into
custody. 4 Hinds Sec. 3029; 6 Cannon Sec. 685.
Motion that the Sergeant-at-Arms report progress in securing a
quorum. 6 Cannon Sec. 687.
Motion for the previous question on a proposition incident to
a call of the House. 5 Hinds Sec. 5458.
Motion to reconsider a vote incident to a call of the House. 5
Hinds Sec. Sec. 5607, 5608.
Motions to Adjourn
The motion to adjourn takes precedence over a call of the House.
Deschler Ch 20 Sec. Sec. 8.14, 8.15. The vote on the motion is taken
before the call of the House, even when the motion for the call was
offered but not finally agreed to before 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. Deschler Ch
20 Sec. Sec. 8.22, 8.23. The motion to adjourn may not be entertained
during the call. However, 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.
Rule XX clause 6, which authorizes automatic votes by the yeas and
nays, permits the House to adjourn in the absence of a quorum and
before a call of the House. Clause 6(c) gives the Speaker discertion
to recognize a motion to adjourn after the vote has been completed but
before the result has been announced if the motion has been seconded
by a majority of those present, to be ascertained by actual count of
the Speaker. Manual Sec. 1025.
Sec. 19 . Securing Attendance; Arrests
Under Rule XX Clause 6
The attendance of absent Members may be secured under rule XX
clause 6, which provides for the automatic vote by the yeas and nays.
Under this rule, the Sergeant-at-Arms ``shall proceed forthwith'' 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. 1025. Compulsory attendance or arrest
has been rare in the modern practice.
[[Page 749]]
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 Sec. Sec. 3045-3048. 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). However, to 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 (6 Cannon Sec. Sec. 680, 702), he usually does not do so without
House authorization (Deschler Ch 20 Sec. 5.10). The warrant takes the
following form (4 Hinds Sec. 3041):
To __________, Sergeant-at-Arms of the House of Representatives,
or his deputies:
Whereas rule XX clause 6 of the House of Representatives provides
as follows: ________________
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. 4 Hinds Sec. 3044.
Under Rule XX Clause 5
The use of the Office of the Sergeant-at-Arms to procure the
presence of Members in the Chamber also is permitted by rule XX clause
5, which authorizes the Speaker to recognize a motion, which requires
15 Members to adopt, to compel the attendance of absent Members.
Sec. 13, supra. Under the rule, a majority of those present, numbering
at least 15 Members, 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. Sec. 1021, 1023. 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
[[Page 750]]
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 Sec. Sec. 3032-3034.
The motion for the arrest of absentees is in the form of an order
to the Sergeant-at-Arms, as follows (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 XX clause 5, has no authority to compel the attendance of absent
Members. Deschler Ch 20 Sec. 5.9. A motion that 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. In that case, no timely point of
order was raised against the motion due to lack of a quorum.
Therefore, the motion was held to be binding on the Speaker and other
Members. 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.
Under the modern practice, clause 5 is seldom used. It should be
read in light of rule XX clause 7(a), which precludes a point of order
of no quorum except when the Chair has put a question to a vote, and
clause 7(b), which gives the Speaker discretion to recognize for a
call of the House at any time. Manual Sec. Sec. 1027, 1028.
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,'' 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. Manual Sec. 380;
Deschler Ch 20 Sec. 6. Rule XX clause 4, adopted in 1972, states that
``the doors may not be closed except when ordered by the Speaker''
pursuant to a quorum call. Manual Sec. 1019. The precursor of this
rule gave the Speaker the discretion, in securing a
[[Page 751]]
quorum, to order the doors closed or even locked. Deschler Ch 20
Sec. 6.2 (note).
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. However, in one
instance the doors were locked ``until disposition of the pending
business'' (the reading of the Journal). This action was taken by
order of the House rather than by order of the Speaker. Deschler Ch 20
Sec. 6.5. In 1968, Speaker McCormack 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.
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. Under the modern practice, rule XX
clause 7(b) eliminates the motion to dispense with further proceedings
under a call of the House following establishment of a quorum. Manual
Sec. 1028. 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
unless the Speaker in his discretion recognizes for a motion to compel
the attendance of Members under rule XX clause 5(b).