=36. Reconsider.={30} This motion is peculiar in that the making of

the motion has a higher rank than its consideration, and for a certain

time prevents anything being done as the result of the vote it is

proposed to reconsider. It can be made only on the day the vote to be

reconsidered was taken, or on the next succeeding day, a legal holiday

or a recess not being counted as a day. It must be made by one who

voted with the prevailing side. Any member may second it. It can be

made while any other question is pending, even if another member has

the floor, or after it has been voted to adjourn, provided the chair

has not declared the assembly adjourned. It may be made after the

previous question has been ordered, in which case it and the motion to

be reconsidered are undebatable.

{30} H. R. Rule 18. §1. is as follows: “1. When a motion has been

made and carried, or lost, it shall be in order for any member

of the majority, on the same or succeeding day, to move for the

reconsideration thereof, and such motion shall take precedence of all

other questions except the consideration of a conference report or a

motion to adjourn, and shall not be withdrawn after the said succeeding

day without the consent of the House, and thereafter any member may

call it up for consideration: _Provided_. That such motion, if made

during the last six days of a session, shall be disposed of when made.”

This rule is construed to mean that the motion to reconsider may be

made by any member who voted on the question, except when the yeas

and nays were ordered to be recorded in the journal, which is done,

however, with every important vote.

While the making of the motion to reconsider has such high privilege,

its consideration has only the rank of the motion to be reconsidered,

though it has the right of way in preference to any new motion of equal

rank, as illustrated further on; and the reconsideration of a vote

disposing of a main question either temporarily or permanently may be

called up, when no question is pending, even though the general orders

are being carried out. The motion to reconsider cannot be amended,

postponed indefinitely, or committed. If the reconsideration is laid

on the table or postponed definitely, the question to be reconsidered

and all adhering questions go with it.{31} The previous question and

the motions limiting or extending the limits of debate may be applied

to it when it is debatable. It is undebatable only when the motion

to be reconsidered is undebatable. When debatable it opens to debate

the merits of the question to be reconsidered. It cannot be withdrawn

after it is too late to renew the motion. If the motion to reconsider

is lost it cannot be repeated except by general consent. No question

can be twice reconsidered unless it was materially amended after its

first reconsideration. A reconsideration requires only a majority vote,

regardless of the vote necessary to adopt the motion reconsidered.

{31} In Congress it is usual for the member in charge of an important

bill as soon as it is passed to move its reconsideration, and at the

same time to move that the reconsideration be laid on the table. If the

latter motion is adopted the reconsideration is dead and the bill is

in the same condition as if the reconsideration had been voted on and

lost. These Rules, like the common parliamentary law, carry the bill

to the table, from which it could be taken at any time. [See note, p.

155.] Unless there is a special rule allowing it, the two motions could

not be made at the same time in an ordinary society.

The motion to reconsider _cannot be applied_ to a vote on a motion

that may be renewed within a reasonable time; or when practically

the same result may be attained by some other parliamentary motion;

or when the vote has been partially executed (except in case of the

motion to limit debate), or something has been done as the result of

the vote that the assembly cannot undo; or to an affirmative vote in

the nature of a contract, when the other party to the contract has

been notified of the vote; or to a vote on the motion to reconsider.

In accordance with these principles, votes on the following motions

cannot be reconsidered: Adjourn; Take a Recess; Lay on the Table; Take

from the Table; Suspend the Rules or Order of Business; and Reconsider.

Affirmative votes on the following _cannot be reconsidered_: Proceed

to the Orders of the Day; Adopt, or after they are adopted, to Amend,

or Repeal, or Rescind, the Constitution, By-laws, or Rules of Order

or any other rules that require previous notice for their amendment;

Elect to membership or office if the member or officer is present and

does not decline, or if absent and has learned of his election in the

usual way and has not declined; to Reopen Nominations. A negative

vote on the motion to Postpone Indefinitely cannot be reconsidered

as practically the same question comes up again when the vote is

taken on the main question. After a committee has taken up the matter

referred to it, it is too late to reconsider the vote committing it,

though the committee may be discharged. But after debate has proceeded

under an order limiting or extending the limits of debate, the vote

making that order may be reconsidered, as the debate may develop facts

that make it desirable to return to the regular rules of debate. The

minutes, or record of proceedings, may be corrected at any time without

reconsidering the vote approving them.

If the main question is pending and it is moved to reconsider the vote

on any subsidiary [=12=], incidental [=13=], or privileged [=14=]

motion, the chair states the question on the reconsideration the

moment the motion to be reconsidered is in order if it were made then

for the first time. Thus, if, while the motions to commit, for the

previous question, and to lay on the table are pending, it is moved to

reconsider a negative vote on postponing to a certain time, the chair

proceeds to take the vote on laying on the table and, if that is lost,

next on the previous question, and then on reconsidering the vote on

the postponement, and if that is adopted, then on the postponement,

and if that is lost, then on to commit. If the motion to lay on the

table had been carried, then when the question was taken from the

table the same method of procedure would be followed; that is, the

question would be first on ordering the previous question, and next on

reconsidering the vote on the postponement, etc. If the reconsideration

of an amendment of the first degree is moved while another amendment

of the same degree is pending, the pending amendment is first disposed

of and then the chair announces the question on the reconsideration of

the amendment. If the reconsideration of an amendment to an immediately

pending question is moved the chair at once announces the question on

the reconsideration.

If the reconsideration is moved while another subject is before the

assembly, it cannot interrupt the pending business, but, as soon as

that has been disposed of, if called up it has the preference over all

other main motions and general orders. In such a case the chair does

not state the question on the reconsideration until it is called up.

If the motion to reconsider is made at a time when the reconsideration

could be called up if it had been previously made, the chair at once

states the question on the reconsideration, unless the mover adds

to his motion the words, “and have it entered on the minutes,” as

explained further on.

If, after the vote has been taken on the adoption of a main motion, it

is desired to reconsider the vote on an amendment, it is necessary to

reconsider the vote on the main question also, and one motion should

be made to cover both votes. The same principle applies in case of

an amendment to an amendment, whether the vote has been taken on the

resolution, or only on the amendment of the first degree. When the

motion covers the reconsideration of two or three votes, the debate is

limited to the question that was first voted on. Thus, if the motion

is to reconsider the votes on a resolution and amendments of the first

and second degree, the debate is limited to the amendment of the second

degree. If the motion to reconsider is adopted the chair states the

question on the amendment of the second degree and recognizes the mover

of the reconsideration as entitled to the floor. The question is now

in exactly the same condition it was in just previous to taking the

original vote on that amendment.

The _Forms_ of making this motion are as follows: “I move to reconsider

the vote on the resolution relating to a banquet.” “I move to

reconsider the vote on the amendment to strike out ‘Wednesday’ and

insert ‘Thursday.’” [This form is used when the resolution is still

pending.] “I move to reconsider the votes on the resolution relating

to a banquet and on the amendment to strike out ‘Wednesday’ and insert

‘Thursday.’” [This form is used when the vote has been taken on the

resolution, and it is desired to reconsider the vote on an amendment.]

When the motion to reconsider is made the chair states the question,

if it can then be considered, and proceeds as with any other question.

If it cannot be considered at that time, he says, “Mr. A moves to

reconsider the vote on.... The secretary will make a note of it,” and

proceeds with the pending business. The reconsideration, after being

moved, is brought before the assembly for action as explained in the

previous paragraph. If it is _called up_ by a member, he simply says,

after obtaining the floor, “I call up the motion to reconsider the

vote on.......” This call requires no second or vote. If the call is

in order, as previously explained, the chair says, “The motion to

reconsider the vote [or votes] on ......... is called up. The question

is, ‘Will the assembly reconsider the vote [or votes] on.........?

Are you ready for the question?’” If the reconsideration is one that

the chair states the question on as soon as it can be considered (as

when it is moved to reconsider an amendment while another amendment

is pending), as soon as the proper time arrives the chair states the

question on the reconsideration the same as if the motion to reconsider

were made at this time.

When the debate, if there is any, is finished, he _puts the question_

thus: “As many as are in favor of reconsidering the vote on the

resolution relating to a banquet, say _aye_; those opposed say _no_.

The ayes have it and the vote on the resolution is reconsidered. The

question is now on the resolution, which is,” etc. Or, the question

may be put thus: “The question is, Will the assembly reconsider the

votes on the resolution relating to a banquet, and on the amendment

to strike out ‘Wednesday’ and insert ‘Thursday?’ As many as are in

favor of the reconsideration say _aye_; those opposed say _no_. The

ayes have it and the votes on the resolution and the amendment are

reconsidered. The question is now on the amendment, which is,” etc.

If the motion to reconsider is adopted the business is in exactly the

same condition it was in before taking the vote, or the votes, that

have been reconsidered, and the chair instantly states the question

on the immediately pending question, which is then open to debate and

amendment as before.

The _Effect of Making_ this motion is to suspend all action that the

original motion would have required until the reconsideration is

acted upon; but if it is not called up, this effect terminates with

the session{32} [=63=], except in an assembly having regular meetings

as often as quarterly, when, if not called up, its effect does not

terminate till the close of the next regular session. As long as its

effect lasts, any one at an adjourned, or a special, or a regular

meeting, may _call up_ the motion to reconsider and have it acted

upon, though it is not usual for any one but the mover to call it up

on the day it is made if the session lasts beyond that day and there

is no need of prompt action.

{32} In Congress the effect always terminates with the session,

and it cannot be called up by any one but the mover, until the

expiration of the time during which it will be in order to move a

reconsideration.

The _Effect of the Adoption_ of this motion is to place before

the assembly the original question in the exact position it

occupied before it was voted upon; consequently no one, after the

reconsideration is adopted, can debate the question reconsidered

who had on that day exhausted his right of debate on that question;

his only recourse is to discuss the question while the motion

to reconsider is before the assembly. If the question is not

reconsidered until a later day than that on which the vote to be

reconsidered was taken, then it is open to free debate regardless of

speeches made previously. When a vote taken under the operation of

the previous question is reconsidered, the question is then divested

of the previous question, and is open to debate and amendment,

provided the previous question had been exhausted by votes taken on

all the questions covered by it, before the motion to reconsider was

made.

In standing and special committees a vote may be reconsidered

regardless of the time elapsed since the vote was taken, provided the

motion is made by one who did not vote with the losing side, and that

all members who voted with the prevailing side are present, or have

received due notice that the reconsideration would be moved at this

meeting. A vote cannot be reconsidered in committee of the whole.

_Reconsider and Have Entered on the Minutes._ {33} The motion to

reconsider, as previously explained in this section, provides means

for correcting, at least on the day on which it occurred, errors

due to hasty action. By using the same motion and having it entered

on the minutes so that it cannot be called up until another day, a

means is provided for preventing a temporary majority from taking

action that is opposed by the majority of the society. This is

needed in large societies with frequent meetings and small quorums,

the attendance in many cases not exceeding ten per cent of the

membership. It enables a society with a small quorum to protect

itself from injudicious action by temporary majorities, without

requiring previous notice of main motions and amendments as is

done in the English Parliament. To accomplish this, however, it is

necessary to allow this form of the motion to be applied to a vote

finally disposing of a main motion, regardless of the fact that

the motion to reconsider has already been made. Otherwise it would

be useless, as it would generally be forestalled by the motion to

reconsider, in its simple form, which would be voted down, and then

this motion could not be made. As this form of the motion is designed

only to be used when the meeting is an unrepresentative one, this

fact should be very apparent, and some members of the temporary

minority should vote with the temporary majority on adopting or

postponing indefinitely a main motion of importance, when they think

the action is in opposition to the wishes of the great majority

of the society. One of them should then move “to reconsider the

vote on the resolution [or motion] and have it [or, request that

it be] entered on the minutes,” which has the effect of suspending

all action required by the vote it is proposed to reconsider, as

previously explained, and thus gives time to notify absent members of

the proposed action. If no member of the temporary minority voted

with the majority, and it is too late for any one to change his vote

so as to move to reconsider, then some one should give notice of a

motion to rescind the objectionable vote at the next meeting, which

may be done by a majority vote after this notice has been given.

{33} In Congress, where the quorum is a majority of the members

elected, and the members are paid for their services, there is no

need for this form of the motion. On the contrary, it has been

found necessary to provide means by which the majority may, when it

pleases, prevent the making of the motion to reconsider by any one

except the member in charge of the measure.

Should a minority make an improper use of this form of the motion

to reconsider by applying it to a vote which required action before

the next regular business meeting, the remedy is at once to vote

that when the assembly adjourns it adjourns to meet on another day,

appointing a suitable day, when the reconsideration could be called

up and disposed of. The mere making of this motion would probably

cause the withdrawal of the motion to reconsider, as it would defeat

the object of that motion if the majority of the society is in favor

of the motion to be reconsidered. If the motion to reconsider is

withdrawn, of course the other would be.

This form of the motion to reconsider and have entered on the minutes

differs from the simple form to reconsider in the following respects:

(1) It can be made only on the day the vote to be reconsidered is

taken. If a meeting is held on the next day the simple form of the

motion to reconsider, made then, accomplishes the object of this

motion by bringing the question before the assembly on a different

day from the one when the vote was taken.

(2) It outranks the simple form of the motion to reconsider, and

may be made even after the vote has been taken on the motion to

reconsider, provided the result of the vote has not been announced.

If made after the simple form of the motion to reconsider, it

supersedes the latter, which is thereafter ignored.

(3) It can be applied only to votes which finally dispose of the

main question. They are as follows: an affirmative or negative vote

on adopting, and an affirmative vote on postponing indefinitely,

a main question. And it may be applied to a negative vote on the

consideration of a question that has been objected to, provided the

session extends beyond that day.

(4) In an assembly not having regular business meetings as often

as quarterly, it cannot be moved at the last business meeting of a

session.

(5) It cannot be called up on the day it is made, except when it is

moved on the last day of a session of an assembly not having regular

business sessions as often as quarterly, when any one can call it up

at the last business meeting of the session.

After it is called up there is no difference in the treatment of the

two forms of the motion.

=37. Rescind, Repeal, or Annul.= Any vote taken by an assembly,

except those mentioned further on, may be rescinded by a majority

vote, provided notice of the motion has been given at the previous

meeting or in the call for this meeting; or it may be rescinded

without notice by a two-thirds vote, or by a vote of a majority of

the entire membership. The notice may be given when another question

is pending, but cannot interrupt a member while speaking. To rescind

is identical with the motion to amend something previously adopted,

by striking out the entire by-law, rule, resolution, section, or

paragraph, and is subject to all the limitations as to notice and

vote that may be placed by the rules on similar amendments. It is a

main motion without any privilege, and therefore can be introduced

only when there is nothing else before the assembly. It cannot be

made if the question can be reached by calling up the motion to

reconsider which has been previously made. It may be made by any

member; it is debatable, and yields to all privileged and incidental

motions; and all of the subsidiary motions may be applied to it.

The motion to rescind can be applied to votes on all main motions,

including questions of privilege and orders of the day that have

been acted upon, and to votes on an appeal, with the following

_exceptions_: votes cannot be rescinded after something has been done

as a result of that vote that the assembly cannot undo; or where it

is in the nature of a contract and the other party is informed of the

fact; or, where a resignation has been acted upon, or one has been

elected to, or expelled from, membership or office, and was present

or has been officially notified. In the case of expulsion, the only

way to reverse the action afterwards is to restore the person to

membership or office, which requires the same preliminary steps and

vote as is required for an election.

Where it is desired not only to rescind the action, but to express

very strong disapproval, legislative bodies have, on rare occasions,

voted to rescind the objectionable resolution and _expunge_ it from

the record, which is done by crossing out the words, or drawing a

line around them, and writing across them the words, “Expunged by

order of the assembly,” etc., giving the date of the order. This

statement should be signed by the secretary. The words expunged must

not be so blotted as not to be readable, as otherwise it would be

impossible to determine whether more was expunged than ordered. Any

vote less than a majority of the total membership of an organization

is certainly incompetent to expunge from the records a correct

statement of what was done and recorded and the record of which was

officially approved, even though a quorum is present and the vote to

expunge is unanimous.

=38. Renewal of a Motion.= When an original main motion or an

amendment has been adopted, or rejected, or a main motion has been

postponed indefinitely, or an objection to its consideration has

been sustained, it, or practically the same motion, cannot be again

brought before the assembly at the same session, except by a motion

to reconsider or to rescind the vote. But it may be introduced again

at any future session.

In assemblies having regular sessions as often at least as quarterly,

a main motion cannot be renewed until after the close of the next

regular session, if it was postponed to that next session; or laid on

the table; or adopted, or rejected, or postponed indefinitely, and

the motion to reconsider was made and not acted on at the previous

session. In these cases the question can be reached at the next

session at the time to which it was postponed, or by taking it from

the table, or by reconsidering the vote.

In assemblies whose regular sessions are not as frequent as

quarterly, any motion which has not been committed or postponed to

the next session may be renewed at that next session. The motions to

adjourn, to take a recess, and to lay on the table, may be made again

and again, provided there has been progress in debate or business,

but the making of, or voting on, these motions is not business that

justifies the renewal of a motion. Neither a motion to postpone

indefinitely nor an amendment can be renewed at the same session, but

the other subsidiary motions may be renewed whenever the progress

in debate or business is such as to make the question before the

assembly practically a different one. To take from the table and a

call for the orders of the day may be renewed after the business is

disposed of that was taken up when the motion to take from the table,

or for the orders of the day, was lost. To postpone indefinitely

cannot be renewed even though the main motion has been amended since

the indefinite postponement was previously moved. A point of order

cannot be raised if an identical one has been raised previously

without success during the same session. And after the chair has been

sustained in a ruling he need not entertain an appeal from a similar

decision during the same session. Minutes may be corrected regardless

of the time elapsed and of the fact that the correction had been

previously proposed and lost.

When a subject which has been referred to a committee is reported

back at the same meeting, or a subject that has been laid on the

table is taken up at the same meeting, it is not a renewal.

The following motions, unless they have been withdrawn, _cannot be

renewed_ at the same session: to adopt or postpone indefinitely

an original main motion; to amend; to reconsider, unless the

question to be reconsidered was amended materially when previously

reconsidered; to object to the consideration of a question; to fix

the same time to which to adjourn; to suspend the rules for the same

purpose at the same meeting, though it may be renewed at another

meeting held the same day.

It is the duty of the chair to prevent the privilege of renewal from

being used to obstruct business, and when it is evident that it

is being so misused he should protect the assembly by refusing to

recognize the motions, as explained under Dilatory Motions [=40=].

=39. Ratify.= This is a main motion and is used when it is desired to

confirm or make valid some action which requires the approval of the

assembly to make it valid. The assembly may ratify only such actions

of its officers or committees, or delegates, as it had the right

to authorize in advance. It cannot make valid a viva voce election

when the by-laws require it to be by ballot, nor can it ratify

anything done in violation of the laws of the state, or of its own

constitution or by-laws, except that it may ratify emergency action

taken at a meeting when no quorum was present, even though the quorum

is provided for in a by-law. A motion to ratify may be amended by

substituting a motion of censure, and vice versa, when the action has

been taken by an officer or other representative of the assembly. It

is debatable and opens the entire question to debate.

=40. Dilatory, Absurd, or Frivolous Motions.= For the convenience

of deliberative assemblies, it is necessary to allow some highly

privileged motions to be renewed again and again after progress in

debate or the transaction of any business, and to allow a single

member, by calling for a division, to have another vote taken. If

there was no provision for protecting the assembly, a minority of two

members could be constantly raising questions of order and appealing

from every decision of the chair, and calling for a division on every

vote, even when it was nearly unanimous, and moving to lay motions on

the table, and to adjourn, and offering amendments that are simply

frivolous or absurd. By taking advantage of parliamentary forms

and methods a small minority could practically stop the business

of a deliberative assembly having short sessions, if there was no

provision for such contingency. Congress met it by adopting this

rule: “No dilatory motion shall be entertained by the speaker.”

But, without adopting any rule on the subject, every deliberative

assembly has the inherent right to protect itself from being imposed

upon by members using parliamentary forms to prevent it from doing

the very thing for which it is in session, and which these forms

were designed to assist, namely, to transact business. Therefore,

whenever the chair is satisfied that members are using parliamentary

forms merely to obstruct business, he should either not recognize

them, or else rule them out of order. After the chair has been

sustained upon an appeal, he should not entertain another appeal from

the same obstructionists while they are engaged evidently in trying

by that means to obstruct business. While the chair should always

be courteous and fair, he should be firm in protecting the assembly

from imposition, even though it be done in strict conformity with all

parliamentary rules except this one, that no dilatory, absurd, or

frivolous motions are allowed.

As an illustration of a frivolous or absurd motion, suppose Mr. A

is to be in the city next week and a motion has been made to invite

him to address the assembly at its next meeting, the meetings being

weekly. Now, if a motion is made to refer the question to a committee

with instructions to report at the next regular meeting, the chair

should rule it out of order as frivolous or absurd.

=41. Call of the House.={34} (This cannot be used in ordinary

assemblies, as they have not the power to compel the attendance of

members.)

{34} In the early history of our Congress a call of the house

required a day’s notice, and in the English Parliament it is usual

to order that the call shall be made on a certain day in the future,

usually not over ten days afterwards, though it has been as long as

six weeks afterwards. The object of this is to give notice so that

all the members may be present on that day, when important business

is to come before the house. In Congress a call of the house is only

used now when no quorum is present, and as soon as a quorum appears

it is usual to dispense with further proceedings in the call, and

this is in order at any stage of the proceedings. In Congress it is

customary afterwards to remit the fees that have been assessed. In

some of our legislative bodies proceedings in the call cannot be

dispensed with except a majority of the members elect to vote in

favor of so doing.

The object of a call of the house is to compel the attendance of

absent members, and is allowable only in assemblies that have the

power to compel the attendance of absentees. It is usual to provide

in such assemblies that when no quorum is present, a specified

small number can order a call of the house. In Congress a call of

the house may be ordered by a majority vote, provided one-fifth

of the members elect are present. A rule like the following would

answer for city councils and other similar bodies that have the

power to enforce attendance.

_Rule._ When no quorum is present, if one-fifth of the members

elect are present, they may by a majority vote order a call of

the house and compel the attendance of absent members. After the

call is ordered, a motion to adjourn, or to dispense with further

proceedings in the call, cannot be entertained until a quorum is

present, or until the sergeant-at-arms{35} reports that in his

opinion no quorum can be obtained on that day.

{35} The term sergeant-at-arms should be replaced by “chief of

police,” or the title of whatever officer serves the warrant.

If no quorum is present, a call of the house takes precedence of

everything, even reading the minutes, except the motion to adjourn,

and only requires in its favor the number specified in the rule. If

a quorum is present a call should rank with questions of privilege

[=19=], requiring a majority vote for its adoption, and if rejected

it should not be renewed while a quorum is present at that meeting.

After a call is ordered, until further proceedings in the call

are dispensed with, no motion is in order except to adjourn and a

motion relating to the call, so that a recess could not be taken by

unanimous consent. An adjournment puts an end to all proceedings in

the call, except that the assembly before adjournment, if a quorum

is present, can order such members as are already arrested to make

their excuse at an adjourned meeting.

_Proceedings in a Call of the House._ When the call is ordered

the clerk calls the roll of members alphabetically, noting the

absentees; he then calls over again the names of absentees, when

excuses{36} can be made; after this the doors are locked, no one

being permitted to leave, and an order similar in form to the

following is adopted: “_Ordered_, That the sergeant-at-arms take

into custody, and bring to the bar of the House, such of its

members as are absent without the leave of the House.” A warrant

signed by the presiding officer and attested by the clerk, with a

list of absentees attached, is then given to the sergeant-at-arms,

who immediately proceeds to arrest the absentees. When he appears

with members under arrest, he proceeds to the chairman’s desk

(being announced by the door-keeper in large bodies), followed by

the arrested members, and makes his return. The chairman arraigns

each member separately, and asks what excuse he has to offer for

being absent from the sittings of the assembly without its leave.

The member states his excuse, and a motion is made that he be

discharged from custody and admitted to his seat either without

payment of fees or after paying his fees. Until a member has paid

the fees assessed against him he cannot vote or be recognized by

the chair for any purpose.

{36} It is usual in Congress to excuse those who have “paired off,”

that is, two members on opposite sides of the pending question who

have agreed that while one is absent the other will not vote on the

question. Pairing should not be allowed on questions requiring a

two-thirds vote.

Art. VII. Debate.

PAGE

=42.= Debate =178=

=43.= Decorum in Debate =180=

=44.= Closing and Preventing Debate =182=

=45.= Principles of Debate and Undebatable Motions =184=

=42. Debate.= In =1-6= are explained the necessary steps preliminary

to debate—namely, that when no business is pending a member shall

rise and address the chair by his title, and be recognized by the

chair as having obtained the floor; and that the member shall then

make a motion which, after being seconded, shall be stated by the

chair, who shall then ask, “Are you ready for the question?” The

question is then open to debate, as is partially explained in =7=,

which should be read in connection with this section. No member shall

speak more than twice during the same day to the same question (only

once on an appeal), nor longer than ten minutes at one time, without

leave of the assembly; and the question upon granting the leave

shall be decided by a two-thirds vote without debate.{37} No member

can speak a second time to a question as long as any member desires

to speak who has not spoken to the question. If greater freedom is

desired, the proper course is to go into committee of the whole, or

to consider it informally, either of which requires only a majority

vote; or to extend the limits of debate [=30=], which requires a

two-thirds vote. So the debate, by a two-thirds vote, may be limited

to any extent desired, as shown in =30=. The member upon whose motion

the subject was brought before the assembly, is entitled to close the

debate with a speech, if he has not previously exhausted his twenty

minutes, but not until every one else wishing to speak has spoken.

He cannot, however, avail himself of this privilege after debate has

been closed.{38} An amendment, or any other motion, being offered,

makes the real question before the assembly a different one, and, in

regard to the right to debate, is treated as a new question. When

an amendment is pending the debate must be confined to the merits

of the amendment, unless it is of such a nature that its decision

practically decides the main question. Merely asking a question, or

making a suggestion, is not considered as speaking. The maker of a

motion, though he can vote against it, cannot speak against his own

motion. [To close the debate see =44=.]

{37} The limit of time should vary to suit circumstances, but the

limit of two speeches of ten minutes each will usually answer in

ordinary assemblies, and, when desirable, by a two-thirds vote it

can be increased or diminished as shown in =30=. In the U. S. House

of Representatives no member can speak more than once to the same

question, nor longer than one hour. In the Senate there is no limit

to the length of a speech, and no senator can speak more than twice

on the same day to the same question without leave of the Senate,

which question is undebatable.

{38} Formerly the member who reported a proposition from a committee

was permitted to close the debate in the House after the previous

question was ordered, provided he had not used all of his hour

previously.

The right of members to debate and make motions cannot be cut off

by the chair’s putting a question to vote with such rapidity as to

prevent the member’s getting the floor after the chair has inquired

if the assembly is ready for the question. Even after the chair has

announced the vote, if it is found that a member arose and addressed

the chair with reasonable promptness after the chair asked, “Are you

ready for the question?” he is then entitled to the floor, and the

question is in exactly the same condition it was before it was put

to vote. But if the chair gives ample opportunity for members to

claim the floor before putting the question and they do not avail

themselves of it, they cannot claim the right of debate after the

voting has commenced.

=43. Decorum in Debate.= In debate a member must confine himself to

the question before the assembly, and avoid personalities. He cannot

reflect upon any act of the assembly, unless he intends to conclude

his remarks with a motion to rescind such action, or else while

debating such a motion. In referring to another member, he should,

as much as possible, avoid using his name, rather referring to him

as “the member who spoke last,” or in some other way describing him.

The officers of the assembly should always be referred to by their

official titles. It is not allowable to arraign the motives of a

member, but the nature or consequences of a measure may be condemned

in strong terms. It is not the man, but the measure, that is the

subject of debate.

If one desires to ask a question of the member speaking, he should

rise, and without waiting to be recognized, say, “Mr. Chairman, I

should like to ask the gentleman a question.” The chair then asks

the speaker if he is willing to be interrupted, or the speaker may

at once consent or decline, addressing, however, the chair, through

whom the conversation must be carried on, as members cannot directly

address one another in a deliberative assembly. If the speaker

consents to the question, the time consumed by the interruption comes

out of the time of the speaker.

If at any time the chairman rises to state a point of order, or give

information, or otherwise speak, within his privilege, the member

speaking must take his seat till the chairman has been heard first.

When called to order by the chair the member must sit down until

the question of order is decided. If his remarks are decided to be

improper, he cannot proceed, if any one objects, without the leave of

the assembly expressed by a vote, upon which question no debate is

allowed.

Disorderly words should be taken down by the member who objects to

them, or by the secretary, and then read to the member. If he denies

them, the assembly shall decide by a vote whether they are his words

or not. If a member cannot justify the words he used, and will not

suitably apologize for using them, it is the duty of the assembly to

act in the case. If the disorderly words are of a personal nature,

after each party has been heard, and before the assembly proceeds

to deliberate upon the case, both parties to the personality should

retire, it being a general rule that no member should be present in

the assembly when any matter relating to himself is under debate. It

is not, however, necessary for the member objecting to the words to

retire unless he is personally involved in the case. Disorderly words

to the presiding officer, or in respect to the official acts of an

officer, do not involve the officer so as to require him to retire.

If any business has taken place since the member spoke, it is too

late to take notice of any disorderly words he used.

During debate, and while the chairman is speaking, or the assembly is

engaged in voting, no member is permitted to disturb the assembly by

whispering, or walking across the floor, or in any other way.

=44. Closing Debate and Preventing Debate.= When the debate appears

to the chairman to be finished, he should inquire, “Are you ready

for the question?” If, after a reasonable pause, no one rises to

claim the floor, the chair assumes that no member wishes to speak

and, standing, proceeds to put the question. Debate is not closed by

the chairman’s rising and putting the question, as until both the

affirmative and the negative are put, a member can rise and claim

the floor, and reopen the debate or make a motion, provided he rises

with reasonable promptness after the chair asks, “Are you ready for

the question?” If the debate is resumed the question must be put

again, both the affirmative and the negative. Should this privilege

be abused by members not responding to the inquiry, “Are you ready

for the question?” and intentionally waiting until the affirmative

vote has been taken and then rising and reopening the debate, the

chair should act as in case of dilatory motions [=40=], or any

other attempt to obstruct business, and protect the assembly from

annoyance. When a vote is taken a second time, as when a division is

called for, debate cannot be resumed except by general consent.

If two-thirds of the assembly wish to close the debate without

allowing all the time desired by others, they can do so by ordering

either the previous question or the closing of the debate at a

certain time; or they can limit the length of the speeches and allow

each member to speak only once on each question, as fully explained

in =29= and =30=. These motions require a two-thirds{39} vote, as

they suspend the fundamental right of every member of a deliberative

assembly to have every question fully discussed before it is finally

disposed of. A majority vote may lay the question on the table and

thus temporarily suspend the debate, but it can be resumed by taking

the question from the table by a majority vote when no question is

before the assembly [=35=], at a time when business of this class, or

unfinished business, or new business, is in order. If it is desired

to prevent any discussion of a subject, even by its introducer, the

only way to do it is to object to the consideration of the question

[=23=] before it is debated, or any subsidiary motion is stated. If

the objection is sustained by a two-thirds vote, the question is

thrown out for that session.

{39} In the Senate not even two-thirds of the members can force a

measure to its passage without allowing debate, the Senate rules not

recognizing the above motions. In the House, where each speaker can

occupy the floor one hour, any of these motions to cut off debate

can be adopted by a mere majority, but practically they are not used

until after some debate. Rule 27, §3, H. R., expressly provides that

forty minutes, twenty on each side, shall be allowed for debate

whenever the previous question is ordered on a proposition on which

there has been no debate, or when the rules are suspended. [See

note to =22=.] In ordinary societies harmony is so essential that a

two-thirds vote should be required to force the assembly to a final

vote without allowing free debate.

=45. Principles of Debate and Undebatable Motions.= All main motions

are debatable, and debate is allowed or prohibited on other motions

in accordance with the following principles:

(_a_) _High privilege is, as a rule, incompatible with the right

of debate of the privileged motion_: and, therefore, all highly

privileged motions are undebatable, except those relating to the

privileges of the assembly or a member. Questions of privilege

[=19=] rarely arise, but when they do, they are likely to be so

important that they must be allowed to interrupt business, and yet

they cannot generally be acted upon intelligently without debate,

and, therefore, they are debatable. The same is true of appeals from

the decision of the chair which are debatable, unless they relate

to indecorum, or to transgression of the rules of speaking, or to

priority of business, or are made while an undebatable question is

pending; in which cases there is not sufficient need of debate to

justify making them an exception to the rule, and therefore an appeal

under any of these circumstances is undebatable.

(_b_) _Motions that have the effect of suspending a rule are not

debatable._ Consequently motions to suppress, or to limit, or to

extend the limits of, debate are undebatable, as they suspend the

ordinary rules of debate.

(_c_) Appeals made after the previous question has been ordered are

undebatable, as it would be manifestly improper to permit debate on

them when the assembly by a two-thirds vote has closed debate on

the pending question. So any order limiting debate on the pending

question applies to questions arising while the order is in force.

(_d_) To Amend, or to Reconsider, an undebatable question is

undebatable, whereas to amend, or to reconsider, a debatable question

is debatable.

(_e_) _A Subsidiary Motion_ [=12=] is debatable to just the extent

that it interferes with the right of the assembly to take up the

original question at its pleasure. _Illustrations_: To “Postpone

Indefinitely” a question places it out of the power of the assembly

to again take it up during that session, except by reconsideration,

and consequently this motion allows of free debate, even involving

the whole merits of the original question. To “Commit” a question

only delays the discussion until the committee reports, when it is

open to free debate, so it is only debatable as to the propriety of

the commitment and as to the instructions, etc. To “Postpone to a

Certain Time” prevents the consideration of the question till the

specified time, except by a reconsideration or suspension of the

rules, and therefore allows of limited debate upon the propriety of

the postponement. To “Lay on the Table” leaves the question so that

the assembly can consider it at any time that that question or that

class of business is in order, and therefore to lay on the table

should not be, and is not, debatable.

Because a motion is undebatable it does not follow that while it

is pending the chair may not permit a question or an explanation.

The distinction between debate and asking questions or making brief

suggestions, should be kept clearly in mind, and when the latter will

aid the assembly in transacting business, the chair should permit

it before taking the vote on an undebatable question. He should,

however, remain standing during the colloquy to show that he has

the floor, and he should not allow any more delay in putting the

question than he feels is helpful to the business.

The following lists of motions that open the main question to debate,

and of those that are undebatable, are made in accordance with the

above principles:

Motions That Open the Main Question to Debate.

_Postpone Indefinitely_ =34=

_Reconsider a Debatable Question_ =36=

_Rescind_ =37=

_Ratify_ =39=

Undebatable Motions.

_Fix the Time to which to Adjourn_ (when a privileged question) =16=

_Adjourn_ (when unqualified in an assembly that has provided

for future meetings) =17=

_Take a Recess_ (when privileged) =18=

_Call for the Orders of the Day_, and questions relating to

priority of business =20=

_Appeal_ when made while an undebatable question is pending, or

when simply relating to indecorum, or transgression of the

rules of speaking, or to priority of business =21=

_Suspension of the Rules_ =22=

_Objection to the Consideration of a Question_ =23=

_Incidental Motions_, except an Appeal as shown above in this

list under Appeal =13=

_Lay on the Table_ =28=

_Previous Question_ [=29=] _and Motions to Close, Limit, or

Extend the Limits of Debate_ =30=

_Amend an Undebatable Motion_ =33=

_Reconsider an Undebatable Motion_ =36=

Art. VIII. Vote.

PAGE

=46.= Voting =188=

=47.= Votes that are Null and Void even if Unanimous =201=

=48.= Motions requiring more than a majority vote =202=

=46. Voting.= If the question is undebatable, or debate has been

closed by order of the assembly, the chair, immediately after stating

the question, puts it to vote as described under Putting the Question

[=9=], only allowing time for members to rise if they wish to make a

motion of higher rank.

If the question is debatable and no one rises to claim the floor,

after the question is stated by the chair, he should inquire, “Are

you ready for the question?” After a moment’s pause, if no one rises,

he should put the question to vote. If the question is debated

or motions are made, the chair should wait until the debate has

apparently ceased, when he should again inquire, “Are you ready for

the question?” Having given ample time for any one to rise and claim

the floor, and no one having done so, he should put the question to

vote and announce the result.

The usual method of taking a vote is _viva voce_ (by the voice). The

rules require this method to be used in Congress. In small assemblies

the vote is often taken by “show of hands,” or by “raising the right

hand” as it is also called. The other methods of voting are by

rising; by ballot; by roll call, or “yeas and nays,” as it is also

called; by general consent; and by mail. In voting by any of the

first three methods, the affirmative answer aye, or raise the right

hand, or rise, as the case may be: then the negative answer _no_, or

raise the right hand, or rise.

The responsibility of announcing, or declaring, the vote rests upon

the chair, and he, therefore, has the right to have the vote taken

again, by rising, if he is in doubt as to the result, and even to

have the vote counted, if necessary. He cannot have the vote taken by

ballot or by yeas and nays (roll call) unless it is required by the

rules or by a vote of the assembly. But if the viva voce vote does

not make him positive as to the result he may at once say, “Those

in favor of the motion will rise;” and when they are seated he will

continue, “Those opposed will rise.” If this does not enable him to

determine the vote, he should say, “Those in favor of the motion

[or, Those in the affirmative] will rise and stand until counted.”

He then counts those standing, or directs the secretary to do so,

and then says, “Be seated. Those opposed [or, Those in the negative]

rise and stand until counted.” After both sides are counted the chair

announces the result as shown below. In a very large assembly the

chair may find it necessary to appoint tellers to count the vote and

report to him the numbers. In small assemblies a show of hands may

be substituted for a rising vote.

When the vote is taken by voice or show of hands any member has a

right to require a _division of the assembly_ [=25=] by having the

affirmative rise and then the negative, so that all may see how

members vote. Either before or after a decision any member may call

for, or demand, a count, and, if seconded, the chair must put the

question on ordering a count. In organizations where it is desired

to allow less than a majority vote to order a count or tellers, a

special rule should be adopted specifying the necessary vote. Where

no rule has been adopted a majority vote is required to order a

count, or that the vote be taken by ballot or by yeas and nays (roll

call).

_Announcing the Vote._ When the vote has been taken so that the chair

has no doubt as to the result, and no division is called for, or,

if so, the assembly has divided, the chair proceeds to announce,

or declare the vote thus: “The ayes have it and the resolution is

adopted.” If he is not very positive, he may say, “The ayes seem

to have it,” and, if no one says he doubts the vote or calls for a

division, after a slight pause he adds, “The ayes have it,” etc. If

the vote was by show of hands or by rising, it would be announced

thus: “The affirmative has it (or, the motion is carried) and the

question is laid on the table;” or if there was a count, the vote

would be announced thus: “There are 95 votes in the affirmative, and

99 in the negative, so the amendment is lost, and the question is now

on the resolution; are you ready for the question?” In announcing a

vote the chair should state first whether the motion is carried or

lost; second, what is the effect, or result, of the vote; and third,

what is the immediately pending question or business, if there is

any. If there is none, he should ask, “What is the further pleasure

of the assembly?” One of the most prolific causes of confusion in

deliberative assemblies is the neglect of the chair to keep the

assembly well informed as to what is the pending business. The habit

of announcing the vote by simply saying that the “motion is carried”

and then sitting down, cannot be too strongly condemned. Many members

may not know what is the effect of the vote, and it is the chair’s

duty to inform the assembly what is the result of the motion’s being

carried or lost, and what business comes next before the assembly.

When a quorum [=64=] is present, a majority vote, that is a majority

of the votes cast, ignoring blanks, is sufficient for the adoption

of any motion that is in order, except those mentioned in =48=,

which require a two-thirds vote. A plurality never adopts a motion

nor elects any one to office, unless by virtue of a special rule

previously adopted. On a tie vote the motion is lost, and the chair,

if a member of the assembly, may vote to make it a tie unless the

vote is by ballot. The chair cannot, however, vote twice, first to

make a tie and then give the casting vote. In case of an appeal

[=21=], though the question is, “Shall the decision of the chair

stand as the judgment of the assembly?” a tie vote, even though his

vote made it a tie, sustains the chair, upon the principle that the

decision of the chair can be reversed only by a majority, including

the chair if a member of the assembly.

It is a general rule that no one can vote on a question in which

he has a direct personal or pecuniary interest. Yet this does not

prevent a member from voting for himself for any office or other

position, as voting for a delegate or for a member of a committee;

nor from voting when other members are included with him in the

motion, even though he has a personal or pecuniary interest in the

result, as voting on charges preferred against more than one person

at a time, or on a resolution to increase the salaries of all the

members. If a member could in no case vote on a question affecting

himself, it would be impossible for a society to vote to hold a

banquet, or for a legislature to vote salaries to members, or for

the majority to prevent a small minority from preferring charges

against them and suspending or expelling them. By simply including

the names of all the members, except those of their own faction, in

a resolution preferring charges against them, the minority could get

all the power in their own hands, were it not for the fact that in

such a case all the members are entitled to vote regardless of their

personal interest. A sense of delicacy usually prevents a member from

exercising this right of voting in matters affecting himself except

where his vote might affect the result. After charges are preferred

against a member, and the assembly has ordered him to appear for

trial, he is theoretically under arrest, and is deprived of all

rights of membership and therefore cannot vote until his case is

disposed of.

A member has the right to change his vote up to the time the vote

is finally announced. After that, he can make the change only by

permission of the assembly, which may be given by general consent;

that is, by no member’s objecting when the chair inquires if any one

objects. If objection is made, a motion may be made to grant the

permission, which motion is undebatable.

While it is the duty of every member who has an opinion on the

question to express it by his vote, yet he cannot be compelled to do

so. He may prefer to abstain from voting, though he knows the effect

is the same as if he voted on the prevailing side.

_Voting by Ballot._ The main object of this form of voting is

secrecy, and it is resorted to when the question is of such a

nature that some members might hesitate to vote publicly their

true sentiments. Its special use is in the reception of members,

elections, and trials of members and officers, as well as in the

preliminary steps in both cases, and the by-laws should require

the vote to be by ballot in such cases. Where the by-laws do not

require the vote to be by ballot, it can be so ordered by a majority

vote, or by general consent. Such motions are undebatable. Voting

by ballot is rarely, if ever, used in legislative bodies, but in

ordinary societies, especially secret ones, it is habitually used in

connection with elections and trials, and sometimes for the selection

of the next place for the meeting of a convention. As the usual

object of the ballot is secrecy, where the by-laws require the vote

to be taken by ballot any motion is out of order which members cannot

oppose without exposing their views on the question to be decided by

ballot. Thus, it is out of order to move that one person cast the

ballot of the assembly for a certain person when the by-laws require

the vote to be by ballot. So, when the ballot is not unanimous it is

out of order to move to make the vote unanimous, unless the motion

is voted on by ballot so as to allow members to vote against it in

secrecy.

In some cases black balls and white ones and a ballot box are

provided for voting, where the question can be answered _yes_ or

_no_. The white ball answers _yes_, and the black one _no_. But

in ordinary deliberative assemblies the ballots are strips of

paper upon which are printed, or written, _yes_ or _no_, or the

names of the candidates, as the case may be. These ballots are

first distributed and are afterwards collected by tellers, either

by being dropped into a hat or box by the members, who remain in

their seats; or by the members coming to the ballot box and handing

their folded ballot to a teller, who deposits it in the ballot box.

In the latter case it is necessary for the tellers to see that no

member votes twice, which in large societies can be best done by

checking off the names from a list of members as the ballots are

deposited. The ballots should usually be folded so that if more

than one is voted by the same person the tellers will detect it in

unfolding the ballot. In satisfying themselves that only one ballot

is voted, the vote may be exposed if the ballot is not folded.

When every one appears to have voted, the chair inquires, “Have all

voted who wish to?” and if there is no response he says, “The polls

are closed,” whereupon the tellers proceed to count the ballots.

If in unfolding the ballots it is found that two have been folded

together, both are rejected as fraudulent. A blank piece of paper

is not counted as a ballot and would not cause the rejection of the

ballot with which it was folded. All blanks are ignored as simply

waste paper, and are not reported, the members who do not wish to

vote adopting this method of concealing the fact. Small technical

errors, like the misspelling of a word, should not be noticed if

the meaning of the ballot is clear. For instance, if at the trial

of a member a ballot was written “gilty,” every one knows what was

intended. In all cases where the name on the ballot sounds like the

name of one of the candidates it should be so credited. If a ballot

is written “Johnson,” or “Johnston,” or “Johnstone,” it should be

credited to the candidate whose name is one of these: but if there

are two candidates with these names and no eligible member with the

name on the ballot, it must be rejected as illegal, or reported to

the chair, who will at once submit the question to the assembly

as to whom the ballot should be credited. If these doubtful

ballots will not affect the result, the tellers may make their

full report without asking for instructions in regard to them,

placing these doubtful votes opposite the exact name as written

on the ballot. Votes for ineligible persons and fraudulent votes

should be reported under the heading of “Illegal Votes,” after

the legal votes. When two or three filled-out ballots are folded

together they are counted as one fraudulent vote. The names of

the candidates should be arranged in order, the one receiving the

highest number of legal votes being first. In reporting the number

of votes cast and the number necessary for election, all votes

except blanks must be counted. Suppose the tellers find 100 ballot

papers, 4 of which are blank, 1 contains two filled-out ones folded

together, and 50 are cast for a person who is ineligible because of

having held the office as long as permitted by the constitution:

the tellers’ report should be in this form:

Number of votes cast =96=

Necessary for election =49=

Mr. A received =37=

Mr. B received =8=

_Illegal Votes._

Mr. C (ineligible) received 50

One ballot containing two for Mr. D, folded

together, rejected as fraudulent 1

The teller first named, standing, addresses the chair, reads the

report and hands it to the chairman, and takes his seat, without

saying who is elected. The chairman again reads the report of the

tellers and declares who is elected. In the case just given he says

there is no election, stating the reason. If no one is elected,

it is necessary to ballot again, and to continue balloting until

there is an election. The chairman should always vote in case of

a ballot. Should he fail to do so before the polls are closed, he

cannot then do it without the permission of the assembly. When the

tellers report, they should hand the ballots to the secretary, who

should retain them until it is certain that the assembly will not

order a recount, which is within its power to do by a majority vote.

_Yeas and Nays,{40} or Roll Call._ When a vote has been ordered to be

taken by yeas and nays [see =25= for the motion] the chair puts the

question in a form similar to this: “As many as are in favor of the

adoption of these resolutions will, as their names are called, answer

_yes_ [or _yea_]; those opposed will answer _no_ [or _nay_].” The

chairman then directs the clerk to call the roll. The negative being

put at the same time as the affirmative, it is too late, after one

person has answered to the roll call, to renew the debate. The clerk

calls the roll, and each member, as his name is called, rises and

answers “yes” or “no,” or “present” if he does not wish to vote, and

the clerk notes the answers in separate columns. Upon the completion

of the roll call the clerk reads the names of those who answered in

the affirmative, and afterwards those in the negative, and then those

who answered “present,” that mistakes may be corrected; he then

gives the number voting on each side to the chairman, who announces

the result. An entry must be made in the minutes of the names of

all voting in the affirmative, and also of those in the negative,

and those who answered “present.” A convenient method of noting the

answers at the roll call is to write the figure 1 on the left of the

name of the first member answering in the affirmative, the figure 2

to the left of the second name in the affirmative, and so on. The

negative answers are treated similarly, being entered on the right of

the names, and those answering “present” should be entered similarly

in a third column. In this way the last figures on each side at any

time show how the vote stands at that time. The yeas and nays cannot

be ordered in committee of the whole.

{40} Taking a vote by yeas and nays, which has the effect to place on

the record how each member votes, is peculiar to this country, and,

while it consumes a great deal of time, is rarely useful in ordinary

societies. While it can never be used to hinder business, as long as

the above rule is observed, it should not be used at all in a mass

meeting, or in any other assembly whose members are not responsible

to a constituency. By the Constitution, one-fifth of the members

present can, in either house of Congress, order a vote to be taken by

yeas and nays. In representative bodies this method of voting is very

useful, especially where the proceedings are published, as it enables

the people to know how their representatives voted on important

measures. If there is no legal or constitutional provision for the

yeas and nays being ordered by a minority in a representative body,

they should adopt a rule allowing the yeas and nays to be ordered by

a one-fifth vote, as in Congress, or even by a much smaller number.

In some small bodies a vote on a resolution must be taken by yeas and

nays, upon the demand of a single member.

_General Consent._ Business can be expedited greatly by avoiding the

formality of motions and voting in routine business and on questions

of little importance, the chair assuming general (unanimous) consent

until some one objects. It does not necessarily mean that every

member is in favor of the motion, but, that knowing it is useless to

oppose it, or even to discuss it, the opposition simply acquiesces

in the informality. Thus, in the case of approving the minutes,

the chair inquires if there are any corrections, and, if one is

suggested, it is made: when no correction [or no further correction]

is suggested, the chair says: “There being no corrections [or no

further corrections] the minutes stand approved.” While routine and

minor matters can be rapidly disposed of in this way, if at any time

objection is made with reasonable promptness, the chair ignores what

has been done in that case even if he has announced the result, and

requires a regular vote. [See also page 202.]

=Absentee Voting.= In a strictly deliberative assembly no member

can vote who is not present when the question is completely put.

But in many societies the membership is scattered all over a state,

or even still wider, and it has been found expedient to provide

a method of voting that will enable all the members to vote upon

certain matters, as upon amendments to constitutions, by-laws,

and in elections of officers. This provision, when it is deemed

advisable to adopt it, should be placed in the constitution or

by-laws, as otherwise, unless the charter or state laws authorize

absentee voting, no member can vote except in person. There are two

forms of absentee voting—by mail, and proxy voting.

_Voting by Mail_ is used for election of officers, and for

amendments to the constitution or by-laws, and for such other

important matters as the society may order to be voted on in this

way. If an amendment to the by-laws is to be voted on by mail, a

printed copy of the proposed amendment is mailed to every member,

with the words “yes” and “no” printed underneath, or on a separate

slip, with directions to cross out one of them, and return in the

enclosed envelope, upon which should be printed the words, “Ballot

for Amendment to Constitution.” This envelope should usually have

the signature of the voter on it, and be sealed and enclosed in

another one addressed to the secretary, or to the chairman of the

tellers, so that the inner envelope will not be opened except by

the tellers when the votes are counted. If it is desired to present

the arguments pro and con, the society can allow the leaders on

the two sides to prepare brief statements to be printed and mailed

with the proposed amendment to every member. Instead of having the

voter’s signature on the inner envelope, it may be placed on the

ballot, but a place for the signature should be indicated, so that

there may be some means of protection against votes being cast by

other than legal voters. Voting by mail cannot be a secret ballot,

as it is necessary for the tellers to know by whom each vote is

cast. By some such method as the above it is practicable to give

all the members, however scattered they may be, an opportunity to

vote on questions of great importance.

_Proxy Voting._ A proxy is a power of attorney given by one person

to another to vote in his stead, and it is also used to designate

the person who holds the power of attorney. It is unknown to a

strictly deliberative assembly, and is in conflict with the idea

of the equality of members, which is a fundamental principle of

deliberative assemblies. There can be but little use for debate

where one member has more votes than another, possibly more than

all the others combined. If the proxy voting is limited to the

election of a board of directors, as it is practically in stock

corporations, and if, also, the proxies must be given to members

of the corporation in all cases where it requires an election to

become a member—with these two limitations proxy voting would be

useful and do no harm. In stock companies the members meet only

annually to elect directors, who elect the officers and transact

the business of the corporation. Though the directors are elected

largely by proxies, their own meetings, where all the business is

done, are as secret as they choose to make them, no proxies being

allowed in them, and therefore proxy voting does not interfere

with their business. As any one can dispose of his stock to any

one else, there is no objection to his appointing any one as his

proxy. But the case is very different with many incorporated

societies of a social, benevolent, or religious character, whose

business meetings are sometimes secret. Their membership cannot be

transferred by the members like stock, and therefore they should

not be allowed to appoint any proxies who are not members of the

organization. The state law is above the by-laws of the society,

and if the state law empowers members of all corporations to

appoint proxies to vote at all business meetings, no by-laws of

an incorporated secret society could prevent non-members holding

proxies from attending and voting at all business meetings of the

society. This should not be the case. With stock corporations

it does no harm, because all the business is done by directors,

and no proxies are allowed in their meetings, and no one can be

present without their consent. But in many societies of the kind

mentioned the business is transacted in meetings attended by none

but members, and unlimited proxies would be a serious interference

with their work. If the state law requires proxy voting in all

corporations, it should be limited to the election of officers,

including directors, and also the proxies should be required to

be held by members of the corporation in all organizations whose

primary object is not pecuniary profit.

=47. Votes that are Null and Void even if Unanimous.= No motion is

in order that conflicts with the laws of the nation, or state, or

with the assembly’s constitution or by-laws, and if such a motion

is adopted, even by a unanimous vote, it is null and void. No rule

that conflicts with a rule of a higher order is of any authority;

thus, a by-law providing for the suspension by general consent of an

article of the constitution would be null and void; so, the general

parliamentary rule allowing a two-thirds vote to amend the by-laws

after due notice, is only in force when the by-laws are silent on the

subject. Rules that protect absentees cannot be suspended informally

by general consent, or formally by a unanimous vote, as the absentees

have not given their consent. For instance, a rule requiring the

giving of a specified notice of certain motions, as an amendment of

the by-laws, cannot be suspended by general consent or by a unanimous

vote. When a vote is required to be taken by ballot, the object is to

enable members to conceal their votes, and any motion that defeats

this object is out of order. Thus, when the rules require the vote to

be by ballot, as is usual in elections to office or membership, this

rule cannot be suspended even by general consent, because no one can

object without exposing his vote, which he cannot be compelled to

do. When the election must be by ballot, a motion to have the ballot

cast by one person is out of order. So, when the rules require the

vote to be by ballot, a motion to make unanimous a vote that was not

unanimous, must be voted on by ballot, as otherwise the vote would

not be secret.

=48. Motions requiring more than a Majority Vote.= _Majority Vote._

Any legitimate motion not included among those mentioned below as

requiring more than a majority vote, requires for its adoption only a

majority; that is, more than half of the votes cast, ignoring blanks,

at a legal meeting where a quorum is present, unless a larger vote

for its adoption is required by the rules of the assembly.

_General Consent or Unanimous Vote._ By general, or unanimous, or

silent, consent the assembly can do business with little regard for

the rules of procedure, as they are made for the protection of the

minority, and when there is no minority to protect, there is little

use for the restraint of the rules, except such as protect the rights

of absent members, or the right to a secret vote. In the former case

the consent of the absentees cannot be given, and in the latter case

the consent cannot be withheld by the minority without exposing their

votes, which they cannot be compelled to do. When the election is not

by ballot and there are several candidates one of whom receives a

majority vote, sometimes a motion is made to make the vote unanimous.

It should never be made except by the candidate with the largest

number of votes after the successful one, or his representative,

and even then its propriety is doubtful. One negative vote defeats

a motion to make a vote unanimous, as a single objection defeats a

request for general consent.

By the legitimate use of the principle that the rules are designed

for the protection of the minority, and generally need not be

strictly enforced when there is no minority to protect, business

may be greatly expedited. When there is evidently no opposition,

the formality of voting can be avoided by the chair’s asking if

there is any objection to the proposed action, and if there is none,

announcing the result. The action thus taken is said to be done by

general consent, or unanimous or silent consent. Thus, after an

order has been adopted limiting the speeches to two minutes each, if

a speaker is so interesting that when his time has expired there is a

general demand for him to go on, the chair, instead of waiting for a

motion and taking a vote, could accept it as the will of the assembly

that the speaker’s time be extended, and would direct him to proceed.

Or, he might say that if there is no objection the member’s time will

be extended two minutes, or some other time. [See also page 198.]

_Two-thirds Vote._ A two-thirds vote means two-thirds of the votes

cast, ignoring blanks which should never be counted. This must

not be confused with a vote of two-thirds of the members present,

or two-thirds of the members, terms sometimes used in by-laws. To

illustrate the difference: Suppose 14 members vote on a question in a

meeting of a society where 20 are present out of a total membership

of 70, a two-thirds vote would be 10; a two-thirds vote of the

members present would be 14; and a vote of two-thirds of the members

would be 47.

There has been established as a compromise between the rights of

the individual and the rights of the assembly the principle that

a two-thirds vote is required to adopt any motion that suspends

or modifies a rule of order previously adopted; or prevents the

introduction of a question for consideration; or closes, or limits,

or extends the limits of debate; or limits the freedom of nomination

or voting; or closes nominations or the polls; or deprives one of

membership or office. It will be found that every motion in the

following list belongs to one of the classes just mentioned.

Motions Requiring a Two-thirds Vote.{41}

{41} The U. S. Constitution requires a two-thirds vote of both Houses

to pass a resolution proposing an amendment to the Constitution, to

pass a vetoed bill, or to remove political disabilities; a two-thirds

vote of either House to expel a member; and a vote of two-thirds of

the Senators present to ratify a treaty or convict on an impeachment.

The House requires a two-thirds vote to suspend the rules, but is

obliged to allow a majority to order the previous question or to

limit debate, as otherwise its business could never be transacted.

Still, a bill cannot be passed without at least forty minutes of

debate, as that is allowed after the suspension of the rules or the

previous question has been ordered. [See foot note to =44=.]

_Amend (Annul, Repeal, or Rescind) any part of the Constitution,

By-laws, or Rules of Order, previously adopted; it also

requires previous notice_ =68=

_Amend or Rescind a Standing Rule, a Program or Order of

Business, or a Resolution, previously adopted, without notice

being given at a previous meeting or in the call for the

meeting_ =37=

_Take up a Question out of its Proper Order_ =22=

_Suspend the Rules_ =22=

_Make a Special Order_ =20=

_Discharge an Order of the Day before it is pending_ =20=

_Refuse to Proceed to the Orders of the Day_ =20=

_Sustain an Objection to the Consideration of a Question_ =23=

_Previous Question_ =29=

_Limit, or Extend the Limits, of Debate_ =30=

_Extend the Time Appointed for Adjournment or for Taking a

Recess_ =20=

_Close Nominations_ [=26=] _or the Polls_ =25=

_Limit the Names to be Voted for_

_Expel from Membership: it also requires previous notice and

trial_ =75=

_Depose from Office: it also requires previous notice_

_Discharge a Committee when previous notice has not been given_ =32=

_Reconsider in Committee when a member of the majority is absent

and has not been notified of the proposed reconsideration_ =36=

Art. IX. Committees and Boards.

PAGE

=49.= Committees Classified =206=

=50.= Boards of Managers, etc., and Executive Committees =207=

=51.= Ex-Officio Members of Boards and Committees =210=

=52.= Committees, Special and Standing =211=

=53.= Reception of Reports =220=

=54.= Adoption or Acceptance of Reports =223=

=55.= Committee of the Whole =229=

=56.= As if in Committee of the Whole =233=

=57.= Informal Consideration =234=

=49. Committees Classified.= A Committee is a body of one or more

persons appointed or elected by an assembly or society to consider,

or investigate, or take action in regard to, certain matters or

subjects; or to do all of these things. Committees may be divided

into two distinct classes:

(1) Boards of Managers or Directors, Boards of Trustees, Executive

Committees, etc.

(2) Ordinary Committees, Special or Standing, and Committee of the

Whole and its substitutes.

These different kinds of committees are considered separately in the

following five sections.

=50. Boards of Managers or Directors, Boards of Trustees, Executive

Committees, etc.= Committees of this class are essentially small

deliberative assemblies, subordinate to the body that appoints them,

with their duties and authority, and the number of their regular

meetings and their quorums, defined by the parent body, or by its

authority. Boards or Committees of this class are usually appointed

by organizations that meet only annually or quarterly. With such

an organization it is customary and necessary to delegate to a

committee, usually known as the Board of Managers or Directors, all

its authority, with slight limitations, to be exercised between its

meetings. The by-laws of the Board are adopted by the parent body,

or the Board may be authorized to adopt its own by-laws. It is usual

to authorize the Board to appoint from its membership an Executive

Committee of a specified number who shall have all the power of the

Board between the meetings of the Board, just as the Board has all

the power of the Society between the meetings of the Society, except

that the subordinate body cannot modify any action taken by its

superior. The Executive Committee should be small and the members

should live near enough each other to be able to have frequent

regular meetings, besides special meetings in emergencies. Where the

organization is local, such as a society for sustaining an orphan

asylum, the Board of Managers usually divides itself into committees

having charge of different branches of the work during the intervals

between the monthly or quarterly meetings of the Board, when these

committees report on the work done. It is seldom that resolutions or

other matters are referred to boards or committees of this class for

them to report back to the society with recommendations. If papers

are referred to them it is usually for their information and action.

They are organized as any other deliberative assembly with a chairman

and a secretary, whom they elect if they are not appointed by the

society. Frequently the by-laws of the society make its president

and its corresponding, or executive secretary, ex-officio, [=51=]

president and secretary of the Board of Managers.

In large boards business is transacted the same as in the society

meetings; but in small boards the same formality is not necessary

or usual, the informality observed by committees being generally

allowed. In a board meeting where there are not more than about a

dozen present, for instance, it is not necessary to rise in order

to make a motion, nor to wait for recognition by the chair before

speaking or making a motion, nor for a motion to have a second; nor

is there any limit to the number of speeches, nor does the chairman

leave the chair when making a motion or discussing a question. The

formalities necessary in order to transact business in a large

assembly would hinder business in so small a body.

Boards are often constituted so that the term of office of, say,

one-third of its members expires each year. After each annual meeting

in such case, the board elects new officers and committees, the same

as if the entire board had been re-elected. All unfinished business

falls to the ground when the new board is elected.

It is customary for the by-laws to require an annual report from the

Board of Managers, which usually gives a brief account of its doings

for the year with recommendations for the future. After discussion,

and amendment if necessary, the report is usually adopted by the

society and published in its annual proceedings as the report of

the board. In such a case, care should be taken in publishing it

to inclose in brackets all that has been struck out, and to put in

italics whatever has been inserted, and to insert a note to that

effect at the beginning of the report, so that exactly what the board

recommended can readily be seen. The minutes should read thus: “The

Board of Managers submitted its report which after discussion and

amendment was adopted as follows, the words in brackets having been

struck out and those underscored (in italics) having been inserted

before the report was adopted.” The society cannot alter the report

of the board. It may decline to indorse it, or even to allow it to be

printed, but it cannot make it appear that the board stated anything

different from what it has reported. By the above plan is shown

exactly what the board reported and what the society adopted, or

endorsed.

=51. Ex-Officio Members of Boards and Committees.= Frequently boards

and committees contain some members who are members by virtue of

their office, and, therefore, are termed ex-officio members. When

such a member ceases to hold the office his membership of the board

terminates automatically. If the ex-officio member is under the

control of the society, there is no distinction between him and the

other members except where the president is ex-officio member of all

committees, in which case it is evidently the intention to permit,

not to require, him to act as a member of the various committees,

and therefore in counting a quorum he should not be counted as a

member. The president is not a member of any committee except by

virtue of a special rule, unless he is so appointed by the assembly.

If the ex-officio member is not under the authority of the society,

he has all the privileges, including the right to vote, but none of

the obligations of membership; as when the governor of a state is,

ex-officio, a manager or a trustee of a private academy.

=52. Committees, Special and Standing.= It is usual in deliberative

assemblies, to have all preliminary work in the preparation of matter

for their action done by means of committees. The committee may be

either a “standing committee,” appointed for a definite time, as a

session or a year; or a “special [or select] committee,” appointed

for a special purpose; or a “committee of the whole” consisting of

the entire assembly. [For method of appointing committees of the

whole, see =55=; other committees, see Commit, =32=.] Committees

of the whole are not used much except in legislative bodies, and

when the word committees is used in this Manual, unless specified

to the contrary, standing or special committees are meant. Unless

the assembly has appointed a chairman, either directly or through

its presiding officer, the first named on a committee, and in his

absence the next named member, becomes chairman, and so on and

should act as such unless the committee by a majority of its number

elects a chairman, which it has the right to do if the assembly has

not appointed one, and which a standing committee usually does. The

clerk should furnish him, or, in his absence, some other member of

the committee, with notice of the appointment of the committee, the

names of the members, the papers or matter referred to it, and such

instructions as the assembly has decided upon. Upon the committee’s

request, all papers and books necessary for the proper performance of

its duties should be turned over to it by the proper officers.

It is the duty of the chairman to call the committee together, but,

if he is absent, or neglects or declines to call a meeting of the

committee, it is the duty of the committee to meet on the call of any

two of its members. In small special committees the chairman usually

acts as secretary, but in large ones and in all standing committees,

it is customary to elect a secretary, who keeps a brief memorandum of

what is done, for the use of the committee. Members of the society

have a right to appear at the committee meetings and present their

views on the subject before it at such reasonable times as, upon

request, the committee may appoint. But during the deliberations of

the committee no one has a right to be present, except members of the

committee.

The rules of the assembly, as far as possible, apply to the

committee, but motions to close or limit debate are not allowed, and

there is no limit to the number of times a member may speak, and

unless the committee is very large, it is not necessary for any one

to rise and address the chair before making a motion or speaking,

nor does the chairman rise to put the question, nor does he leave

the chair to speak or make motions, nor are motions seconded. These

formalities are unnecessary because the committee is so small,

but, unless agreed to by general consent, all questions must be

put to vote. Instead of the chairman’s abstaining from speaking

on questions, he is, usually, the most active participant in the

discussions and work of the committee. In order that the assembly

may have the benefit of the matured judgment of the committee, a

reconsideration of a vote must be allowed regardless of the time

and of previous reconsideration, and it may be moved by any one

who did not vote with the minority, even if he was absent when the

previous vote was taken; but it shall require a two-thirds vote for

its adoption unless every member who voted with the majority is

either present or received ample notice of the meeting and that the

reconsideration was to be moved. This prevents taking advantage of

the absence of members to reverse action, and enables members who

were absent to bring up the question of reconsideration.

The committee constitute a miniature assembly, being able to act only

when a quorum (a majority of the members) is present. If a paper is

referred to them, they must not write on it, but should write their

amendments on a separate sheet. If the amendments are numerous it

is better to write out a substitute and submit it. If a resolution

is referred to a committee while a motion to postpone indefinitely

is pending, only the resolution is referred to the committee, the

motion to postpone indefinitely being ignored. If amendments are

pending they go to the committee, who may recommend their adoption

or rejection, or make no recommendation in regard to them. If the

committee originate the paper, all amendments must be incorporated

in it. When they originate it, usually one member has previously

prepared a draft, which is read entirely through, and then read by

paragraphs, the chairman pausing after each paragraph, and asking:

“Are there any amendments proposed to this paragraph?” No vote is

taken on the adoption of the separate paragraphs; but, after the

whole paper has been read in this way, it is open to amendment

generally, by striking out any paragraph, or by substituting or

inserting new ones, or by substituting an entirely new paper for it.

If there is a preamble it is considered last. When the entire paper

has been amended to suit the committee, they should adopt it as their

report, and direct the chairman or some other member to report it to

the assembly. When committees are appointed to investigate, or to

report upon, certain matters, the report should close with, or be

accompanied by, formal resolutions covering all recommendations, so

that when their report is made no motion is necessary except to adopt

the resolutions.

If the report is written in this form, “Your committee are of the

opinion that Mr. A’s bill should be paid,” there might be some doubt

as to the effect of the adoption of the recommendation or the report.

The report should close with a recommendation that the following

order be adopted: “Ordered, That the Treasurer pay Mr. A’s bill for

$10.15.” If a report recommends that charges be preferred against

Mr. B, it should close with recommending the adoption of resolutions,

which should be written out, providing for holding an adjourned

meeting, and for citing the member to appear at the adjourned

meeting for trial on charges that must be specified. These should be

prepared by the committee and submitted as a part of their report.

The committee should never leave to others the responsibility of

preparing resolutions to carry out their recommendations. They should

consider this as one of their most important duties.

When the report has been adopted by the committee a clear copy is

made, usually commencing in a style similar to this: “The committee

to whom was referred (state the matter referred), beg leave to submit

the following report;” or, “Your committee appointed to (specify

the object), respectfully report,” etc. If the report is of much

importance it should be signed by all the members concurring in the

report; but when it is of little importance, or merely recommends

amendments, etc., it may be signed by the chairman alone, his

signature being followed by the word “Chairman.” He should not,

however, place “Chairman” after his signature except when he signs

the report alone and by the authority of the committee. The report

must always be in the third person though written and signed by only

one. The signature may be preceded by the words, “Respectfully

submitted,” but it is not necessary. Usually the report is not dated

or addressed, and sometimes it consists merely of a resolution, or

a set of resolutions. In the latter case the chairman states he is

instructed by the committee to submit and to move the adoption of

the resolutions. The report of the majority is the report of the

committee and should never be referred to as the majority report.