Robert's Rules of Order Part 6

To "Postpone to a certain time" prevents the a.s.sembly taking up the question till the specified time, and therefore allows of limited debate upon the propriety of the postponement.

To "Lie on the Table" leaves the question so

=== Page 71 ===

that the a.s.sembly can at any time consider it, and therefore should not be, and is not debatable.

To "Commit" would not be very debatable, according to this rule, but it is an exception, because it is often important that the committee should know the views of the a.s.sembly on the question, and it therefore is not only debatable, but opens to debate the whole question which it is proposed to refer to the committee.

36. Decorum in Debate [see -- 2]. In debate a member must confine himself to the question before the a.s.sembly, and avoid personalities.

He cannot reflect upon any act of the a.s.sembly, unless he intends to conclude his remarks with a motion to rescind such action, or else while debating such 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 a.s.sembly should always be referred to by their official t.i.tles. 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 at any time the Chairman rises to state a point of order, or give information, or otherwise speak, within his privilege [see

=== Page 72 ===

-- 40], the member speaking must take his seat till the Chairman has been first heard. When called to order, 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 a.s.sembly expressed by a vote, upon which question there shall be no debate.

Disorderly words should be taken down by the member who objects to them, or by the clerk, and then read to the member; if he denies them, the a.s.sembly 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 a.s.sembly to act in the case, requiring both members to withdraw* [If both are personally interested.

[See page 161.]] till it has decided its course, it being a general rule that no member should he present in the a.s.sembly when any matter relating to himself is under debate. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.

37. Closing Debate. Debate upon a question is not closed by the Chairman rising to put the question, as, until both the affirmative

=== Page 73 ===

and negative are put, a member can claim the floor, and re-open debate [see -- 38]. Debate can be closed by the following motions, which are undebatable [-- 35], and, except to Lie on the Table, shall require a two-thirds* [In Congress, where each speaker can occupy the floor one hour, any of these motions to cut off debate can be adopted by a mere majority. In ordinary societies harmony is so essential, that a two-thirds vote should be required to force the a.s.sembly to a final vote without allowing free debate.] vote for their adoption [-- 39]:

(a) An objection to the consideration of a question [only allowable when the question is first introduced, -- 15], which, if sustained, not only stops debate, but also throws the subject out of the a.s.sembly for that session [-- 42]; which latter effect is the one for which it was designed.

(b) To lie on the table [-- 19], which, if adopted, carries the question to the table, from which it cannot be taken without a majority favors such action.

(c) The previous question [-- 20], which has the effect of requiring all the questions before the a.s.sembly [excepting as limited in -- 20] to be put to vote at once without further debate. It may be applied merely to an amendment or to an amendment of an amendment.

=== Page 74 ===

(d) For the a.s.sembly to adopt an order (1) limiting debate upon a special subject, either as to the number or length of the speeches; or (2) closing debate upon the subject at a stated time, when all pending questions shall be put to vote without further debate. Either of these two measures may be applied only to a pending amendment, or an amendment thereto, and when this is voted upon, the original question is still open to debate and amendment.

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 a.s.sembly 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

=== Page 75 ===

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

=== Page 76 ===

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 p.r.o.nounced 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 a.s.sembly 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

=== Page 77 ===

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 ent.i.tled to vote; for if this were not so, a minority could control an a.s.sembly 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 a.s.sembly. 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 const.i.tution or by-laws of the a.s.sembly, or when the a.s.sembly 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 a.s.sembly.] writes his vote; the votes are then collected, counted by the tellers, and the result reported to the Chairman, who announces

=== Page 78 ===

it to the a.s.sembly. 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 const.i.tution requires the vote to be by ballot, it is common to authorize the clerk to cast the vote of the a.s.sembly 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 a.s.sembly 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 Const.i.tution, 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

=== Page 79 ===

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

=== Page 80 ===

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 a.s.sembly, 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.

=== Page 81 ===

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 t.i.tle has been a.s.signed him, is ordinarily called the Chairman (or in religious a.s.semblies more usually the Moderator); frequently the const.i.tution of the a.s.sembly prescribes for him a t.i.tle, such as President.

His duties are generally as follows:

To open the session at the time at which the a.s.sembly is to meet, by taking the chair and calling the members to order; to announce the business before the a.s.sembly 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