[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress]
[105th Congress]
[House Document 104-272]
[Rules of the House of Representatives]
[Pages 571-587]
[From the U.S. Government Printing Office, www.gpo.gov]



[[Page 571]]
 

                                Rule XV.


                     on calls of the roll and house.




Sec. 765. Call of the roll for the yeaandnay 
vote.

  1.  Subject to clause 5 of this rule, upon every roll call the names 
of the Members shall be called alphabetically by surname, except when 
two or more have the same surname, in which case the name of the State 
shall be added; and if there be two such Members from the same State, 
the whole name shall be called, and after the roll has been once called, 
the Clerk shall call in their alphabetical order the names of those not 
voting. Members appearing after the second call, but before the result 
is announced, may vote or announce a pair.


  The first form of this clause was adopted in 1789, and amendments were 
added in 1870, 1880, 1890 (V, 6046), 1969 (H. Res. 7, 91st Cong., Jan. 
3, 1969, p. 35), and 1972 (H. Res. 1123, 92d Cong., Oct. 13, 1972, pp. 
36005-012). The final amendment, which became effective immediately 
prior to noon on January 3, 1973, introduced the concept and use of the 
electronic voting system into the provisions of rule XV.

  The names of Members who have not been sworn are not entered on the 
roll from which the yeas and nays are called for entry on the Journal 
(V, 6048; VI, 638; VIII, 3122).


[[Page 572]]

  Commencing in 1879 the Clerk, in calling the roll, called Members by 
the surnames with the prefix ``Mr.'' instead of calling the full names 
(V, 6047), but since the 62d Congress the practice has been discontinued 
in the interest of brevity (VIII, 3121). The Speaker's name is not on 
the voting roll and is not ordinarily called (V, 5970). When he votes 
his name is called at the close of the roll (V, 5965). In case of a tie 
which is revealed by a correction of the roll, he has voted after 
intervening business or even on another day (V, 5969, 6061-6063; VIII, 
3075). Where the Speaker through an error of the Clerk in reporting the 
yeas and nays announces a result different from that actually had, the 
status of the question is governed by the vote as recorded and 
subsequent announcement by the Speaker of the changed result is 
authoritative, or he may entertain a motion for correction of the 
Journal in accordance with the vote as finally ascertained (VIII, 3162).

  Under this rule, as under clause 4 of rule XV, the roll is called 
twice, and those Members appearing after their names are called but 
before the announcement of the result may vote or announce a pair. Under 
the former practice, prior to the amendment adopted on January 3, 1969, 
a Member who had failed to respond on either the first or second call of 
the roll could not be recorded before the announcement of the result (V, 
6066-6070; VIII, 3134-3150) unless he ``qualified'' by declaring that he 
had been within the Hall, listening, when his name should have been 
called and failed to hear it (V, 6071-6072; VIII, 3144-3150), and then 
only on the theory that his name may have been inadvertently omitted by 
the Clerk (VIII, 3137). Under the former practice where the roll was 
called by the Clerk, either before announcement of the result (V, 6064) 
or after such announcement (VIII, 3125), the Speaker could order the 
vote recapitulated (V, 6049, 6050; VIII, 3128). A Member may not change 
his vote on recapitulation if the result has been announced (VIII, 
3124), but errors in the record of such votes may be corrected (VIII, 
3125). A motion that a vote be recapitulated is not privileged (VIII, 
3126). The Speaker has declined to order a recapitulation of a vote 
taken by electronic device (Speaker Albert, July 30, 1975, p. 25841).



Sec. 765a. Bell system.

  The  legislative call system was 
designed to alert Members to certain occurrences on the floor of the 
House. The Speaker has directed that the bells and lights comprising the 
system be utilized as follows (Jan. 23, 1979, pp. 701-02):


  Tellers--one ring and one light on left. Since teller votes were 
discontinued at the beginning of the 103d Congress, this signal is no 
longer utilized.

  Recorded vote, yeas and nays, or automatic rollcall vote taken either 
by electronic system or by use of tellers with ballot cards--two bells 
and two lights on left indicate a vote in House or in Committee of the 
Whole by which Members are recorded by name. Bells are repeated five 
minutes after the first ring. When by unanimous consent waiving the 
five-minute minimum set by clause 5(b)(3) of rule I the House authorized 
the Speaker to put remaining postponed questions to two-minute 
electronic votes, two bells were rung (Oct. 4, 1988, pp. 28126, 28148).

  Recorded vote, yeas and nays, or automatic rollcall electronic vote on 
recommittal to be immediately followed by possible five-minute vote on 
final passage (clause 5 of rule XV)--two bells rung at beginning of 
motion to recommit, followed by five bells, indicate that Chair will 
order five-minute votes if recorded vote, yeas and nays, or automatic 
vote is ordered immediately thereafter on final passage or adoption. Two 
bells repeated five minutes after first ring.


[[Page 573]]

nays, or automatic vote is ordered on additional amendments on which 
separate votes have been demanded. Two bells repeated five minutes after 
first ring. Five bells on each subsequent amendment if roll call 
ordered.
  Recorded vote, yeas and nays, or automatic rollcall electronic vote on 
the first of several amendments reported to the House from the Committee 
of the Whole (clause 5 of rule XV)--two bells rung at beginning of first 
amendment on which separate vote is demanded, followed by five bells, 
indicate that Chair will order five-minute vote if recorded vote, yeas and 

  Recorded vote, yeas and nays, or automatic roll call by call of the 
roll--two bells, followed by a brief pause, then two bells indicate such 
a vote taken under the provisions of clause 1 of rule XV by a call of 
the roll in the House. The bells are repeated when the Clerk reaches the 
``R's'' in the first call of the roll.

  Regular quorum call--three bells and three lights on left indicate a 
quorum call either in the House or in Committee of the Whole by 
electronic system or by clerks. The bells are repeated five minutes 
after the first ring. Where quorum call is by call of the roll, three 
bells followed by a brief pause, then three more bells, with the process 
repeated when the Clerk reaches the ``R's'' in the first call of the 
roll, are utilized.

  Regular quorum call in Committee of the Whole, which will possibly be 
immediately followed by five-minute electronic recorded vote (clause 2 
of rule XXIII)--three bells rung at beginning of quorum call, followed 
by five bells, indicate that Chair will order five-minute vote if 
recorded vote is ordered on pending question. Three bells repeated five 
minutes after first ring.

  Notice or short quorum call in Committee of the Whole--one long bell 
followed by three regular bells, and three lights on left, indicate that 
the Chair has exercised his discretion under clause 2 of rule XXIII and 
will vacate proceedings when a quorum of the Committee appears. Bells 
are repeated every five minutes unless (a) the call is vacated by 
ringing of one long bell and extinguishing of three lights, or (b) the 
call is converted into a regular quorum call and three regular bells are 
rung.

  Adjournment--four bells and four lights on left.

  Any five-minute vote--five bells and five lights on left.

  Postponed votes on (a) motions to suspend the rules; (b) final votes 
on bills, resolutions, or conference reports; or (c) previous question 
on questions that are, themselves, susceptible of postponement (clause 
5(b) of rule I)--two bells, followed by five bells, indicate start of 
15-minute vote on first postponed question in each such series. Two 
bells repeated five minutes after first ring. Five bells on all 
subsequent five-minute votes in each series on which Speaker has reduced 
vote time.

  Recess of the House--six bells and six lights on left.

  Civil Defense Warning--twelve bells, sounded at two-second intervals, 
with six lights illuminated.

  The light on the far right--seven--indicates that the House is in 
session.


[[Page 574]]

  Failure of the signal bells to announce a vote does not warrant 
repetition of the roll call (VIII, 3153-3155, 3157) nor does such a 
failure permit a Member to be recorded following the conclusion of the 
call (June 9, 1938, p. 8662).



Sec. 766. Changes and corrections of votes.

  Before  the 
result of a vote has been finally and conclusively pronounced by the 
Chair, but not thereafter, a Member may change his vote (V, 5931-5933, 
6093, 6094; VIII, 3070, 3123, 3124, 3160), and a Member who has answered 
``present'' may change it to ``yea'' or ``nay'' (V, 6060). But a vote 
given by a Member may not be withdrawn without leave of the House (V, 
5930).


  When a vote actually given fails to be recorded during a call of the 
roll (V, 6061-6063) the Member may, before the approval of the Journal, 
demand as a matter of right that correction be made (V, 5969; VIII, 
3143). But statements of other Members as to alleged errors in a 
recorded vote must be very definite and positive to justify the Speaker 
in ordering a change of the roll (V, 6064, 6099). The Speaker declines 
to entertain requests to correct the Journal and Record on votes taken 
by electronic device, based upon the technical accuracy of the 
electronic system if properly utilized and upon the responsibility of 
each Member to correctly cast and verify his vote (Apr. 18, 1973, p. 
13081; May 10, 1973, p. 15282). By unanimous consent the House may 
vacate proceedings on a recorded vote conducted in the Committee of the 
Whole and require a vote de novo where it is alleged that Members were 
improperly prevented from being recorded (June 22, 1995, p. ----).




Sec. 767. Interruptions of the roll call.

  When  once begun 
the roll call may not be interrupted even by a motion to adjourn (V, 
6053; VIII, 3133), a parliamentary inquiry (VIII, 3132), a question of 
personal privilege (V, 6058, 6059; VI, 554, 564), the arrival of the 
time fixed for another order of business (V, 6056) or for a recess (V, 
6054, 6055; VIII, 3133), or the presentation of a conference report (V, 
6443). But it is interrupted for the reception of messages and by the 
arrival of the hour fixed for adjournment sine die (V, 6715-6718). 
Incidental questions arising during the roll call, such as the refusal 
of a Member to vote (V, 5946-5948), are considered after the completion 
of the call and the announcement of the vote (V, 5947). The rules do not 
preclude a Member from announcing after a recorded vote on which he 
failed to answer, how he would have voted if present (Speaker Rayburn, 
June 27, 1957, p. 10521; contra VIII, 3151), but neither the rules nor 
the practice permit a Member to announce after a recorded vote how 
absent colleagues would have voted if present (VI, 200; Apr. 3, 1933, p. 
1139; Apr. 28, 1933, p. 2587; May 20, 1933, p. 3834; Mar. 16, 1934, pp. 
4691, 4700; Apr. 14, 1937, pp. 3489, 3490; Apr. 15, 1937, p. 3563).



[[Page 575]]

subject to clause 6(e)(2) of this rule, be sent for and 
arrested, wherever they may be found, by officers to be appointed by the 
Sergeant-at-Arms for that purpose, and their attendance secured and 
retained; and the House shall determine upon what condition they shall 
be discharged. Members who voluntarily appear shall, unless the House 
otherwise direct, be immediately admitted to the Hall of the House, and 
they shall report their names to the Clerk to be entered upon the 
Journal as present.



Sec. 768. The call of the House.

  2.  (a) In the absence of a 
quorum, fifteen Members, including the Speaker, if there is one, shall 
be authorized to compel the attendance of absent members; and those for 
whom no sufficient excuse is made may, by order of a majority of those 
present, 


  The essential portions of paragraph (a) of this clause were adopted in 
1789 and 1795, with minor amendments in 1888, 1890 (IV, 2982) and 1971 
(H. Res. 5, 92d Cong., Jan. 22, 1971, p. 144). Later in the 92d Congress 
several provisions in rule XV, including this clause, were amended to 
reflect the implementation of the electronic voting system (H. Res. 
1123, Oct. 13, 1972, pp. 36005-012). The provisions of clause 2(a) 
relating to the calling of the roll by the Clerk were deleted. Calls of 
the House are now taken by the electronic device unless the Speaker, in 
his discretion (see clause 5) orders the use of the alternative 
procedure in clause 2(b). Together with clause 6(e)(2) of this rule, 
this paragraph was further amended in the 96th Congress (H. Res. 5, Jan. 
15, 1979, pp. 7-16) to conform to the requirement in that provision that 
further proceedings under the call shall be dispensed with unless the 
Speaker in his discretion recognizes for a call of the House or a motion 
to compel attendance under this paragraph. This clause must be read in 
light of clause 6(e) of this rule, which prohibits the point of order 
that a quorum is not present unless the Speaker has put a question to a 
vote.



Sec. 769. Ordering and conducting the call.

  Under  this rule 
a call may not be ordered by less than 15, and with out that number 
present the motion for a call is not entertained (IV, 2983). It must be 
ordered by majority vote, and a minority of 15 or more favoring a call 
on such vote is not sufficient (IV, 2984). A quorum not being present no 
motion is in order but for a call of the House or to adjourn (IV, 2950, 
2988; VI, 680), and at this stage the motion to adjourn has precedence 
over the motion for a call of the House (VIII, 2642).



[[Page 576]]

manded (IV, 2933). But during proceedings under the call the 
roll may be ordered to be called again by those present (IV, 2991).
  While the following precedents predate the use of the electronic 
voting and recording system, they are retained in the Manual because of 
their general applicability with respect to calls of the House. A roll 
call under paragraph (a) may not be interrupted by a motion to dispense 
with further proceedings under the call (IV, 2992), and a recapitulation 
of the names of those who appear after their names have been called may 
not be de-

  During a call less than a quorum may revoke leaves of absence (IV, 
3003, 3004) and excuse a Member from attendance (IV, 3000, 3001), but 
may not grant leaves of absence (IV, 3002). The roll is sometimes called 
for excuses, and motions to excuse are in order during this call (IV, 
2997), but neither the motion to excuse nor an incidental appeal are 
debatable (IV, 2999). After the roll has been called for excuses, and 
the House has ordered the arrest of those who are unexcused, a motion to 
excuse an absentee is in order when he is brought to the bar (IV, 3012).



Sec. 770. Arrest of Members.

  An  order of arrest for absent 
Members may be made after a single-calling of the roll (IV, 3015, 3016), 
and a warrant issues on direction of those present, such motion having 
precedence of a motion to dispense with proceedings under the call (IV, 
3036). The Sergeant-at-Arms is required to arrest Members wherever they 
may be found (IV, 3017), and leave for a committee to sit during 
sessions does not release its Members from liability to arrest (IV, 
3020). A motion to require the Sergeant-at-Arms to report progress in 
securing a quorum is in order during a call of the House (VI, 687). A 
Member who appears and answers is not subject to arrest (IV, 3019), and 
in a case where a Member complained of wrongful arrest the House ordered 
the Sergeant-at-Arms to investigate and amend the return of his warrant 
(IV, 3021). A Member once arrested having escaped it was held that he 
might not be brought back on the same warrant (IV, 3022). A privileged 
motion to compel the attendance of absent Members is in order after the 
Chair has announced that a quorum has not responded on a negative 
recorded vote on a motion to adjourn (Nov. 2, 1987, p. 30386).


  The former practice of presenting Members at the bar during a call of 
the House (IV, 3030-3035) is obsolete, and Members now report to the 
Clerk and are recorded without being formally excused unless brought in 
under compulsion (VI, 684). Those present on a call may prescribe a fine 
as a condition of discharge, and the House has by resolution revoked all 
leaves of absence and directed the Sergeant-at-Arms to deduct from the 
salary of Members compensation for days absent without leave (VI, 30, 
198), but this penalty has been of rare occurrence (IV, 3013, 3014, 
3025). Form of resolution for the arrest of Members absent without leave 
(VI, 686). Having rejected a motion to adjourn, less than a quorum of 
the House rejected a motion directing the Sergeant-at-Arms to arrest 
absent Members, rejected a second motion to adjourn, and then adopted a 
motion authorizing the Speaker to compel the attendance of absent 
members (Nov. 2, 1987, p. 30387).


[[Page 577]]

able nor subject to amendment, thus the motion to lay it on 
the table is not in order (Aug. 27, 1962, p. 17653; Dec. 18, 1970, pp. 
42504-05).
  The motion to dispense with further proceedings under the call of the 
House is not in order when a motion to arrest absent Members is pending 
(IV, 3029, 3037); is not entertained until a quorum responds on the 
call, but may be agreed to by less than a quorum thereafter (IV, 3038, 
3040; VI, 689; Sept. 11, 1968, p. 26453; Dec. 22, 1970, p. 43311); is 
neither debat-




Sec. 771a. Motions during a call.

  During  the call, which in 
later practice has been invoked only in absence of a quorum, incidental 
motions may be agreed to by less than a quorum (IV, 2994, 3029; VI, 
681), and under clause 6(a)(4) of rule XV a point of order of no quorum 
may not be made during the offering, consideration, and disposition of 
any motion incidental to a call of the House. This includes motions for 
the previous question (V, 5458), to reconsider and to lay the motion to 
reconsider on the table (V, 5607, 5608), to adjourn, which is in order 
even in the midst of the call of the roll for excuses (IV, 2998) or 
while the House is dividing on a motion for a call of the House (VIII, 
2644), and which takes precedence over a motion to dispense with further 
proceedings under the call (VIII, 2643), and an appeal from a decision 
of the Chair (IV, 3010, 3037; VI, 681). The yeas and nays may also be 
ordered (IV, 3010), but a question of privilege may not be raised unless 
it be something connected immediately with the proceedings (III, 2545). 
Motions not strictly incidental to the call are not admitted, as for a 
recess (IV, 2995, 2996), to excuse a Member from voting even when 
otherwise in order (IV, 3007), to enforce the statute relating to 
deductions of pay of Members for absence (IV, 3011; VI, 682), to 
construe a rule or make a new rule (IV, 3008), or to order a change of a 
Journal record (IV, 3009). A motion for a call of the House is not 
debatable (VI, 683, 688). The motion to compel the attendance of absent 
Members, being neither debatable nor amendable, is not subject to a 
motion to lay on the table (Speaker Wright, Nov. 2, 1987, p. 30389).





Sec. 771b. Quorum call by clerks.

  (b)  Subject to clause 5 of 
this rule, when a call of the House in the absence of a quorum is 
ordered, the Speaker shall name one or more clerks to tell the Members 
who are present. The names of those present shall be recorded by such 
clerks, and shall be entered in the Journal and the absentees noted, but 
the doors shall not be closed except when so ordered by the Speaker. 
Members shall have not less than fifteen minutes from the ordering of a 
call of the House to have their presence recorded.



[[Page 578]]

procedure in lieu of using the electronic system, or the Chair may, in 
his discretion, direct that a quorum call be taken by an alphabetical 
call of the roll (Mar. 7, 1973, p. 6699). The Chairman of the Committee 
of the Whole also may direct that a quorum call be conducted by 
depositing quorum tally cards with clerk tellers, rather than by 
electronic device or a call of the roll (July 13, 1983, p. 18858).
  This paragraph was adopted as part of the general revision of rule XV 
which was required by the implementation of the electronic voting system 
(H. Res. 1123, 92d Cong., Oct. 13, 1972, p. 36012). The Speaker, in his 
discretion, may direct that the presence of Members be recorded by this 


  Exercising his authority under this paragraph, the Speaker ordered the 
doors to the Chamber closed and locked during a call of the House and 
instructed the Doorkeeper to enforce the rule and let no Members leave 
the Hall (Deschler's Precedents, vol. 5, ch. 20, sec. 6.3). Clause 2(b) 
does not give the Speaker the authority to lock the doors during a 
recorded vote (June 11, 1997, p. ----).




Sec. 772. Count of those not voting to make a quorum of 
record on a roll call.

  3.  On the demand of any Member, or at the 
suggestion of the Speaker, the names of Members sufficient to make a 
quorum in the Hall of the House who do not vote shall be noted by the 
Clerk and recorded in the Journal, and reported to the Speaker with the 
names of the Members voting, and be counted and announced in determining 
the presence of a quorum to do business.



  This clause was adopted in 1890 (IV, 2905), but it merely formalized a 
principle already established by a decision of the Chair (IV, 2895). It 
was much in use in the first years after its adoption (III, 2620; IV, 
2905-2907); but with the decline of obstruction in the House and the 
adoption of clause 4 of this rule the necessity for its use has 
disappeared to a large extent. The Speaker may direct the Clerk to note 
names of Members under this rule even on a vote for which a quorum is 
not necessary (VIII, 3152).


[[Page 579]]

sidered as ordered. The Clerk shall call the roll, 
and each Member as he answers to his name may vote on the pending 
question, and, after the roll call is completed, each Member arrested 
shall be brought by the Sergeant-at-Arms before the House, whereupon he 
shall be noted as present, discharged from arrest, and given an 
opportunity to vote and his vote shall be recorded. If those voting on 
the question and those who are present and decline to vote shall 
together make a majority of the House, the Speaker shall declare that a 
quorum is constituted, and the pending question shall be decided as the 
majority of those voting shall appear. And thereupon further proceedings 
under the call shall be considered as dispensed with. At any time after 
the roll call has been completed, the Speaker may entertain a motion to 
adjourn, if seconded by a majority of those present, to be ascertained 
by actual count by the Speaker; and if the House adjourns, all 
proceedings under this section shall be vacated.



Sec. 773. The call of the House in the new form.

  4.  Subject 
to clause 5 of this rule, whenever a quorum fails to vote on any 
question, and a quorum is not present and objection is made for that 
cause, unless the House shall adjourn there shall be a call of the 
House, and the Sergeant-at-Arms shall forthwith proceed to bring in 
absent Members, and the yeas and nays on the pending question shall at 
the same time be con-


  This clause was adopted in 1896 (IV, 3041; VI, 690); and amended in 
1972 to make its provisions subject to clause 5 of this rule (H. Res. 
1123, 92d Cong., p. 36012). Where objection is raised to a vote in the 
House on the ground that a quorum is not present, and a quorum is in 
fact not present, the Speaker may direct that the call of the House be 
taken by electronic device under clause 5, or may, in his discretion, 
direct the Clerk to call the roll pursuant to this clause (May 16, 1973, 
p. 15860).


[[Page 580]]

Where less than a quorum rejects a motion to adjourn, 
the House may not consider business but may dispose of motions to compel 
the attendance of absent Members (Nov. 2, 1987, p. 30387).
  It applies only to votes wherein a quorum is required, and hence does 
not apply to an affirmative vote on a motion to adjourn (July 25, 1949, 
p. 10092; Nov. 4, 1983, p. 30946), or motions incidental to a call of 
the House which may be agreed to by less than a quorum (IV, 2994, 3029; 
VI, 681), or to a call when there is no question pending (IV, 2990). 
While a quorum is not required to adjourn, a point of no quorum on a 
negative vote on adjournment, if sustained, precipitates a call of the 
House under the rule (VI, 700; June 4, 1951, pp. 6097, 6098; June 15, 
1951, p. 6621). 

  When a Member objects to a vote on the ground that a quorum is not 
present and makes the point of order under this clause, the Speaker may 
count the House and determine the presence of a quorum, and is not 
required to announce his actual count under the first sentence of this 
clause (Sept. 30, 1981, p. 22456). Where the Speaker ascertains the 
presence of a quorum by actual count following an objection to a vote 
under this clause, or on a rejected demand for the yeas and nays and a 
division vote is then had on the pending question, the division vote is 
intervening business (see VIII, 2804) permitting another objection to 
the lack of a quorum, and the Speaker must again count the House (Mar. 
17, 1976, p. 6792; Aug. 2, 1979, p. 22006). But where the announced 
absence of a quorum has resulted in a rollcall vote under this clause 
(on the Speaker's approval of the Journal), the House may not, even by 
unanimous consent, vacate the vote in order to conduct another voice 
vote in lieu of the rollcall vote, since no business, including a 
unanimous consent agreement, is in order in the announced absence of a 
quorum (July 13, 1983, p. 18844; Feb. 24, 1988, p. 2450). The House 
having authorized the Speaker to compel the attendance of absent 
Members, the Speaker announced that the Sergeant-at-Arms would proceed 
with necessary and efficacious steps, and that pending the establishment 
of a quorum no further business, including unanimous-consent requests 
for recess authority, could be entertained (Nov. 2, 1987, p. 30389).


[[Page 581]]

he will postpone further proceedings on motions to suspend the rules on 
that day if any votes are objected to under clause 4 of rule XV, and 
objection is then made to any such votes under that clause, further 
proceedings are automatically postponed and the question is put de novo 
when that vote recurs as unfinished business, when further proceedings 
are postponed, the point of order that a quorum is not present is 
considered as withdrawn, since no longer in order (a question not being 
pending after the Speaker's announcement of postponement). See clause 
6(e)(1) of rule XV, infra.



Sec. 774a. Conduct of the call in the new form.

  Under  this 
clause the roll is called over twice, and those appearing after their 
names are called may vote (IV, 3052). A motion to adjourn may be made 
before the call begins (IV, 3050). After the roll has been called, and 
while the proceedings to obtain a quorum are going on, motions to excuse 
Members are in order (IV, 3051). The Sergeant-at-Arms is required to 
detain those who are present and bring in absentees (IV, 3045-3048), and 
he does this without the authority of a resolution adopted by those 
present (IV, 3049). There is doubt as to whether or not a warrant is 
necessary but it is customary for the Speaker to issue one on the 
authority of the rule (IV, 3043; VI, 702). When arrested, Members are 
arraigned at the bar, and either vote or are noted as present, after 
which they are discharged (IV, 3044). When a quorum fails to vote on a 
yea-and-nay vote on a motion which requires a quorum to be present, and 
a quorum is not present, the Chair takes notice of the fact, and unless 
the House adjourns, a call of the House is ordered by the Chair under 
this rule, and the vote is taken on the question de novo (IV, 3045, 
3052; VI, 679). An automatic roll call results under this rule when the 
objection that a quorum is not present and voting is made after a viva 
voice vote (VI, 697). An automatic roll call under this rule is not in 
order in Committee of the Whole (Aug. 2, 1966, p. 17844). Pursuant to 
clause 5(b) of rule I, where the Speaker has announced that 





Sec. 774b1. Use of electronic equipment in recording roll 
calls.

  5.  (a) Unless, in his discretion, the Speaker orders the calling 
of the names of Members in the manner provided for under the preceding 
provisions of this rule, upon any roll call or quorum call the names of 
such Members voting or present shall be recorded by electronic device. 
In any such case, the Clerk shall enter in the Journal and publish in 
the Congressional Record, in alphabetical order in each category, a list 
of names of those Members recorded as voting in the affirmative, of 
those Members recorded as voting in the negative, and of those Members 
answering present, as the case may be, as if their names had been called 
in the manner provided for under such preceding provisions. Members 
shall have not less than fifteen minutes from the ordering of the roll 
call or quorum call to have their vote or presence recorded.


  The permissive use of an electronic voting system was incorporated in 
the Legislative Reorganization Act of 1970 (sec. 121; 84 Stat. 1140) and 
was made a part of the standing rules in the 92d Congress (H. Res. 5, 
Jan. 22, 1971, p. 144). The electronic system was first utilized in the 
House on January 23, 1973 (p. 1793). The clause in its essential form 
was adopted the next year (H. Res. 1123, Oct. 13, 1972, p. 36012).


[[Page 582]]

the roll, where voting stations are inoperative (Speaker 
O'Neill, Sept. 19, 1985, p. 24245).
  The Speaker has the discretion to continue to use the electronic 
system, even though the electronic display panels are temporarily 
inoperative, where the voting stations continue in operation and Members 
are able to verify their votes, or to use a backup voting procedure, 
such as calling 

  The Speaker inserted in the Record a detailed statement describing 
procedures to be followed during votes and quorum calls by electronic 
device and by the back-up procedures therefor (Jan. 15, 1973, pp. 1054-
57). The Speaker may direct that a call of the House be conducted by an 
alphabetical call of the roll by the Clerk where, in his discretion, he 
does not utilize the electronic voting device (Mar. 7, 1973, p. 6699), 
and pursuant to clauses 4 and 5 of rule XV the Speaker may, in his 
discretion, direct the Clerk to call the roll, in lieu of taking the 
vote by electronic device, where a quorum fails to vote on any question 
and objection is made for that reason (May 16, 1973, p. 15850). The 
Speaker declines to entertain unanimous-consent requests to correct the 
Journal and Record on votes taken by electronic device (Apr. 18, 1973, 
p. 13081; May 10, 1973, p. 15282; June 17, 1986, p. 14038), but the 
Speaker may announce a change in the result of a vote taken by 
electronic device where required to correct an error in identifying a 
signature on a voting card submitted in the well (June 11, 1981).


[[Page 583]]

voting stations are closed but before the Speaker's 
announcement of the result, a Member may cast an initial vote or change 
a vote by ballot card in the well (Speaker Albert, Sept. 23, 1975, p. 
29850; Speaker Wright, Oct. 29, 1987, p. 30239). In 1975, Speaker Albert 
announced that changes could no longer be made at the electronic 
stations but would have to be made by ballot card in the well (Speaker 
Albert, Sept. 17, 1975, p. 28903). In 1976, Speaker Albert announced 
that changes could be made electronically during the first 10 minutes of 
a 15-minute voting period, but changes during the last 5 minutes would 
have to be made by ballot card in the well (Speaker Albert, Mar. 22, 
1976, p. 7394). In 1977, Speaker O'Neill announced that changes could be 
made electronically at any time during a vote reduced to five minutes 
under the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

  On a call of the House conducted by electronic device, Members are 
permitted a minimum of 15 minutes to respond, but it is within the 
discretion of the Chair, following the expiration of 15 minutes, to 
allow additional time for Members to record their presence before 
announcing the result (June 6, 1973, p. 18403), and since this clause is 
incorporated by reference into clause 2 of rule XXIII, the Chairman of 
the Committee of the Whole need not convert to a regular quorum call 
precisely at the expiration of 15 minutes if 100 Members have not 
appeared on a notice quorum call, but he may continue to exercise his 
discretion under clause 2 of rule XXIII at any time during the conduct 
of the call (July 17, 1974, p. 23673). Since the Chair has the 
discretion to close the vote and to announce the result at any time 
after 15 minutes have elapsed, those precedents guaranteeing Members in 
the Chamber the right to have their votes recorded even if the Chair has 
announced the result (i.e., V, 6064, 6065; VIII, 2143), which predate 
the use of an electronic voting system, do not require the Chair to hold 
open indefinitely a vote taken by electronic device (Speaker pro tempore 
Meeds, Mar. 14, 1978, pp. 6838-39), and in the 103d Congress the Speaker 
inserted in the Record his announcement that, in order to expedite the 
conduct of votes by electronic device, the Cloakrooms were directed not 
to forward to the Chair individual requests to hold a vote open (Speaker 
Foley, Jan. 6, 1993, p. ----). In the 104th Congress the Speaker 
announced that each occupant of the Chair would have his full support in 
striving to close each electronic vote at the earliest opportunity and 
that Members should not rely on signals relayed from outside the Chamber 
to assume that votes will be held open until they arrive (Speaker 
Gingrich, Jan. 4, 1995, p. ----); however, the Chair will not close a 
vote while a Member is in the well attempting to vote (Feb. 10, 1995, p. 
----; June 22, 1995, p. ----). At the end of a 15-minute vote, after the 
electronic 



Sec. 774b2. ``15and5'' voting.

    (b)  The Speaker may, in 
his discretion, reduce to not less than five minutes the time within 
which a rollcall vote by electronic device may be taken--


      (1) after a rollcall vote has been ordered on a motion for the 
previous question, on any underlying question that follows without 
intervening business;

      (2) after a rollcall vote has been ordered on an amendment 
reported from the Committee of the Whole House on the state of the 
Union, on any subsequent amendment to that bill or resolution reported 
from the Committee of the Whole; or


      (3) after a rollcall vote has been ordered on a motion to recommit 
a bill, resolution, or conference report thereon, on the question of 
passage or adoption, as the case may be, of such bill, resolution, or 
conference report thereon, if the question of passage or adoption 
follows without intervening business the vote on the motion to recommit.


[[Page 584]]

15, 1979, pp. 7-16) to permit the Speaker to reduce to five minutes 
the vote on final passage immediately following a 15-minute recorded 
vote on a motion to recommit. The authority now found in paragraph 
(b)(2) was first added as an undesignated penultimate sentence of clause 
5 in the 101st Congress (H. Res. 5, Jan. 3, 1989, p. 72) to permit the 
Speaker to reduce to five minutes any rollcall votes on amendments 
reported to the House from Committee of the Whole after a 15-minute vote 
on the first of such amendments. When the authority found in paragraph 
(b)(1) was added in the 103d Congress (H. Res. 5, Jan. 5, 1993, p. ----) 
to permit the Speaker to reduce to five minutes the vote on adoption of 
a special order of business resolution immediately following a 15-minute 
recorded vote on ordering the previous question thereon, clause 5 was 
organized into paragraphs (a) and (b). In the 104th Congress paragraph 
(b)(1) was broadened to cover any previous question situation (sec. 
223(e), H. Res. 6, Jan. 4, 1995, p. ----).
  The authority now found in paragraph (b)(3) was first added as an 
undesignated last sentence of clause 5 in the 96th Congress (H. Res. 5, 
Jan. 

  Five-minute votes are now permitted at the discretion of the Chair in 
six circumstances: (1) under clause 5(b) of rule I, on additional 
questions on which the Speaker has postponed further proceedings 
immediately following a 15-minute vote on the first such postponed 
question; (2) under clause 5(b)(1) of rule XV, on an underlying question 
immediately following a 15-minute recorded vote on ordering the previous 
question thereon; (3) under clause 5(b)(2) of rule XV, on second and 
subsequent separate votes in the House on amendments reported from 
Committee of the Whole immediately following a 15-minute vote on the 
first such separate vote; (4) under clause 5(b)(3) of rule XV, on final 
passage immediately following a 15-minute recorded vote on recommittal; 
(5) under clause 2(a) of rule XXIII, on a pending question immediately 
following a regular quorum call in Committee of the Whole; and (6) under 
clause 2(c) of rule XXIII, on any or all pending amendments immediately 
following a 15-minute recorded vote on the first such pending amendment 
in Committee of the Whole. Clause 5(b) does not give the Chair the 
authority to reduce to five minutes the vote on a motion to recommit 
occurring immediately after a recorded vote on an amendment reported 
from the Committee of the Whole, and the Chair will not entertain a 
unanimous-consent request to reduce that vote to five minutes after 
Members had already left the Chamber with the expectation that the next 
vote would be a 15-minute vote (June 29, 1994, p. ----). A 15-minute 
vote on the question of tabling the motion to reconsider the vote on 
ordering the previous question is not such intervening business as to 
prevent the Chair from reducing to five minutes the vote on the 
underlying question (June 29, 1995, p. ----; July 24, 1997, p. ----). 
Similarly, an intervening vote on the question of tabling the motion to 
reconsider the vote on the motion to recommit does not prevent the Chair 
from reducing the vote on final passage (July 24, 1997, p. ----).


[[Page 585]]

  In the 95th Congress, the Speaker announced that changes could be made 
electronically at any time during a vote reduced to five minutes under 
the rules (Speaker O'Neill, Jan. 4, 1977, pp. 53-70).

  6. (a) It shall not be in order to make or entertain a point of order 
that a quorum is not present--



Sec. 774c. Quorum; when not required.

       (1) before or 
during the offering of prayer;


      (2) during the administration of the oath of office to the Speaker 
or Speaker pro tempore or a Member, Delegate, or Resident Commissioner;

      (3) during the reception of any message from the President of the 
United States or the United States Senate; and

      (4) during the offering, consideration, and disposition of any 
motion incidental to a call of the House.

  (b) A quorum shall not be required in Committee of the Whole for 
agreement to a motion that the Committee rise.

  (c) After the presence of a quorum is once ascertained on any day on 
which the House is meeting, a point of order of no quorum may not be 
made or entertained--

      (1) during the reading of the Journal;

      (2) during the period after a Committee of the Whole has risen 
after completing its consideration of a bill or resolution and before 
the Chairman of the Committee has reported the bill or resolution back 
to the House; and


[[Page 586]]

with no measure or matter then under consideration for disposition by 
the House.
      (3) during any period of a legislative day when the Speaker is 
recognizing Members (including a Delegate or Resident Commissioner) to 
address the House under special orders, 

  (d) When the presence of a quorum is ascertained, a further point of 
order that a quorum is not present may not thereafter be made or 
entertained until additional business intervenes. For purposes of this 
paragraph, the term ``business'' does not include any matter, 
proceeding, or period referred to in paragraph (a), (b), or (c) of this 
clause for which a quorum is not required or a point of order of no 
quorum may not be made or entertained.

  (e)(1) Except as provided by subparagraph (2), it shall not be in 
order to make or entertain a point of order that a quorum is not present 
unless the Speaker has put the pending motion or proposition to a vote.




Sec. 774d. Speaker's discretion to recognize for motion 
for call of House.

  (2)  Notwithstanding subparagraph (1), it shall always 
be in order for a Member to move a call of the House when recognized for 
that purpose by the Speaker, and when a quorum has been established 
pursuant to a call of the House, further proceedings under the call 
shall be considered as dispensed with unless the Speaker, in his 
discretion, recognizes for a motion under clause 2(a) of this rule or 
for a motion to dispense with further proceedings under the call.


  Paragraphs (a) through (d) were added in the 93d Congress (H. Res. 
998, Apr. 9, 1974, pp. 10195-99) and paragraph (e) in the 95th Congress 
(H. Res. 5, Jan. 4, 1977, pp. 53-70).


[[Page 587]]

a request that a committee be permitted to sit under the 
five-minute rule, since the Chair has not put the question on a pending 
proposition to a vote (June 18, 1980, pp. 15316-17). But under clause 
6(e)(2) the Speaker may at any time in his discretion recognize a Member 
of his choice to move a call of the House (Speaker O'Neill, Jan. 19, 
1977, p. 1719; Jan. 31, 1977, p. 2640; Aug. 6, 1986, p. 19370), or may 
choose not to do so (Sept. 30, 1997, p. ----), even, for example, prior 
to the call of the Private Calendar, which under clause 6 of rule XXIV 
is in order after approval of the Journal and disposition of business on 
the Speaker's table (July 8, 1987, p. 18972). Clause 6(e)(2) was amended 
in the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16) to dispense 
with further proceedings under any call of the House when a quorum 
appears unless the Speaker at his discretion recognizes for a motion.
  Under clause 6(e)(1), the Speaker may not entertain a point of order 
of no quorum when he has not put a question to a vote in the House 
(Speaker O'Neill, Jan. 11, 1977, p. 891; Jan. 31, 1977, p. 2640; Sept. 
30, 1997, p. ----). The Chair may not entertain a point of order of no 
quorum pending 

  The Speaker's refusal to entertain a point of order of no quorum when 
a pending question has not been put to a vote is not subject to an 
appeal, since the clause contains an absolute and unambiguous 
prohibition against entertaining such a point of order (Sept. 16, 1977, 
pp. 29562-63). During debate on a measure in the House the Speaker will 
not respond to an inquiry as to the number of Members present in the 
Chamber, since a point of no quorum is not admissible unless he has put 
the pending question to a vote (Oct. 28, 1987, p. 29682).


  In adopting this rule, the House has presumably determined that the 
mere conduct of debate in the House, where the Chair has not put the 
pending motion or proposition to a vote, is not such business as 
requires a quorum under the Constitution (art. I, sec. 5, cl. 1), and 
neither a point of order of no quorum during debate only nor a point of 
order against the enforcement of this clause lies independently under 
the Constitution (Sept. 8, 1977, p. 28114; Sept. 12, 1977, pp. 28800-01; 
Feb. 27, 1986, p. 3060). See also clause 2 of rule XVII, providing that 
after the previous question is ordered a call of the House shall only be 
in order if the Speaker determines by actual count of the House that a 
quorum is not present.




Sec. 774e. Yeas and nays ordered on certain 
questions.

  7.  The yeas and nays shall be considered as ordered when the 
Speaker puts the question on final passage or adoption of any bill, 
joint resolution, or conference report making general appropriations or 
increasing Federal income tax rates, or on final adoption of any 
concurrent resolution on the budget or conference report thereon.





  This clause was adopted in the 104th Congress (sec. 214, H. Res. 6, 
Jan. 4, 1995, p. ----).