{ "id": "98-988", "type": "CRS Report", "typeId": "RL", "number": "98-988", "active": true, "source": "CRSReports.Congress.gov, EveryCRSReport.com", "versions": [ { "source_dir": "crsreports.congress.gov", "title": "Voting and Quorum Procedures in the House of Representatives", "retrieved": "2023-04-20T04:03:30.288500", "id": "98-988_5_2023-03-20", "formats": [ { "filename": "files/2023-03-20_98-988_4c525d2efedd2ffbf4e4ff2068c7c1c6cd6d2c61.pdf", "format": "PDF", "url": "https://crsreports.congress.gov/product/pdf/RL/98-988/5", "sha1": "4c525d2efedd2ffbf4e4ff2068c7c1c6cd6d2c61" }, { "format": "HTML", "filename": "files/2023-03-20_98-988_4c525d2efedd2ffbf4e4ff2068c7c1c6cd6d2c61.html" } ], "date": "2023-03-20", "summary": null, "source": "CRSReports.Congress.gov", "typeId": "RL", "active": true, "sourceLink": "https://crsreports.congress.gov/product/details?prodcode=98-988", "type": "CRS Report" }, { "source": "EveryCRSReport.com", "id": 621522, "date": "2020-03-26", "retrieved": "2020-04-28T22:16:57.089121", "title": "Voting and Quorum Procedures in the House of Representatives", "summary": "The Constitution requires that a quorum, defined as a majority of the House, be present on the floor when the House transacts business. The House, however, always presumes that a quorum is present unless and until its absence is demonstrated conclusively. The rules of the House strictly limit the occasions on which a Representative may make a point of order that a quorum is not present. In current practice, Members usually make such a point of order only when a vote is taking place. If a majority of the Members fails to respond to a quorum call or participate in an electronically recorded vote conducted in the House, the House must adjourn or take steps necessary to secure the attendance of enough Members to constitute a quorum.\nQuestions to be decided on the floor are usually first put to a voice vote. Such votes\u2014in which those present on the floor respond by answering together \u201caye\u201d (after the presiding officer asks how many are in favor) or \u201cno\u201d (after the presiding officer asks how many are opposed)\u2014are very common in the House. For such votes, no public record shows how individual Members voted. In practice, such votes might be taken with few Members present on the floor. Before the final result of a voice vote is announced, however, any Member may demand a division vote or seek an electronically recorded vote. Members\u2019 positions on these votes are publicly recorded.\nDuring a vote using the House\u2019s electronic voting system, Members have at least 15 minutes to come to the floor and cast their votes. The time for a vote by electronic device immediately following another vote by electronic device can be reduced to five minutes if the Speaker determines that Members will have an adequate opportunity to vote. The Speaker also has the authority to postpone record votes on certain questions identified in House Rules, including to approve a bill or resolution and to suspend the rules to pass a bill. Most postponed votes must be scheduled within two additional legislative days. \nThe procedures for securing a vote by electronic device differ based on whether the House is meeting as the House proper or instead in the Committee of the Whole (a parliamentary forum that the House, in current practice, uses to consider amendments to legislation). In the House proper, an electronic vote can be secured in one of three ways. First, one-fifth of the number of Members present on the floor can invoke their constitutional right to demand \u201cthe yeas and nays.\u201d Second, one-fifth of a quorum (usually 44 Members), can demand a \u201crecorded vote\u201d under House rules. Third, if a quorum is not present, a Member can make a point of order that a quorum is not present and object to a voice vote on the grounds that a quorum is not present. Most often, after such a point of order is made, the Speaker postpones further proceedings on the question being voted on. When the House resumes consideration of the question at a time designated by the Speaker, a quorum is typically present, and an electronic vote can be secured using one of the other two methods. (If, instead, the Speaker sustained a point of order against a voice vote on the grounds that a quorum was not present, an electronic vote would take place automatically to decide the question and establish the presence of a quorum.) To be clear, these three procedures result in votes that are indistinguishable from each other in how they are conducted; they differ in how they are ordered. \nWhen instead the House is meeting in the Committee of the Whole, 25 members can secure an electronic vote on a pending amendment or motion. The chair has the authority to postpone a request for a recorded vote on an amendment, and usually does. This allows the request to be renewed at a time the floor is crowded and a member can likely receive the support of a sufficient second to take the vote by electronic device. In addition, if a quorum (100 members of the Committee of the Whole) is not present, a member first can require that a quorum call take place before the chair counts to determine if there is sufficient support to order an electronically recorded vote. This option is less frequently utilized, and proceedings can be postponed in this case as well. \nIn order to prepare for a catastrophic event, in 2005 the House created a procedure to determine a how many Members constitute a quorum when a large number are missing, incapacitated, or incapable of attending House proceedings. The House must hold two lengthy quorum calls and receive a report from the Sergeant at Arms before a quorum will be determined based on the \u201cprovisional number of the House.\u201d At the time the rule was approved, a Member raised a point of order that the provisional quorum mechanism was unconstitutional. The Speaker does not rule on constitutional questions; instead, the House determines the constitutionality of a proposition by voting to consider it or by adopting it. In this case, a question of consideration was raised, and the House voted to consider the resolution. Thereafter, the resolution was agreed to.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "https://www.crs.gov/Reports/98-988", "sha1": "43c74ded5b1218e81e1b65d442fb16aa8c9ff5ac", "filename": "files/20200326_98-988_43c74ded5b1218e81e1b65d442fb16aa8c9ff5ac.html", "images": {} }, { "format": "PDF", "encoding": null, "url": "https://www.crs.gov/Reports/pdf/98-988", "sha1": "1dce53b2c4a59c608d8233470ae260f5cc0661be", "filename": "files/20200326_98-988_1dce53b2c4a59c608d8233470ae260f5cc0661be.pdf", "images": {} } ], "topics": [ { "source": "IBCList", "id": 4746, "name": "House Floor Procedure" } ] }, { "source": "EveryCRSReport.com", "id": 105291, "date": "2001-01-29", "retrieved": "2016-05-24T20:28:24.813941", "title": "Voting and Quorum Procedures in the House of Representatives", "summary": "The Constitution requires that a quorum, or a simple majority of the Members, is to be present\non\nthe floor when the House of Representatives transacts business. However, the House conducts much\nof its legislative business in Committee of the Whole where this constitutional requirement does not\napply. Also, the House always presumes that a quorum is present unless and until its absence is\ndemonstrated conclusively. \n The rules of the House severely limit the occasions on which a Representative may make a\npoint of order that a quorum is not present, either in the House or in Committee of the Whole. In\ncurrent practice, Members usually make such a point of order only when a vote is taking place. If\na majority of the Members fail to respond to a quorum call or participate in an electronically\nrecorded vote conducted in the House, the House must adjourn or take steps necessary to secure the\nattendance of enough Members to constitute a quorum.\n Each question to be decided on the floor is first put to a voice vote. Before the final result of\nthat vote is announced, any Member may demand a division vote or seek an electronically recorded\nvote. During a division vote, the Members favoring the question, and then those opposing it, stand\nand are counted. During a vote using the House's electronic voting system, Members have at least\n15 minutes to come to the floor and cast their votes. \n In the House, if the Speaker sustains a point of order against a voice or division vote on the\ngrounds that a quorum was not present, an electronic vote takes place automatically to decide the\nquestion and establish the presence of a quorum. If a quorum is present, 1/5 of those Members can\nsecure an electronic vote in the House by invoking their constitutional right to demand \"the yeas and\nnays.\" \n In Committee of the Whole, 25 Members can secure an electronic vote on the pending\namendment or motion. If a quorum is not present in Committee of the Whole, a Member first can\nrequire that a quorum call take place before the chair counts to determine if there is sufficient support\nto order an electronically recorded vote.", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/98-988", "sha1": "71e061d1c25e3b02286b9b1182d94f1b0e7a8829", "filename": "files/20010129_98-988_71e061d1c25e3b02286b9b1182d94f1b0e7a8829.pdf", "images": null }, { "format": "HTML", "filename": "files/20010129_98-988_71e061d1c25e3b02286b9b1182d94f1b0e7a8829.html" } ], "topics": [] } ], "topics": [ "Legislative Process" ] }