Order Code 98-228 GOV
Updated February 20, 2001
CRS Report for Congress
Received through the CRS Web
House Voting Procedures:
Forms and Requirements
Walter J. Oleszek
Senior Specialist
Government and Finance Division
Voting is among the most public acts of Representatives. Generally, Members try
not to miss a vote, because it is an important demonstration to their constituents that they
are always on the job. Procedural considerations suffuse voting, and thus it is important
to understand the methods of voting in both the House and in the Committee of the
Whole, where much of the chamber’s business is conducted.
In the House. There are four ways for lawmakers to obtain a vote in the House.
They are voice votes, division votes, yea and nay votes, and recorded votes. These voting
methods sometimes may be employed one after the other or in other combinations before
a decision is reached.
1.
Voice Vote. This means that lawmakers call out “yea” or “nay” when a question
is first put by the Speaker or Speaker pro tempore. As Rule I, clause 6, states, the
Speaker will first say, “Those in favor (of the question), say `Aye’.” Then the Speaker
will ask: “Those opposed, say `No’.” A voice vote can be quick and easy, but it is
sometimes difficult for the Speaker to determine—based on the volume of each
response—whether more lawmakers shouted “aye” compared to those who shouted “no,”
or vice versa. On occasion, the Speaker may simply say “without objection” the question
is adopted. However, any member can object and force a voice vote or another kind of
vote.
2.
Division Vote. Rule XX, clause 1(a), states that if the Speaker is uncertain about
the outcome of a voice vote, or if a member demands a division, the House shall divide.
“Those in favor of the question shall first rise from their seats” to be counted, and then
those who are opposed to the proposition shall stand to be counted. This procedure is
reasonably accurate and takes only a few minutes, but it does not provide a public record
of how each member voted. Only vote totals (95 for, 65 against, for instance) are
announced in this seldom-employed method of voting.
3.
Yea and Nay Vote. The Constitution (Article I, Section 5) declares that “the Yeas
and Nays of the Members...on any question” shall be obtained “at the Desire of one fifth
of those present.” Under this provision, it does not matter if a quorum of the House (218
Members) is not present to conduct business—which the Constitution requires—because
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any Member can say, “Mr. Speaker, on that vote, I demand the yeas and nays.” Even if
there are fewer than five lawmakers present on the floor, one Member is enough to
demand a yea and nay vote.
There is also an “automatic” yea and nay (or rollcall) vote provided in House Rule
XX, clause 6. For example, if it is evident to a lawmaker that a quorum is not present in
the chamber, he or she may object to a vote on that ground and, “automatically,” a vote
will be ordered by the chair. To request an automatic vote, a Member says, “I object to
the vote on the ground that a quorum is not present, and I make a point of order that a
quorum is not present.” The actual vote will then simultaneously determine both issues:
the presence of a quorum and the vote on the pending question. Clause 10 of Rule XX
also states that the “yeas and nays shall be considered as ordered” on final passage of a
limited number of measures or matters, such as concurrent budget resolutions.
4.
Recorded Vote. Under Rule XX, clause 1(b), if any Member, Delegate, or
Resident Commissioner “requests a recorded vote, and that request is supported by at least
one-fifth of a quorum, such vote shall be taken by electronic device.” (Yea and nay and
recorded votes are all taken by electronic device—employed since 1973—unless the
computerized voting system malfunctions; then standby procedures outlined in Rule XX,
clause 2(b), are used to conduct the votes.) To obtain a recorded vote, a Member states,
“Mr. Speaker, on that I demand a recorded vote.” If at least one-fifth of a quorum of
218—or 44 members—stand and support the request, then the recorded vote will be taken
by electronic device.
In the Committee of the Whole.
Three methods of voting are available in the
Committee of the Whole: voice, division, and recorded. Yea and nay votes are not
permitted in the Committee, either the constitutional or “automatic” forms. In short, there
is only one way to obtain a recorded vote in the Committee—where a quorum is 100
Members—and it is outlined in Rule XVIII, clause 6(e). This rule of the House states: “In
the Committee of the Whole House on the state of the Union, the Chairman shall order a
recorded vote on a request supported by at least 25 Members.” Thus, any Member may
say, “I request a recorded vote,” and, if 25 lawmakers (the Member who made the request
can be part of the tally, too) rise to be counted by the chair, the recorded vote will occur
by electronic device. Alternatively, a lawmaker who plans to request a recorded vote even
though few Members are present in the chamber will usually say, “Mr. Chairman, I request
a recorded vote and, pending that, I make a point of order that a quorum is not present.”
Once the chair ascertains that a quorum is not present, there is an immediate quorum call
and the Member who requested the recorded vote can ask 24 other colleagues to support
his request as they come onto the floor. Once a quorum is established, the chair will
determine whether there is a sufficient number of Members who support the request.
Length of Time for Voting. Under Rule XX, clause 2(a), the minimum time for a
record vote by electronic device is 15 minutes in either the House or the Committee of the
Whole. The 15-minute period is the
minimum, rather than the maximum, time allowed
for the conduct of a recorded vote. The chair has the discretion to hold the vote open
longer. However, there are also occasions in the House (see Rule XX, clause 9) when the
Speaker has the discretion to reduce the voting time to not less than five minutes. The
Speaker also has the authority under Rule XX, clause 8, to postpone and cluster certain
votes. Votes in the Committee of the Whole may also be reduced to five minutes, as noted
in Rule XVIII, clause 6(f).