[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 118th Congress] [118th Congress] [House Document 117-161] [Rules of the House of Representatives] [Pages 864-895] [From the U.S. Government Publishing Office, www.gpo.gov] Rule XX voting and quorum calls
Sec. 1012. Voting viva voce, by division, by electronic device. | 1. (a) The House shall divide after the Speaker has put a question to a vote by voice as provided in clause 6 of rule I if the Speaker is in doubt or division is demanded. Those in favor of the question shall first rise or otherwise indicate from their seats and be counted, and then those opposed. |
Sec. 1013. Former ordering of tellers and taking of the vote. | For precedents related to the former right to demand tellers, ordering of tellers, and taking of the vote, see Sec. Sec. 1012 and 1013 of the House Rules and Manual for the 115th Congress (H. Doc. 114-192). |
Sec. 1014. Use of electronic equipment in recording roll calls. | 2. (a) Unless the Speaker directs otherwise, the Clerk shall conduct a record vote or quorum call by electronic device. In such a case the Clerk shall enter on the Journal and publish in the Congressional Record, in alphabetical order in each category, the names of Members recorded as voting in the affirmative, the names of Members recorded as voting in the negative, and the names of Members answering present as if they had been called in the manner provided in clause 3. Except as otherwise permitted under clause 8 or 9 of this rule or under clause 6 of rule XVIII, the minimum time for a record vote or quorum call by electronic device shall be 15 minutes. |
Sec. 1014a. Procedure when electronic voting system inoperable. | (b) When the electronic voting system is inoperable or is not used, the Speaker or Chair may direct the Clerk to conduct a record vote or quorum call as provided in clause 3 or 4. |
Sec. 1016. Bell system. | The legislative call system was designed to alert Members to certain occurrences on the floor of the House. The Speaker has directed that the bells and lights comprising the system be utilized as follows (Jan. 23, 1979, p. 701): |
Sec. 1017. Changes and corrections of votes. | Before the result of a vote has been finally and conclusively pronounced by the Chair, but not thereafter, a Member may change a vote (V, 5931-5933, 6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered ``present'' may change it to ``yea'' or ``nay'' (V, 6060). However, a vote given by a Member may not be withdrawn without leave of the House (V, 5930). |
Sec. 1018. Interruptions of the roll call. | Once begun the roll call may not be interrupted even by a motion to adjourn (V, 6053; VIII, 3133), a parliamentary inquiry (VIII, 3132) except in the discretion of the Chair and if related to the call (Deschler-Brown, ch. 31, Sec. Sec. 15.14, 15.15), a question of personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the time fixed for another order of business (V, 6056) or for a recess (V, 6054, 6055; VIII, 3133), or the presentation of a conference report (V, 6443). However, it is interrupted for the reception of messages and by the arrival of the hour fixed for adjournment sine die (V, 6715-6718). A Member-elect may be sworn during a record vote (e.g., Jan. 4, 2005, p. 46; Jan. 6, 2005, p. 242). Incidental questions arising during the roll call, such as the refusal of a Member to vote (V, 5946-5948), are considered after the completion of the call and the announcement of the vote (V, 5947). The rules do not preclude a Member from announcing after a recorded vote how the Member would have voted if present (Speaker Rayburn, June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor practice permit a Member to announce after a recorded vote how absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p. 1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp. 4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563). |
Sec. 1019. Quorum call by clerks. | 4. (a) The Speaker may direct a record vote or quorum call to be conducted by tellers. In such a case the tellers named by the Speaker shall record the names of the Members voting on each side of the question or record their presence, as the case may be, which the Clerk shall enter on the Journal and publish in the Congressional Record. Absentees shall be noted, but the doors may not be closed except when ordered by the Speaker. The minimum time for a record vote or quorum call by tellers shall be 15 minutes. |
Sec. 1020. Count of those not voting to make a quorum of record on a roll call. | (b) On the demand of a Member, or at the suggestion of the Speaker, the names of Members sufficient to make a quorum in the Hall of the House who do not vote shall be noted by the Clerk, entered on the Journal, reported to the Speaker with the names of the Members voting, and be counted and announced in determining the presence of a quorum to do business. |
Sec. 1021. The call of the House. | 5. (a) In the absence of a quorum, a majority comprising at least 15 Members, which may include the Speaker, may compel the attendance of absent Members. |
Sec. 1022. Ordering and conducting the call. | Under this rule a call may not be ordered by less than 15, and without that number present the motion for a call is not entertained (IV, 2983). It must be ordered by majority vote, and a minority of 15 or more favoring a call on such vote is not sufficient (IV, 2984). A quorum not being present no motion is in order but for a call of the House or to adjourn (IV, 2950, 2988; VI, 680), and at this stage the motion to adjourn has precedence over the motion for a call of the House (VIII, 2642). |
Sec. 1023. Arrest of Members. | An order of arrest for absent Members may be made after a single calling of the roll (IV, 3015, 3016), and a warrant issued on direction of those present, such motion having precedence of a motion to dispense with proceedings under the call (IV, 3036). The Sergeant-at-Arms is required to arrest Members wherever they may be found (IV, 3017), and the former leave for a committee to sit during sessions did not release its members from liability to arrest (IV, 3020). A motion to require the Sergeant-at-Arms to report progress in securing a quorum is in order during a call of the House (VI, 687). A Member who appears and answers is not subject to arrest (IV, 3019), and in a case in which a Member complained of wrongful arrest the House ordered the Sergeant-at-Arms to investigate and amend the return of his warrant (IV, 3021). A Member once arrested having escaped it was held that he might not be brought back on the same warrant (IV, 3022). A privileged motion to compel the attendance of absent Members is in order after the Chair has announced that a quorum has not responded on a negative recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386). |
Sec. 1024. Motions during a call. | During the call, which in later practice has been invoked only in the absence of a quorum, incidental motions may be agreed to by less than a quorum (IV, 2994, 3029; VI, 681), and under clause 7 (formerly clause 6(a)(4) of rule XV) a point of order of no quorum may not be made during the offering, consideration, and disposition of any motion incidental to a call of the House. This includes motions for the previous question (V, 5458); to reconsider and to lay the motion to reconsider on the table (V, 5607, 5608); to adjourn, which is in order even in the midst of the call of the roll for excuses (IV, 2998) or while the House is dividing on a motion for a call of the House (VIII, 2644), and which takes precedence over a motion to dispense with further proceedings under the call (VIII, 2643); and an appeal from a decision of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays may also be ordered (IV, 3010), but a question of privilege may not be raised unless connected immediately with the proceedings (III, 2545). Motions not strictly incidental to the call are not admitted, as for a recess (IV, 2995, 2996), to excuse a Member from voting even when otherwise in order (IV, 3007), to enforce the statute relating to deductions of pay of Members for absence (IV, 3011; VI, 682), to construe a rule or make a new rule (IV, 3008), or to order a change of a Journal record (IV, 3009). An appeal also may not be entertained during a call of the yeas and nays (V, 6051). A motion for a call of the House is not debatable (VI, 683, 688). The motion to compel the attendance of absent Members, being neither debatable nor amendable, is not subject to a motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389). |
Sec. 1024a. ``Provisional quorum.'' | (c)(1) If the House should be without a quorum due to catastrophic circumstances, then-- |
Sec. 1024b. Accounting for vacancies. | (d) Upon the death, resignation, expulsion, disqualification, removal, or swearing of a Member, the whole number of the House shall be adjusted accordingly. The Speaker shall announce the adjustment to the House. Such an announcement shall not be subject to appeal. In the case of a death, the Speaker may lay before the House such documentation from Federal, State, or local officials as the Speaker deems pertinent. |
Sec. 1024c. Modifications during public health emergency. | During the 116th Congress, the House adopted a series of temporary modifications to proceedings in the House and its committees in response to a global pandemic, to be effective for 45 calendar days (subject to extension) upon designation by the Speaker following notification from the Sergeant-at-Arms of a public health emergency, including: (1) authority for a Member to designate another Member as a proxy for purposes of voting and recording presence in the House and requirements for service as a proxy; (2) restriction on any Member serving as a proxy for more than 10 Members; (3) counting for purposes of establishing a quorum under House rules any Member voting or recording their presence by proxy; (4) automatic ordering of yeas and nays upon demand for yeas and nays, recorded vote, or objection pursuant to clause 6 of rule XX; (5) authorization for committees to conduct proceedings remotely in whole or in part, including remote voting and counting for purposes of a quorum those participating remotely; (6) ability for committees to file reports, including views, electronically; (7) authority for the issuance of subpoenas signed and sealed in electronic form and designated for return at a remote committee hearing or deposition; and (8) providing for the certification of operable and secure technology to conduct remote voting in the House and subsequent implementation of a remote voting system (H. Res. 965, May 15, 2020, p. _). Such modifications were continued in the 117th Congress with revisions (sec. 3(s), H. Res. 8, Jan. 4, 2021, p. _). In addition, the Speaker announced policies permitting the electronic introduction of bills and submission of cosponsors, as well as permitting the electronic submission of extensions of remarks and other insertions into the Congressional Record (Speaker Pelosi, Apr. 7, 2020, p. _). Such announced policies were subsequently tied to the designated public health emergency (Speaker Pelosi, July 31, 2020, p. _), and were later established on a permanent basis by Speaker's announced policies at the outset of the 117th Congress (Speaker Pelosi, Jan. 4, 2021, p. _). |
Sec. 1025. The call of the House in the new form. | 6. (a) When a quorum fails to vote on a question, a quorum is not present, and objection is made for that cause (unless the House shall adjourn)-- |
Sec. 1026. Conduct of the call in the new form. | Under this clause the roll is called twice, and those appearing after their names are called may vote (IV, 3052). A motion to adjourn may be made before the call begins (IV, 3050). After the roll has been called, and while the proceedings to obtain a quorum are going on, motions to excuse Members are in order (IV, 3051). |
Sec. 1027. Quorum; when not required. | 7. (a) The Speaker may not entertain a point of order that a quorum is not present unless a question has been put to a vote. |
Sec. 1028. Speaker's discretion to recognize for motion for call of House. | (b) Subject to paragraph (c) the Speaker may recognize a Member, Delegate, or Resident Commissioner to move a call of the House at any time. When a quorum is established pursuant to a call of the House, further proceedings under the call shall be considered as dispensed with unless the Speaker recognizes for a motion to compel attendance of Members under clause 5(b). |
Sec. 1029. Relation of previous question to failure of a quorum. | (c) A call of the House shall not be in order after the previous question is ordered unless the Speaker determines by actual count that a quorum is not present. |
1030. Postponing record votes. | 8. (a)(1) When a recorded vote is ordered, or the yeas and nays are ordered, or a vote is objected to under clause 6-- |
Sec. 1031. Former pairs. | Former clause 2 of rule VIII was adopted in 1880, although the practice of pairing had then existed in the House for many years (V, 5981). The language of the clause was slightly altered by amendment in 1972 to reflect the installation of electronic voting in the 93d Congress (H. Res. 1123, Oct. 13, 1972, pp. 36005-12). It was amended in the 94th Congress (H. Res. 5, Jan. 14, 1975, p. 20) to permit pairs to be announced in the Committee of the Whole. Former clause 2 of rule VIII was deleted in the 106th Congress (H. Res. 5, Jan. 6, 1999, p. 47). ``Live'' pairs still may be announced under clause 3 (Sec. 1015, supra). |
1032. 2minute voting. | 9. (a) The Speaker may reduce to not less than two minutes the minimum time for electronic voting on any question that follows another electronic vote or a report from the Committee of the Whole, if in the discretion of the Speaker Members would be afforded an adequate opportunity to vote. |
1033. Yeas and nays ordered on certain questions. | 10. The yeas and nays shall be considered as ordered when the Speaker puts the question on passage of a bill or joint resolution, or on adoption of a conference report, making general appropriations or increasing Federal income tax rates (within the meaning of clause 5 of rule XXI), or on final adoption of a concurrent resolution on the budget or conference report thereon. |
1034. Elections by ballot. | 11. In a case of ballot for election, a majority of the votes shall be necessary to an election. When there is not such a majority on the first ballot, the process shall be repeated until a majority is obtained. In all balloting blanks shall be rejected, may not be counted in the enumeration of votes, and may not be reported by the tellers. |