In bringing a measure to a final passage vote, in most cases, the Speaker is required under House rules to first put the question to a voice vote by stating, “As many as are in favor (as the question may be), say ‘Aye.’ As many as are opposed, say ‘No.’” The Speaker then makes the “call” on which side prevails. The only remedy available to any Member who disagrees with the Speaker’s announcement on the voice vote is to demand a division or recorded vote.
Obtaining a Recorded Vote in the House:
Because the Constitution requires a quorum to be present to do business, whenever a quorum (218 Members) is not present, a recorded vote can be obtained by addressing the Chair and declaring: “Mr. Speaker (or Madam Speaker), I object to the vote on the grounds that a quorum is not present and I make a point of order that a quorum is not present.”
An alternate means of obtaining a recorded vote when a quorum is not present is to request the “yeas and nays,” which requires that one-fifth of those Members present stand up or otherwise indicate support from their seats, to order the vote. This could be as many as 87 if all 435 Members are present, or as few as 1 if fewer than 5 Members are on the Floor. Once the Chair determines that one-fifth of those present support the demand for the yeas and nays, the vote is ordered.
A Member can obtain a recorded vote when a quorum (218 Members or more) is present by addressing the Chair and declaring: “Mr. Speaker (or Madam Speaker), on that I demand a recorded vote.” A “recorded vote” under these circumstances requires only one-fifth of a quorum (44 Members) to stand or otherwise indicate support from their seats, and support the request.
General Leave:
It is customary, either just before or after consideration of a bill, for the Majority Floor manager to ask unanimous consent that all Members have five legislative days in which to revise and extend their remarks and to include extraneous material on the subject of the bill. Once this request is granted, Members may insert remarks on the bill without having to ask permission personally. The remarks should be labeled “General Leave.” If the material is submitted rather than actually spoken on the Floor, it will appear in different type in the Congressional Record.
Revising and Extending Remarks:
Once a Member has requested to see his or her remarks before they are printed in the Congressional Record, especially those made during debate when other Members are involved, certain rules of courtesy should be followed. As soon as the Official Reporter gives the transcript to the Member, it should be corrected for grammatical errors and immediately returned so that other Members may do the same.
The substance of a Member’s remarks should not be changed — only grammatical corrections are allowed to be made. If elaboration is desired with tables or other “extraneous material,” and permission has not been granted under general leave, specific permission must be obtained in the House and not in the Committee of the Whole. It will take approximately one hour between the time a speech is given and the time the transcribed remarks will be available on the Floor.
Motion to Reconsider:
The motion to reconsider requires the House to hold a second vote on a question it has already decided.
The motion to reconsider is available to any Member who votes on the prevailing side of a question and who wishes to move reconsideration on the same or succeeding legislative day. After final passage, it is the common practice in the House for the Speaker to declare, “Without objection, the motion to reconsider is laid upon the table.” If no objection is raised, this has the parliamentary effect of ending any possibility that another vote on the bill can take place.
Motions to reconsider are relatively uncommon, but important when they are made. In some instances, they are offered when Members determine there is a need to slow down the legislative process on controversial issues. In other cases, the motion is offered when a piece of legislation fails to achieve a majority for passage and the Majority party wishes to revisit the issue later. In such cases, a Majority Member, usually a Member of Leadership, votes against the legislation and then makes a motion to reconsider. The House may delay a recorded vote on the motion for two legislative days, per clause 8 of rule XX. The House may also extend a delay via a special rule. Such delays provide the Majority party time to build additional support for the legislation.
If the House agrees to the motion to reconsider, the pending item of business becomes a revote on the relevant legislation (though, as noted above, the Chair may postpone the vote, allowing the House to move on to other business).
The motion to reconsider is subject to a motion to table.