Robert's Rules of Order — 06 - Part 1, Articles VI, VII

Art.

VI.

Vote.

[§§ 38-39. ] 38. Voting.

Whenever from the nature of the question it permits of no modification or debate, the Chairman immediately puts it to vote;

if the question is debatable, when the Chairman thinks the debate has been brought to a close, he should inquire if the assembly is ready for the question, and if no one rises he puts the question to vote.

There are various forms for putting the question, in use in different parts of the country.

The rule in Congress, in the House of Representatives, is as follows: “Questions shall be distinctly put in this form, to-wit: ‘As many as are of the opinion that (as the question may be) say Aye;’ and after the affirmative voice is expressed, ‘As many as are of the contrary opinion, say No. ’” The following form is very common: “It has been moved and seconded that (here state the question).

As many as are favor of the motion say Aye; those opposed, No. ” Or, if the motion is for the adoption of a certain resolution, after it has been read the Chairman can say, “You have heard the resolution read; those in favor of its adoption will hold up the right hand; those opposed will manifest it by the same sign.

” These examples are sufficient to show the usual methods of putting a question, the affirmative being always put first.

When a vote is taken, the Chairman should always announce the result in the following form: “The motion is carried—the resolution is adopted,” or, “The ayes have it—the resolution is adopted.

” If, when he announces a vote, any member rises and states that he doubts the vote, or calls for a “division,” the Chairman shall say, “A division is called for; those in favor of the motion will rise.

” After counting these, and announcing the number, he shall say, “Those opposed will rise.

” will count these, announce the number, and declare the result; that is, whether the motion is carried or lost.

Instead of counting the vote himself, he can appoint tellers to make the count and report to him.

When tellers are appointed, they should be selected from both sides of the question.

A member has the right to change his vote (when not made by ballot) before the decision of the question has been finally and conclusively pronounced by the Chair, but not afterwards.

Until the negative is put, it is in order for any member, in the same manner as if the voting had not been commenced, to rise and speak, make motions for amendment or otherwise, and thus renew the debate; and this, whether the member was in the assembly room or not when the question was put and the vote partly taken.

In such case the question is in the same condition as if it had never been put.

No one can vote on a question affecting himself, but if more than one name is included in the resolution (though a sense of delicacy would prevent this right being exercised, excepting when it would change the vote) all are entitled to vote; for if this were not so, a minority could control an assembly by including the names of a sufficient number in a motion, say for preferring charges against them, and suspend them, or even expel them from the assembly.

When there is a tie vote the motion fails, without the Chairman gives his vote for the affirmative, which in such case he can do.

Where his vote will make a tie, he can cast it and thus defeat the measure.

Another form of voting is by ballot.

This method is only adopted when required by the constitution or by-laws of the assembly, or when the assembly has ordered the vote to be so taken.

The Chairman, in such cases, appoints at least two tellers, who distribute slips of paper upon which each member, including the Chairman,* [Should the Chairman neglect to vote before the ballots are counted, he cannot then vote without the permission of the assembly.

] writes his vote; the votes are then collected, counted by the tellers, and the result reported to the Chairman, who announces it to the assembly.

The Chairman announces the result of the vote, in case of an election to office, in a manner similar to the following: “The whole number of votes cast is —; the number necessary for an election is —; Mr. A.

received —; Mr. B.

—; Mr. C.

—.

Mr. B.

having received the required number is elected —.

” Where there is only one candidate for an office, and the constitution requires the vote to be by ballot, it is common to authorize the clerk to cast the vote of the assembly for such and such a person; if any one objects however, it is necessary to ballot in the usual way.

So when a motion is made to make a vote unanimous, it fails if any one objects.

In counting the ballots all blanks are ignored.

The assembly can by a majority vote order that the vote on any question be taken by Yeas and Nays.

* [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.

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, and to avoid some of the resulting inconveniences various rules and customs have been established, which are ignored in this Manual, as according to it the yeas and nays can only be ordered by a majority, which prevents its being made use of to hinder business.

In representative bodies it is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures.

In some small bodies a vote on a resolution must be taken by yeas and nays, upon the demand of a single member.

] In this method of voting the Chairman states both sides of the question at once; the clerk calls the roll and each member as his name is called rises and answers yes or no, and the clerk notes his answer.

Upon the completion of the roll call the clerk reads over the names of those who answered the affirmative, and afterwards those in the negative, 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.

The form of putting a question upon which the vote has been ordered to be taken by yeas and nays, is similar to the following: “As many as are in favor of the adoption of these resolutions will, when their names are called, answer yes [or aye]—those opposed will answer no. ” The Chairman will then direct the clerk to call the roll.

The negative being put at the same time as the affirmative, it is too late, after the question is put, to renew the debate.

After the commencement of the roll call, it is too late to ask to be excused from voting.

The yeas and nays cannot be ordered in committee of the whole [§ 32].

39. Motions Requiring More than a Majority Vote.

* [Where no rule to the contrary is adopted, a majority vote of the assembly, when a quorum [§ 43] is present, is sufficient for the adoption of any motion, except for the suspension of a rule, which can only be done by general consent, or unanimously.

Congress requires a two-thirds vote for only the motions to suspend and to amend the Rules, to take up business out of its proper order, and to make a special order [see note to § 37].

] The following motions shall require a two-thirds vote for their adoption, as the right of discussion, and the right to have the rules enforced, should not be abridged by a mere majority: An Objection to the Consideration of a Question …………..

§ 15. To Take up a Question out of its proper order …………….

§ 13. To Suspend the Rules …………………………………..

§ 18. The Previous Question ………………………………….

§ 20. To Close or Limit Debate ……………………………….

§ 37. To Amend the Rules (requires previous notice also) ………..

§ 43. To Make a special order ………………………………..

§ 13. Art.

VII.

The Officers and the Minutes.

[§§ 40, 41. ] 40. Chairman* [In connection with this section read § 44, and also § 40, 41. ] or President.

The presiding officer, when no special title has been assigned him, is ordinarily called the Chairman (or in religious assemblies more usually the Moderator); frequently the constitution of the assembly prescribes for him a title, such as President.

His duties are generally as follows: To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon [§ 44]; to state and to put to vote [§ 38] all questions which are regularly moved, or necessarily arise in the course of proceedings, and to announce the result of the vote;

To restrain the members, when engaged in debate, within the rules of order; to enforce on all occasions the observance of order and decorum [§ 36] among the members, deciding all questions of order (subject to an appeal to the assembly by any two members, § 14), and to inform the assembly when necessary, or when referred to for the purpose, on a point of order or practice;

To authenticate, by his signature, when necessary, all the acts, orders and proceedings of the assembly, and in general to represent and stand for the assembly, declaring its will, and in all things obeying its commands.

The chairman shall rise* [It is not customary for the chairman to rise while putting questions in very small bodies, such as committees, boards of trustees, &c. ] to put a question to vote, but may state it sitting; he shall also rise from his seat (without calling any one to the chair), when speaking to a question of order, which he can do in preference to other members.

In referring to himself he should always use his official title thus: “The Chair decides so and so,” not “I decide, &c. ” When a member has the floor, the chairman cannot interrupt him as long as he does not transgress any of the rules of the assembly, excepting as provided in § 2. He is entitled to vote when the vote is by ballot,* [But this right is lost if he does not use it before the tellers have commenced to count the ballots.

The assembly can give leave to the chairman to vote under such circumstances.

] and in all other cases where the vote would change the result.

Thus in a case where two-thirds vote is necessary, and his vote thrown with the minority would prevent the adoption of the question, he can cast his vote; so also he can vote with the minority when it will produce a tie vote and thus cause the motion to fail.

Whenever a motion is made referring especially to the chairman, the maker of the motion should put it to vote.

The chairman can, if it is necessary to vacate the chair, appoint a chairman pro tem.

,** [When there are Vice Presidents, then the first one on the list that is present, is, by virtue of his office, chairman during the absence of the President, and should always be called to the chair when the President temporarily vacates it.

] but the first adjournment puts an end to the appointment, which the assembly can terminate before, if it pleases, by electing another chairman.

But the regular chairman, knowing that he will be absent from a future meeting, cannot authorize another member to act in his place at such meeting; the clerk [§ 41], or in his absence any member, should in such case call the meeting to order, and a chairman pro tem.

be elected, who would hold office during that session [§ 42], without such office was terminated by the entrance of the regular chairman.

The chairman sometimes calls a member to the chair, and himself takes part in the debate.

But this should rarely be done, and nothing can justify it in a case where much feeling is shown, and there is a liability to difficulty in preserving order.

If the chairman has even the appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question.

* [The unfortunate habit many chairmen have of constantly speaking upon questions before the assembly, even interrupting the member who has the floor, is unjustified by either the common parliamentary law, or the practice of Congress.

One who expects to take an active part in debate should never accept the chair.

“It is a general rule, in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other proceedings, in any other capacity than as such officer.

He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it necessary to do so; and on appeals from his decision on questions of order, to address the assembly in debate.

” [Cushing’s Manual, page 106. ] “Though the Speaker [chairman] may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject except where the assembly have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact.

” [Jefferson’s Manual, sec.

xvii, and Barclay’s “Digest of the Rules and Practice of the House of Representatives, U. S.

,” page 195. ]] The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity to it, but he should be aman of executive ability, capable of controlling men; and it should never be forgotten, that, to control others, it is necessary to control one’s self.

An excited chairman can scarcely fail to cause trouble in a meeting.

A chairman will often find himself perplexed with the difficulties attending his position, and in such cases he will do well to heed the advice of a distinguished writer on parliamentary law, and recollect that—“The great purpose of all rules and forms, is to subserve the will of the assembly, rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberate sense.

” 41. Clerk or Secretary [and the Minutes].

The recording officer is usually called the “Clerk” or “Secretary,”* [When there are two secretaries, he is termed the “recording secretary,” and the other one, the “corresponding secretary.

” In many societies the secretary, besides acting as recording officer, collects the dues of members, and thus becomes to a certain extent a financial officer.

In most cases the treasurer acts as banker, only paying on the order of the society, signed by the secretary alone, or by the president and secretary.

In such cases the secretary becomes in reality the financial officer of the society, and should make reports to the society, of funds received and from what sources, and of the funds expended and for what purposes.

See § 52 for his duties as financial officer.

] and the record of proceedings the “Minutes.

” His desk should be near that of the chairman, and in the absence of the chairman, (if there is no vice president present) when the hour for opening the session arrives, it is his duty to call the meeting to order, and to preside until the election of a chairman pro tem.

, which should be done immediately.

He should keep a record of the proceedings, commencing in a form similar to the following :** [See Clerk and Minutes in Part II, § 51. ] “At a regular quarterly meeting of [state the name of the society] held on the 31st day of March, 1875, at [state the place of meeting], the President in the chair, the minutes were read by the clerk and approved.

” If the regular clerk is absent, insert after the words “in the chair,” the following: “The clerk being absent, Robert Smith was appointed clerk pro tem.

The minutes were then read and approved.

” If the minutes were not read, say “the reading of the minutes was dispensed with.

” The above form will show the essentials, which are as follows: (a) The kind of meeting, “regular” [or stated] or “special,” or “adjourned regular,” or “adjourned special;” (6) name of the assembly; (c) date and place of meeting (excepting when the place is always the same); (d) the fact of the presence of the regular chairman and clerk, or in their absence the names of their substitutes; (e) whether the minutes of the previous meeting were approved.

The minutes should be signed by the person who acted as clerk for that meeting: in some societies the chairman must also sign them.

When published, they should be signed by both officers.

In keeping the minutes much depends upon the kind of meeting, and whether the minutes are to be published.

If they are to be published, it is often of far more interest to know what was said by the leading speakers, than to know what routine business was done, and what resolutions adopted.

In such case the duties of the secretary are arduous, and he should have at least one assistant.

In ordinary society meetings and meetings of Boards of Managers and Trustees, on the contrary, there is no object in reporting the debates; the duty of the clerk, in such cases, is mainly to record what is “done” by the assembly, not what is said by the members.

Without there is a rule to the contrary, he should enter every Principal motion [§ 6] that is before the assembly, whether it is adopted or rejected; and where there is a division [see Voting, § 38], or where the vote is by ballot, he should enter the number of votes on each side; and when the voting is by yeas and nays [§ 38], he should enter a list of the names of those voting on each side.

He should endorse on the reports of committees, the date of their reception, and what further action was taken upon them, and preserve them among the records, for which he is responsible.

He should in the minutes make a brief summary of a report that has been agreed to, except where it contains resolutions, in which case the resolutions will be entered in full as adopted by the assembly, and not as if it was the report accepted.

The proceedings of the committee of the whole [§ 32], or while acting informally [§ 33], should not be entered on the minutes.

Before an adjournment without day, it is customary to read over the minutes for approval, if the next meeting of the board or society will not occur for a long period.

Where the regular meetings are not separated by too great a time, the minutes are read at the next meeting.

The clerk should, previous to each meeting, for the use of the chairman, make out an order of business [§ 44], showing in their exact order what is necessarily to come before the assembly.

He should also have at each meeting a list of all standing committees, and such select committees as are in existence at the time.

When a committee is appointed, he should hand the names of the committee and all papers referred to it to the chairman, or some other of its members.