23:1 When a member thinks that the rules of the assembly are being violated, he can make a Point of Order (or “raise a question of order,” as it is sometimes expressed), thereby calling upon the chair for a ruling and an enforcement of the regular rules.
1. Takes precedence over any pending question out of which it may arise. It yields to all privileged motions and (if it adheres to pending question(s), 10:35) it yields to a motion to lay the main question on the table, in cases where these motions are in order at the time according to the order of precedence of motions. Except for yielding to the motion to Lay on the Table when it adheres to pending question(s) as just stated, it does not yield to any subsidiary motion so long as it is handled in the normal manner—that is, by being ruled upon by the chair without debate. Consequently, under this normal procedure:
• If a point of order which adheres to pending question(s) is raised while any one of the six lower-ranking subsidiary motions is immediately pending, no other subsidiary motion except Lay on the Table can be made until the point of order is disposed of; but in such a case, Lay on the Table or any privileged motion can be moved and must be considered before the point of order is ruled upon.
• If a point of order which does not adhere to pending question(s) is raised while any subsidiary motion is immediately pending, no subsidiary motion can be made until the point of order is disposed of, but any privileged motion can be moved and must be considered first.
• With reference to either of the above cases, on the other hand, if a motion to Lay on the Table or a privileged motion is pending and a point of order arises out of the parliamentary situation existing then, the point of order is disposed of first, although it can be interrupted by a still higher-ranking privileged motion.
In cases where the chair, being in doubt, refers the point of order to the judgment of the assembly and where the point thereby becomes debatable (see Standard Characteristic 5, below), it—like a debatable appeal (24)—also: yields to the subsidiary motions to Limit or Extend Limits of Debate and for the Previous Question; yields to the motions to Commit and to Postpone Definitely provided that they are in order at the time according to the order of precedence of motions; and yields to incidental motions arising out of itself.
2. Can be applied to any breach of the assembly’s rules. So long as it is handled in the normal manner by being ruled upon by the chair, no subsidiary motion can be applied to it—except that, if it adheres to pending question(s), then (unless the motion to Lay on the Table was already pending when the point of order arose) the main question can be laid on the table while the point of order is pending, and the point of order also goes to the table with all adhering motions. If the chair, being in doubt, refers the point of order to the judgment of the assembly and it thereby becomes debatable (see Standard Characteristic 5, below), the application of subsidiary motions to it is governed by the same rules as stated for debatable appeals under Standard Characteristic 2, 24:3(2).
3. Is in order when another has the floor, even interrupting a person speaking or reading a report if the point genuinely requires attention at such a time (see Timeliness Requirement for a Point of Order, 23:5).
4. Does not require a second.
5. Is not debatable—but, with the chair’s consent, a member may be permitted to explain his point and knowledgeable or interested members can be heard by way of explanation. If the chair submits the point to a vote of the assembly, the rules governing its debatability are the same as for an Appeal (see 23:19; see also 24:3(5)).
6. Is not amendable.
7. Is normally ruled upon by the chair. No vote is taken unless the chair is in doubt or his ruling is appealed.
8. Cannot be reconsidered; that is, the chair’s ruling on a point of order cannot be reconsidered. If the chair submits the point to a vote of the assembly, however, the vote of the assembly can be reconsidered.
23:3 Grounds for a Point of Order. It is the right of every member who notices a breach of the rules to insist on their enforcement. If the chair notices a breach, he corrects the matter immediately; but if he fails to do so—through oversight or otherwise—any member can make the appropriate Point of Order. The presiding officer may wish to engage in brief research or consult with the parliamentarian before ruling, and may allow the assembly to stand at ease (see 8:2(4)) while he does so. In any event, when the presiding officer has made a ruling, any two members can appeal (one making the appeal and the other seconding it), as described in 24.1
23:4 If a member is uncertain as to whether there is a breach on which a point of order can be made, he can make a parliamentary inquiry of the chair (see 33:3–5). In ordinary meetings it is undesirable to raise points of order on minor irregularities of a purely technical character, if it is clear that no one’s rights are being infringed upon and no real harm is being done to the proper transaction of business.
23:5 Timeliness Requirement for a Point of Order. The general rule is that if a question of order is to be raised, it must be raised promptly at the time the breach occurs. For example, if the chair is stating the question on a motion that has not been seconded, or on a motion that is not in order in the existing parliamentary situation, the time to raise these points of order is when the chair states the motion. After debate on such a motion has begun—no matter how clear it is that the chair should not have stated the question on the motion—a point of order is too late. If a member is unsure of his point or wishes to hear what the maker has to say on behalf of the motion before pressing a point of order, he may, with the chair’s sufferance, “reserve a point of order” against the motion; but after the maker has spoken, he must insist upon his point of order or withdraw it. Points of order regarding the conduct of a vote must be raised immediately following the announcement of the voting result (see 45:9).
23:6 The only exceptions to the requirement that a point of order must be made promptly at the time of the breach arise in connection with breaches that are of a continuing nature, whereby the action taken in violation of the rules is null and void. In such cases, a point of order can be made at any time during the continuance of the breach—that is, at any time that the action has continuing force and effect—regardless of how much time has elapsed. Instances of this kind occur when:
a) a main motion has been adopted that conflicts with the bylaws (or constitution) of the organization or assembly,2
b) a main motion has been adopted that conflicts with a main motion previously adopted and still in force, unless the subsequently adopted motion was adopted by the vote required to rescind or amend the previously adopted motion,
c) any action has been taken in violation of applicable procedural rules prescribed by federal, state, or local law,
d) any action has been taken in violation of a fundamental principle of parliamentary law (25:9), or
e) any action has been taken in violation of a rule protecting absentees, a rule in the bylaws protecting the secrecy of the members’ votes (as on a ballot vote), or a rule protecting a basic right of an individual member (25:7, 25:10–11).
(For particular rules applicable to boards, see 23:9.)
23:7 Remedy for Violation of the Right to Vote. If one or more members have been denied the right to vote, or the right to attend all or part of a regular or properly called meeting during which a vote was taken while a quorum was present, a point of order concerning the action taken in denying the basic rights of the individual members can be raised so long as the decision arrived at as a result of the vote has continuing force and effect. If there is any possibility that the members’ vote(s) would have affected the outcome, then the results of the vote must be declared invalid if the point of order is sustained. If there is no such possibility, the results of the vote itself can be made invalid only if the point of order is raised immediately following the chair’s announcement of the vote. If the vote was such that the number of members excluded from participating would not have affected the outcome, a member may wish, in the appropriate circumstances, to move to Rescind or Amend Something Previously Adopted (35), to move to Reconsider (37), or to renew a motion (38), arguing that comments in debate by the excluded members could have led to a different result; but the action resulting from the vote is not invalidated by a ruling in response to a point of order raised at a later time.
23:8 Remedy for Inclusion of Improper Votes. If the announced result of a vote included votes cast in violation of a fundamental principle of parliamentary law, such as votes cast by nonmembers or by absent members, or multiple votes improperly cast by a single member, a point of order can be raised so long as the decision arrived at as a result of the vote has continuing force and effect. If there is any possibility that the vote(s) would have affected the outcome, the results of the vote must be declared invalid if the point of order is sustained.
23:9 Remedy When Action Taken by an Executive Board Is Null and Void. If the executive board of a society takes action that exceeds the board’s instructions or authority, that conflicts with a decision made by the assembly of the society, or that falls under any of the categories listed in 23:6, a point of order can be raised at a board meeting at any time during the continuance of the breach. If the point of order is sustained, the action must be declared null and void. Alternatively, the society’s assembly can adopt an incidental main motion by majority vote declaring that the board’s action is null and void; or, if it is affecting business at a meeting of the assembly, the board’s action can be declared null and void by a ruling of the chair relating to the affected business or on a relevant point of order raised by a member. It is also possible for the assembly to bring disciplinary measures against the board members who voted for the improper action. If the assembly finds itself in sympathy with the board’s action and the action is one that that assembly could have authorized in advance, the assembly can instead ratify the action as explained in 10:54–57.
23:10 Precedent. The minutes include the reasons given by the chair for his or her ruling (see 48:4(10)). The ruling and its rationale serve as a precedent for future reference by the chair and the assembly, unless overturned on appeal, the result of which is also recorded in the minutes and may create a contrary precedent. When similar issues arise in the future, such precedents are persuasive in resolving them—that is, they carry weight in the absence of overriding reasons for following a different course—but they are not binding on the chair or the assembly. The weight given to precedent increases with the number of times the same or similar rulings have been repeated and with the length of time during which the assembly has consistently adhered to them.
23:11 If an assembly is or becomes dissatisfied with a precedent, it may be overruled, in whole or in part, by a later ruling of the chair or a decision of the assembly in an appeal in a similar situation, which will then create a new precedent. Alternatively, adoption, rescission, or amendment (35) of a bylaw provision, special rule of order, standing rule, or other motion may alter the rule or policy on which the unsatisfactory precedent was based.
23:12 When a member notices a breach of order that may do harm if allowed to pass, he rises and, without waiting for recognition, immediately addresses the chair as follows:
MEMBER A: I rise to a point of order. [Or, “Point of order!”]
23:13 Anyone who is speaking takes his seat. If the point relates to a transgression of the rules of debate, the form used may be:
MEMBER A: Mr. President, I call the gentleman to order.
23:14 The chair then asks the member to state his point of order, or what words in the debate he objects to.
MEMBER A: I make the point of order that…
23:15 On completing his statement, the member resumes his seat. The chair then rules whether “the point of order is well taken” or “is not well taken,” stating briefly his reasons, which are recorded in the minutes. If the chair desires, he can review the parliamentary situation without leaving the chair, but standing, before giving his ruling.
23:16 If the chair’s decision requires any action and no appeal is made, he sees that the necessary action is taken before proceeding with the pending business. Thus, if the point of order relates to a breach of decorum in debate that is not serious, the chair can allow the member to continue his speech. But if the member’s remarks are decided to be improper and anyone objects, the member cannot continue speaking without a vote of the assembly to that effect (see 61:11).
23:17 Before rendering his decision, the chair can consult the parliamentarian, if there is one. The chair can also request the advice of experienced members, but no one has the right to express such opinions in the meeting unless requested to do so by the chair.
23:18 When the chair is in doubt as to how to rule on an important point, he can submit it to the assembly for decision in some such manner as:
CHAIR: Mr. Downey raises a point of order that the amendment is not germane to the resolution. The chair is in doubt and submits the question to the assembly. The resolution is [reading it]. The proposed amendment is [reading it]. The question is, “Is the amendment germane to the resolution?”
23:19 Since no appeal can be made from a decision of the assembly itself, this question is open to debate whenever an appeal would be—that is, the question submitted by the chair to the assembly for decision is debatable except when it relates to indecorum or transgression of the rules of speaking, or to the priority of business, or when an undebatable question is immediately pending or involved in the point of order. As in the case of debate on an appeal (24), when a point of order that is submitted to a vote is debatable, no member can speak more than once in the debate except the chair, who can speak in preference to other members the first time, and who is also entitled to speak a second time at the close of debate.
23:20 In the example given above, the question may be put as follows:
CHAIR: Those of the opinion that the amendment is germane, say aye.… Those of the opinion that it is not germane, say no.… The ayes have it and the amendment is in order. The question is on the adoption of the amendment.
Or:
CHAIR:… The noes have it and the amendment is not in order. The question is on the adoption of the resolution.
23:21 When a point of order is submitted to a vote of the assembly and the point relates to stopping something from being done, it is usually best to put the question so that an affirmative vote will be in favor of allowing the proceedings to continue as if the point had not been raised. Thus, if a point is made that the chair is admitting a motion which is not in order, the question should be put so that an affirmative result of the vote will mean that the motion is in order—as in the example above, or as follows: “… Those of the opinion that the motion is in order, say aye.… ; etc.” When a member has been called to order because of indecorum in debate, the corresponding form is: “… Those of the opinion that the member should be allowed to resume speaking, say aye.…” If the foregoing principle has no clear application to the case, the question can be put so that an affirmative result will uphold the point of order: “… Those of the opinion that the point is well taken, say aye.…”3
24:1 By electing a presiding officer, the assembly delegates to him the authority and duty to make necessary rulings on questions of parliamentary law. But any two members have the right to Appeal from his decision on such a question. By one member making (or “taking”) the appeal and another seconding it, the question is taken from the chair and vested in the assembly for final decision.
24:2 Members have no right to criticize a ruling of the chair unless they appeal from his decision.
1. Takes precedence over any question pending at the time the chair makes a ruling from which the appeal is made. It yields to all privileged motions (provided that they are in order at the time according to the order of precedence of motions), and it yields to incidental motions arising out of itself. If it is debatable (see Standard Characteristic 5, below), it also yields to the subsidiary motions to Limit or Extend Limits of Debate and for the Previous Question, and yields to the motions to Commit, to Postpone Definitely, and to Lay on the Table, provided that they are in order at the time according to the order of precedence of motions. If it is undebatable and adheres to pending question(s), it does not yield to any subsidiary motion except to Lay on the Table; and if it is undebatable and does not adhere to pending question(s), it yields to no subsidiary motion.
2. Can be applied to any ruling by the presiding officer except that:
a) if a point of order is raised while an appeal is pending, there is no appeal from the chair’s decision on this point of order, although the correctness of the ruling can be brought up later by a motion covering the case; and
b) when the chair rules on a question about which there cannot possibly be two reasonable opinions, an appeal would be dilatory and is not allowed.
Rules governing the applicability of subsidiary motions to debatable appeals are as follows: A motion limiting or extending debate or a motion for the Previous Question can be applied to a debatable appeal without affecting any other pending question. Also:
• When a debatable appeal does not adhere to pending question(s)—that is, when the decision on it would in no way affect pending question(s)—such a debatable appeal can have any of the subsidiary motions applied to it except Postpone Indefinitely and Amend.
• But when a debatable appeal adheres to pending question(s)—as in the case of an appeal from a ruling that an amendment is not germane—the subsidiary motions, except the motions affecting debate, cannot be applied to the appeal alone. However, they can be applied to the main question, and if the latter is committed, postponed, or laid on the table, the appeal goes with this main question.
In the case of undebatable appeals:
• When an undebatable appeal does not adhere to pending question(s), no subsidiary motion can be applied to it; however,
• When an undebatable appeal adheres to pending question(s), no subsidiary motion can be applied to it alone; but the main question can be laid on the table, and the appeal then goes to the table with the main question and all adhering motions.
3. Is in order when another has the floor.
4. Must be seconded.
5. Is debatable, unless it (a) relates to indecorum or a transgression of the rules of speaking; (b) relates to the priority of business; or (c) is made when an undebatable question is immediately pending or involved in the appeal. When an appeal is debatable, no member is allowed to speak more than once except the presiding officer—who need not leave the chair while so speaking, but should stand. The first time the chair speaks in debate on the appeal, he is entitled to preference over other members seeking recognition. He can answer arguments against the decision or give additional reasons by speaking a second time at the close of the debate. He may announce his intention to speak in rebuttal and ask if there are others who wish to speak first. Even when the appeal is not debatable, the chair can, when stating the question on it, give the reasons for his decision without leaving the chair.
6. Is not amendable.
7. A majority or a tie vote sustains the decision of the chair on the principle that the chair’s decision stands until reversed by a majority. If the presiding officer is a member of the assembly, he can vote to create a tie and thus sustain his decision.
8. Can be reconsidered.
24:4 Appropriateness of Appeal. If a member disagrees with a ruling of the chair affecting any substantial question, he should not hesitate to appeal. The situation is no more delicate than disagreeing with another member in debate. In the case of serious questions when proponents and opponents appear nearly equal, a presiding officer may welcome an appeal from his decision. By relieving the chair of responsibility in a strongly contested situation and placing it on the assembly itself, better relationships are often preserved.
24:5 Applicability Limited to Rulings. As explained in Standard Characteristic 2, an appeal is applicable only to a ruling by the chair.
24:6 No appeal can be made from the chair’s response to a parliamentary inquiry or other query, since such a reply is an opinion rendered by the chair, not a ruling on a question that has actually arisen. For example, if, in answer to a parliamentary inquiry, the chair states that a certain motion would not be in order at the time, this reply is not subject to appeal. But the point can be put at issue before the assembly by making the motion despite the chair’s opinion and, when he rules that the motion is not in order, appealing from the chair’s decision.
24:7 The chair’s judgment as to the more numerous side in a vote, or whether there are two thirds in the affirmative, also is not a ruling and is not subject to appeal.4 If a member doubts the correctness of such an announced result, however, he should call for a Division (see 29) or move that the vote be counted.
24:8 Timeliness Requirement for an Appeal. If an appeal is to be made, it must be made at the time of the chair’s ruling. If any debate or business has intervened, it is too late to appeal.
24:9 A member desiring to appeal rises and, without waiting to be recognized, addresses the chair as follows:
MEMBER A: I appeal from the decision of the chair. (Second.)
CHAIR: The decision of the chair is appealed from.
24:10 The chair, after stating clearly the exact question at issue, and the reasons for his decision if he thinks an explanation necessary, states the question on the appeal as follows:
CHAIR: The question is: “Shall the decision of the chair stand as the judgment of the assembly [or “club,” “society,” “board,” etc.]?”
Or:
CHAIR: The question is, “Shall the decision of the chair be sustained?”
24:11 The question is not on “sustaining the chair,” because the decision, not the presiding officer, is in question.
24:12 The vote is taken so that the affirmative will be in favor of sustaining the chair’s decision, as follows:
CHAIR: Those in favor of sustaining the chair’s decision, say aye.… Those opposed to sustaining this decision, say no.…
24:13 After the result of the vote is announced, business is resumed in accordance with the situation existing after the action on the appeal.
25:1 When an assembly wishes to do something during a meeting that it cannot do without violating one or more of its regular rules, it can adopt a motion to Suspend the Rules interfering with the proposed action—provided that the proposal is not in conflict with the organization’s bylaws (or constitution), with local, state, or national law prescribing procedural rules applicable to the organization or assembly, or with a fundamental principle of parliamentary law.
25:2 The incidental motion to Suspend the Rules:
1. Can be made at any time that no question is pending. When business is pending, Suspend the Rules takes precedence over any motion if it is for a purpose connected with that motion. It yields to the motion to Lay on the Table and to all privileged motions when these motions are in order at the time according to the order of precedence of motions—except that if it relates to the priority of business it does not yield to a Call for the Orders of the Day. It also yields to incidental motions arising out of itself.
2. Can be applied to any rule of the assembly except bylaws (or rules contained in a constitution or corporate charter).5 No subsidiary motion can be applied to Suspend the Rules.
3. Is out of order when another has the floor.
4. Must be seconded.
5. Is not debatable. (But see 43:31–32 regarding allowable explanation of an undebatable motion.)
6. Is not amendable.
7. Usually requires a two-thirds vote (see below, however). In any case, no rule protecting a minority of a particular size can be suspended in the face of a negative vote as large as the minority protected by the rule.
8. Cannot be reconsidered (see below regarding its renewal).
25:3 Object and Effect of the Motion. The object of this motion is to suspend one or more rules applicable to the assembly—such as rules contained in the parliamentary authority, special rules of order, or standing rules6—that interfere with proposed action during a meeting. A motion to “take up a question out of its proper order,” or to consider one before a time to which it has been postponed, is an application of the motion to Suspend the Rules (see 14, 41).
25:4 In making the incidental motion to Suspend the Rules, the particular rule or rules to be suspended are not mentioned; but the motion must state its specific purpose, and its adoption permits nothing else to be done under the suspension. Such a motion, for instance, may be “to suspend the rules and take up the report of the Building Committee,” or “to suspend the rules and agree to [that is, to adopt without debate or amendment] the resolution…” When the purpose of a motion to Suspend the Rules is to permit the making of another motion, and the adoption of the first motion would obviously be followed by adoption of the second, the two motions can be combined, as in “to suspend the rules and take from the table (34) the question relating to…” The foregoing is an exception to the general rule that no member can make two motions at the same time except with the consent of the assembly—unanimous consent being required if the two motions are unrelated (see also 10:25, 27:10–11).
25:5 If a motion to Suspend the Rules is adopted and its object is to allow consideration of business that could not otherwise have been considered at the time, the chair immediately recognizes the member who moved the suspension of the rules, to make the appropriate motion that will bring up the desired business. Or, if no further motion is necessary (for example, if the two motions were combined as indicated above, or if the question is one that was postponed), the chair announces the business as pending.
25:6 Renewal of the Motion. If a motion to suspend the rules is voted down, it cannot be renewed by moving to suspend the rules for the same purpose at the same meeting, unless unanimous consent is given. It can, however, be renewed for the same purpose after an adjournment, even if the next meeting is held the same day. Any number of motions to suspend the rules for different purposes can be entertained at the same meeting.
25:7 Rules That Cannot Be Suspended. Rules contained in the bylaws (or constitution) cannot be suspended—no matter how large the vote in favor of doing so or how inconvenient the rule in question may be—unless the particular rule specifically provides for its own suspension, or unless the rule properly is in the nature of a rule of order as described in 2:14. However, a rule in the bylaws requiring that a vote—such as, for example, on the election of officers—be taken by (secret) ballot cannot be suspended so as to violate the secrecy of the members’ votes unless the bylaws so provide (see also Voting by Ballot, 45:18–24). Nothing in a corporate charter can be suspended unless the charter or applicable law so provides.
25:8 No applicable procedural rule prescribed by federal, state, or local law can be suspended unless the rule specifically provides for its own suspension.
25:9 Rules which embody fundamental principles of parliamentary law, such as the rule that allows only one question to be considered at a time (5:4), cannot be suspended, even by a unanimous vote. Thus, since it is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a regular or properly called meeting (45:56), the rules cannot be suspended so as to give the right to vote to a nonmember,7 or to authorize absentee voting (45:56ff.). Likewise, since it is a fundamental principle that each member of a deliberative assembly is entitled to one—and only one—vote on a question, the rules may not be suspended so as to authorize cumulative voting (46:43).
25:10 Rules protecting absentees cannot be suspended, even by unanimous consent or an actual unanimous vote, because the absentees do not consent to such suspension. For example, the rules requiring the presence of a quorum, restricting business transacted at a special meeting to that mentioned in the call of the meeting, and requiring previous notice of a proposed amendment to the bylaws protect absentees, if there are any, and cannot be suspended when any member is absent.8
25:11 Rules protecting a basic right of the individual member cannot be suspended. Thus, while generally applicable limits on debate and the making of motions may be imposed by motions such as the Previous Question, the rules may not be suspended so as to deny any particular member the right to attend meetings, make motions or nominations, speak in debate, give previous notice, or vote. These basic rights may be curtailed only through disciplinary proceedings.
25:12 At a regular meeting of an organization that has an established order of business, the assembly cannot, even unanimously, vote to dispense with that order of business (in the sense of voting, in advance of the time when it adjourns, that the order of business shall not be gone through at all at that meeting). If the assembly, by a two-thirds vote, adopts a motion “to dispense with the regular order of business and proceed to”9 a certain subject, it has in effect voted to suspend the rules and pass all classes in the order of business which normally would precede that subject (see 41:37–39). In such a case, when the matter taken up out of its proper order has been disposed of, even if it has consumed as much time as the usual meeting, the chair must return to the regular order of business and call for the items in sequence, unless the assembly then votes to adjourn (see 21).
25:13 Rules that have their application outside of the session which is in progress cannot be suspended. For example, a policy prohibiting total contributions to any one charitable organization in excess of $500.00 in any one calendar year is a rule which has its application outside of a meeting context, and thus cannot be suspended so as to permit the adoption of a motion to make a contribution in excess of the specified amount. (Such a rule can, however, be rescinded or amended; see 35.) Likewise, the rules cannot be suspended in order to permit postponement of a motion to a future session that will be held after the next regular business session or that will be held after more than a quarterly time interval has elapsed.
25:14 Rules Whose Suspension Requires a Two-Thirds Vote. The rules of order of a society, as contained in the manual established by the bylaws as the parliamentary authority, or as included in any special rules of order adopted by the organization (see 2), are rules of parliamentary procedure, the suspension of which requires a two-thirds vote. Some societies call all their rules “standing rules.” But by whatever name a rule is called, if it relates to parliamentary procedure, it requires a two-thirds vote for its suspension.
25:15 Rules That Can Be Suspended by a Majority Vote. An ordinary10 standing rule, as the term is used in this book, is a rule that does not relate to parliamentary procedure as such and refers, for example, to such matters as the use of recording devices at meetings (see 2:23). Standing rules can be suspended by a majority vote. Through an incidental main motion adopted by a majority vote, a standing rule can be suspended for the duration of the current session.
25:16 Suspension of Rules by Unanimous Consent. Frequently, when the matter is clearly not controversial, time may be saved by asking unanimous consent rather than by making a formal motion to suspend the rules. A member who has obtained the floor can say, for example, “Madam President, I ask unanimous consent to offer the courtesy resolutions before we receive the report of the special committee.” The chair then asks if anyone objects and, if so, proceeds to take a vote on suspending the rules, just as if a formal motion had been made.
25:17 The usual form of this motion is:
MEMBER A (obtaining the floor): I move that the rules be suspended [or “to suspend the rules”] which interfere with… [stating the object of the suspension]. (Second.)
Or:
MEMBER A (obtaining the floor): I move to suspend the rules and take up… (Second.)
25:18 When the object is to adopt a motion without debate or amendment, the form is:
MEMBER A (obtaining the floor): I move to suspend the rules and adopt [or “agree to”] the following resolution: “Resolved, That…” (Second.)
25:19 A member moving to suspend the rules can briefly give sufficient information to enable the members to vote intelligently on his undebatable motion. (For the manner of taking a two-thirds vote, see 4:38–39 and provisions (d), (e), and (g) in 4:49.) In announcing an affirmative result, the chair says, for example,
CHAIR: There are two thirds in the affirmative and the rules are suspended for the purpose of… The chair recognizes Mrs. Watkins.
25:20 If such a motion does not receive the required two-thirds vote, the main motion can be taken up only in the normal way.
26:1 The purpose of an Objection to the Consideration of a Question is to enable the assembly to avoid a particular original main motion altogether when it believes it would be strongly undesirable for the motion even to come before the assembly.
26:2 An Objection to the Consideration of a Question:
1. Takes precedence over original main motions and over an unstated subsidiary motion except Lay on the Table. The objection can be raised only before there has been any debate or any subsidiary motion except Lay on the Table has been stated by the chair; thereafter, consideration of the main question has begun and it is too late to object. It does not take precedence over any pending subsidiary motion. It yields to the motion to Lay on the Table, to all privileged motions, and to incidental motions arising out of itself.
2. Can be applied to original main motions (10:3) and to petitions and communications that are not from a superior body. It cannot be applied to incidental main motions. No subsidiary motion can be applied to it alone, but while it is pending the main question can be laid on the table, and the objection then goes to the table with the main question.
3. Is in order when another has the floor, until consideration of the question has begun, as indicated in Standard Characteristic 1, above.
4. Does not require a second.
5. Is not debatable. (But see 43:31–32 regarding allowable explanation of an undebatable motion.)
6. Is not amendable.
7. A two-thirds vote against consideration is required to sustain the objection.
8. A negative vote—that is, a vote sustaining the objection—can be reconsidered, but not an affirmative vote.
26:3 Resemblance to Point of Order. An Objection to the Consideration of a Question is similar in some ways to a Point of Order. The presiding officer, on his own initiative, can submit his objection of this kind to a vote, just as he can raise a question of order on his own accord. An Objection to the Consideration of a Question is not used if a main motion is outside the society’s objects as defined in the bylaws or constitution, or outside the announced purpose for which a mass meeting has been called; such a motion is not in order unless the assembly by a two-thirds vote in the affirmative authorizes its introduction (10:26(2)).
26:4 Difference from Objection in Other Context. Objection to the Consideration of a Question should not be confused with an objection to a request for unanimous consent (see 4:58–63).
26:5 Effect of the Objection. If an objection to consideration is sustained, the main motion is dismissed for that session and cannot be renewed during the same session except by unanimous consent or by reconsideration of the vote on the objection. If the objection is not sustained, consideration of the main motion proceeds as if no objection had been made. Even if the objection is sustained, the same main motion can be introduced at any succeeding session.
26:6 Reconsideration of a Vote That Has Sustained the Objection. As noted in Standard Characteristic 8, a vote sustaining an objection to consideration can be reconsidered. The motion to reconsider such a vote is undebatable and requires a majority vote for its adoption, and it can be taken up or called up only when no other motion is pending. If the motion to Reconsider is adopted, it is also presumed to have overturned the objection, and the chair immediately states the question on the main motion whose consideration had been objected to, without again putting the objection to a vote. (The reason for this abbreviated procedure is that only the members who wish to consider the main question would vote to reconsider the objection to its consideration; consequently, if a majority have voted for reconsideration of the objection, this implies that there are less than two thirds who wish to prevent consideration of the main question.)
26:7 Manner of Putting the Question. When the objection is put to a vote in its correct form (see Form and Example, below), members are asked to vote for or against consideration of the question objected to (not for or against sustaining the objection). Therefore, those who wish to prevent consideration of the question vote in the negative. The objection is sustained if there are at least twice as many negative as affirmative votes.
26:8 A member rises, even if another has been assigned the floor, and without waiting to be recognized, addresses the chair as follows:
MEMBER A: Mr. President, I object to the consideration of the question [or “resolution,” “motion,” etc.].
The chair responds:
CHAIR: The consideration of the question is objected to. Shall the question be considered? Those in favor of considering it, rise.… Be seated. Those opposed to considering the question, rise.… Be seated. There are two thirds opposed and the question will not be considered.
Or, if the objection is not sustained, the announcement of the vote may be worded as follows:
CHAIR: There are less than two thirds opposed and the objection is not sustained. The question is on the resolution, “Resolved, That…”
26:9 In putting the objection to vote, the chair must be careful not to say, “Shall the objection be sustained?” This would reverse the effect of affirmative and negative votes and might cause confusion.
27:1 When a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition if the others are removed, the parts can be separated to be considered and voted on as if they were distinct questions—by adoption of the motion for Division of a Question (or “to divide the question”).
27:2 There are also certain motions which must be divided on the demand of a single member, in which case a formal motion to divide is not used (see 27:10–11). The eight characteristics below apply only to the incidental motion for Division of a Question.
27:3 The incidental motion for Division of a Question:
1. Takes precedence over the main motion and over the subsidiary motion to Postpone Indefinitely. If applied to an amendment, it also takes precedence over that amendment; but a motion to divide the main question cannot be made while an amendment to the main question is pending. It yields to all subsidiary motions except Postpone Indefinitely, Amend, and Limit or Extend Limits of Debate; to all privileged motions; and to all applicable incidental motions. Although it is preferable to divide a question when it is first introduced, a motion to divide can be made at any time that the main motion, an amendment which it is proposed to divide, or the motion to Postpone Indefinitely is immediately pending—even after the Previous Question has been ordered.
2. Can be applied to main motions and their amendments, if they are susceptible to division (see below). No subsidiary motion can be applied to it alone except Amend and (for the purpose of stopping its amendment) the Previous Question; but while it is pending the main question can be committed, postponed, or laid on the table, and it then undergoes the same process with the main question.
3. Is out of order when another has the floor.
4. Must be seconded.
5. Is not debatable. (But see 43:31–32 regarding allowable explanation of an undebatable motion.)
6. Is amendable.
7. Requires a majority vote.
8. Cannot be reconsidered.
27:4 Specification of the Manner in Which the Question Is to Be Divided. The motion to divide must clearly state the manner in which the question is to be divided. While the motion to divide is pending, another member can propose a different division by moving an amendment. If several different proposals are made, they are treated as filling blanks; that is, they are voted on in the order in which they were proposed unless they suggest different numbers of questions, in which case the largest number is voted on first (12:92–113). Usually, however, little formality is involved in dividing a question, and it is arranged by unanimous consent.
27:5 Motions That Cannot Be Divided. A motion cannot be divided unless each part presents a proper question for the assembly to act upon if none of the other parts is adopted, and unless the effect of adopting all of the parts will be exactly the same—no more, no less—as adoption of the compound main question. Thus, if it is moved to establish a committee and give it instructions, this motion is indivisible because, should the part establishing the committee fail, the part giving the committee instructions would be absurd. Similarly, if a single motion proposes a series of amendments to something previously adopted (35)—existing bylaws, for example—and all of the individual amendments must be made, if any one of them is made, in order for the document being amended to be coherent, then the motion cannot be divided. For the same reason, multiple conforming amendments to a pending motion, as described in 12:15, cannot be divided.
27:6 Another type of motion that cannot be divided is one whose parts are not easily separated. The division cannot require a rewriting of the resolution beyond an essentially mechanical separation of it into the required parts. If possible, the division should be carried out by no more than a renumbering of phrases or clauses, prefacing each part with the formal word(s), “That,” “Resolved, That,” or “Ordered, That,” dropping conjunctions where necessary, or replacing pronouns with the nouns for which they stand, with or without the definite article “the,” as required. Depending on how the compound main motion or resolution is worded, however, it may sometimes be necessary to repeat words in more than one part which, in the main motion, appear only once and apply to more than one element of the proposed division. Also needed in this connection may be slight corrections in syntax or phrase structure in order to render each part as a complete grammatical sentence free of awkward wording. These adjustments are permissible provided care is taken to preserve exact logical equivalence of statement and no new language is introduced.
27:7 For example, suppose that the following resolution is pending: “Resolved, That the Society congratulate its member Ernest Dunn on his novel Crestwood, and that three copies be purchased for the Society’s library.” Suppose also that a member wishes to divide the question so as to consider the purchase of the books separately. The first divided part obviously would be, “Resolved, That the Society congratulate its member Ernest Dunn on his novel Crestwood.” The second part, with the wording adjusted no more than necessary to avoid awkwardness, would have to read, “Resolved, That three copies of the novel Crestwood by the Society’s member Ernest Dunn be purchased for the Society’s library.” The phrasing of the second part involves both types of modification described in the last three sentences of the preceding paragraph.
27:8 As indicated in this subsection, if separating the elements of action in a proposed resolution would require recasting the parts more than described above, the resolution cannot be divided.
27:9 Striking Out Part of an Indivisible Motion or Series of Motions. When a question is indivisible and a member is opposed to a portion of it, he can seek the desired result by moving to strike out (12) the part to which he is opposed. In like manner, when a series of resolutions is proposed as a substitute for another series, the substitute series is indivisible if the several resolutions are not completely parallel, but a motion can be made to strike out of the series any of the component resolutions before the vote is taken on whether to make the substitution.
27:10 Motions That Must Be Divided on Demand. Sometimes a series of independent resolutions or main motions dealing with different subjects is offered in one motion. In such a case, one or more of the several resolutions must receive separate consideration and vote at the request of a single member, and the motion for Division of a Question is not used. Such a demand (which should not be confused with a demand for a division of the assembly—that is, for a rising vote) can be made even when another has the floor, as in, “Mr. President, I call for a separate vote on Resolution No. 3.” This demand must be asserted before the question on adopting the series has actually been put to vote.
27:11 Similarly, a series of amendments to a pending main motion (or to a lengthy primary amendment, such as a substitute) may be offered in one motion. Unless these amendments meet the standard for conforming amendments given in 12:15, any member may demand a separate vote on one or more of them. After the others have been voted on together, the amendment(s) on which separate votes were requested are disposed of.
27:12 Referring to the example relating to Ernest Dunn’s novel Crestwood in 27:7, a motion to divide the question may be made either by stating the proposed parts in their entirety or by using a shorter description of how the division is to be made, if it is perfectly clear.
27:13 In the first instance, the motion would be made thus:
MEMBER A (obtaining the floor): Madam President, I move to divide the resolution into two parts as follows: [repeating them as shown in the example in 27:7]. (Second.)
The question as to whether to divide the resolution is voted on first. In this case, the chair would doubtless use unanimous consent.
27:14 Under the shorter form of the motion, it may be made instead as follows:
MEMBER A (obtaining the floor): Madam President, I move to divide the resolution so as to consider separately the question of purchasing the books. [Or, “… so that the question of purchasing the books be considered separately.”] (Second.)
The procedure is then the same as in the first case.
27:15 If the motion for the division prevails, the chair states each of the separated resolutions in full as it is considered.
28:1 A report or long motion consisting of a series of resolutions, paragraphs, articles, or sections that are not totally separate questions can be considered by opening the different parts to debate and amendment separately, without a division of the question. If the chair does not follow such a course of his own accord and the assembly wishes to do so, the procedure can be ordered by adopting a motion to Consider by Paragraph (or to Consider Seriatim). Several distinct main motions on different subjects cannot be considered seriatim if a single member objects.
28:2 The incidental motion for Consideration by Paragraph or Seriatim:
1. Takes precedence over the main motion and over the subsidiary motion to Postpone Indefinitely. If applied to an amendment, it also takes precedence over that amendment; but it cannot be applied to the main question while an amendment to the main question is pending. It yields to all subsidiary motions except Postpone Indefinitely, Amend, and Limit or Extend Limits of Debate; to all privileged motions; and to all applicable incidental motions.
2. Can be applied to main motions and amendments of such length and structure that the method is appropriate. No subsidiary motion can be applied to it alone except Amend and (for the purpose of stopping its amendment) the Previous Question; but while it is pending the main question can be committed, postponed, or laid on the table, and it then undergoes the same process with the main question.
3. Is out of order when another has the floor.
4. Must be seconded.
5. Is not debatable. (But see 43:31–32 regarding allowable explanation of an undebatable motion.)
6. Is amendable.
7. Requires a majority vote.
8. Cannot be reconsidered.
28:3 Effect of Consideration by Paragraph. The effect of considering a document by paragraph or seriatim is as follows: If a member exhausts his right to debate under the usual rules on one part, his right to debate begins over again as each succeeding part is opened to debate and amendment; yet no vote on adoption is taken until there has been opportunity to perfect all the parts by amendment. Keeping all subdivisions of the series open until one final vote avoids the possibility of complications which would result—especially in the case of bylaws—if amendments to later paragraphs necessitated changes in others that had already been adopted.
28:4 Cases in Which the Chair Normally Applies the Method. In adopting a set of bylaws or the articles of a platform, consideration by paragraph is the normal and advisable procedure, followed as a matter of course unless the assembly votes to do otherwise. The chair, on his own initiative, can apply this method to any elaborate proposition susceptible to such treatment, unless he thinks the assembly wishes to act on the question as a whole; or the manner of consideration can be settled by unanimous consent. Should the chair neglect this, a member can move “that the resolution be considered by paragraph” (or “seriatim”).
28:5 Motion to Consider as a Whole. If the chair suggests consideration by paragraph and a member feels that time could be saved by acting on it as a whole, the member can move “that it be considered as a whole.” This motion is governed by standard descriptive characteristics identical to those for Consideration by Paragraph or Seriatim.
28:6 Procedure for Consideration by Paragraph. The procedure in considering by paragraph or seriatim is as follows: The member who moved the adoption of the document, the secretary, or the presiding officer (as the chair may decide) reads the first subdivision, and it is explained by its proponent. The chair then asks, “Is there any debate or amendment to this paragraph [or “section,” etc.]?” When there is no further debate or amendment to the first paragraph, each succeeding one is taken up. Amendments are voted on as they arise, but no paragraph as amended is acted upon (as to final adoption or rejection) at that time. After all parts have been considered, the chair opens the entire document to amendment. At this time additional parts can be inserted, or parts can be struck out, or any one of them can be further amended. It is not necessary to amend the numbers of articles, sections, or other subdivisions. It is the duty of the secretary to make all such corrections where they become necessary (see 57:18–19).
28:7 If there is a preamble, it is treated in the same way before the final vote. Then the entire document is acted upon in a single vote. If the Previous Question is ordered before the preamble has been considered, it does not apply to the preamble unless expressly so stated.
28:8 Application of Subsidiary and Incidental Motions During Consideration by Paragraph. During the consideration of the separate paragraphs, any motion to Postpone Indefinitely, Commit, Postpone, or Lay on the Table can apply only to the entire series or proposition. If a motion to Postpone Indefinitely is made under these circumstances, it is stated by the chair, but is not debated or voted on until the paragraph-by-paragraph phase of consideration is completed and the entire document has been declared open to amendment. This rule is a consequence of two characteristics of the motion to Postpone Indefinitely—that amendments take precedence over it, and that while it is pending the entire main question is open to debate. Motions to Commit, Postpone (definitely), or Lay on the Table, on the other hand, are taken up as they arise; and, if adopted, they affect the entire main question immediately. If or when the main question comes before the assembly again later, the consideration by paragraph or seriatim is resumed at the point where it was interrupted. The Previous Question and Limit or Extend Limits of Debate can be applied to amendments or to the entire document but not to the individual paragraphs.
28:9 If it has been decided to consider divisible material seriatim, even if the material was divisible on the demand of a single member, it is too late to move or demand a division of the question.
28:10 When the chair does not initiate seriatim consideration, this form can be used:
MEMBER A (obtaining the floor): Mr. President, I move that the resolution [or “the platform,” etc.] be considered by paragraph [or “seriatim”]. (Second.)
28:11 If the chair suggests consideration by paragraph and a member feels that the proposition could be acted upon as a whole, this form may be used:
29:1 Whenever a member doubts the result of a voice (viva-voce) vote or a vote by show of hands—either because the result appears close or because he doubts that a representative number of the members present have voted—he can call for a Division of the Assembly, thereby requiring the vote to be taken again by rising.11
29:2 A voice vote retaken by a show of hands is not a Division of the Assembly, since in large assemblies it may be less accurate than a rising vote, and since—even in a small meeting—the rising vote may be more effective in causing a maximum number of members to vote.
29:3 On an inconclusive voice vote in a very small meeting where all present can clearly see one another, if, instead of calling for a Division, a member asks for a show of hands, this is in the nature of a request, and the chair can retake the vote by this method unless a call for a Division is also made. Before or after the vote is thus retaken, however, any member still has the right to demand a Division if he believes it will obtain a more conclusive result.
29:4 A Division of the Assembly:
1. Takes precedence over any motion on which a vote is being taken or has just been taken. It may be called for from the moment the negative votes have been cast until the announcement of the result is complete, or immediately thereafter (see 45:9). It does not yield to any motion.
2. Can be applied to any motion on which the assembly is called upon to vote by voice or by a show of hands. No subsidiary motion can be applied to it.
3. Is in order when another has the floor and is called for without obtaining the floor.
4. Does not require a second.
5. Is not debatable.
6. Is not amendable.
7. Does not require a vote, since a single member can demand a division.
8. Cannot be reconsidered.
29:5 Procedure for Retaking a Vote. When a Division is demanded, the chair immediately takes the vote again, first by having the affirmative rise, then by having the negative rise. If it appears to the chair, when those in the affirmative rise, that the vote will be close, he can count the vote or order it to be counted. If a member desires the vote on the division to be counted, he must make a motion to that effect, which requires a majority vote (see 4:53; 30; 45:14).
29:6 Vote Retaken at Chair’s Initiative. The chair has the responsibility of obtaining a correct expression of the will of the assembly. If he is uncertain of the result of a vote or if he feels that the vote is unrepresentative, the chair can of his own accord take the vote again by a rising vote.
29:7 Dilatory Use. When it is clear that there has been a full vote and there can be no reasonable doubt as to which side is in the majority, a call for a Division is dilatory, and the chair should not allow the individual member’s right of demanding a Division to be abused to the annoyance of the assembly.
29:8 While, or immediately after, the chair announces the result of a vote, “The ayes [or “noes”] have it and…,” a member can call for a division from his seat, without obtaining the floor:
MEMBER: Division!
Or:
MEMBER: I call for [or “demand”] a division.
Or:
MEMBER: I doubt the result of the vote.
To such a call in any of these forms, the chair responds:
CHAIR: A division is called for [or “demanded”].
The chair then proceeds to take the rising vote, as shown in 4:38.
30:1 The object of motions relating to methods of voting and the polls is to obtain a vote on a question in some form other than by voice, by show of hands, or by Division (rising); or to otherwise direct how and when voting is to be conducted. This category includes motions that the vote be taken by ballot, that it be taken by roll call (the yeas and nays), that a standing vote be counted (tellers), or that the vote be taken by an unusual method such as the use of black and white balls or a signed ballot (see 45:46). This category also includes motions relating to the conduct of a vote, such as those closing or reopening the polls, or ordering a recapitulation of a roll-call vote (see 45:51) or a recount (see 45:41).
30:2 A motion in this category is an incidental motion—and subject to the rules given here—only when a motion or election is pending or the vote on it has just been taken or announced; otherwise, it is an incidental main motion.
30:3 Incidental motions relating to methods of voting and the polls:
1. Take precedence over the motion being voted on or to be voted on. When applied to a vote which has just been taken, they can be moved from the moment the chair has reported the vote (see 4:43(1)) until the announcement of the result is complete, or immediately thereafter (see 45:9). They can be moved while an order for the Previous Question is in effect on the votes to which they apply. They yield to the privileged motions, and to a motion to Lay on the Table moved while the question to which they are applied is pending.
2. Can be applied to any motion on which the assembly is called upon to vote other than another motion relating to the method of voting, or a motion to close or reopen the polls.12 No subsidiary motion can be applied to them except Amend.13
3. Are out of order when another has the floor; but, within the time limits specified in Standard Characteristic 1 above, a member can claim preference in being recognized for the purpose of making one of these motions when applied to a vote that has just been taken.
4. Must be seconded.
5. Are not debatable. (But see 43:31–32 regarding allowable explanation of an undebatable motion.)
6. Are amendable.
7. Require a majority vote, except a motion to close the polls, which requires a two-thirds vote.
8. The vote on a motion ordering that the polls be closed or reopened at a specified time can be reconsidered at any time before the order has been carried out. Otherwise, neither a vote to close the polls nor an affirmative vote to reopen the polls can be reconsidered; the same effect can be obtained by renewal or by the opposite motion. A negative vote on a motion to reopen the polls can be reconsidered within the period during which a motion to reopen the polls could be made originally. Other motions relating to methods of voting can be reconsidered.
30:4 Methods of Voting. In practice, the method of taking a vote usually can be agreed upon informally. But when different methods are suggested, they are usually treated not as amendments but as filling blanks, the vote normally being taken first on the one taking the most time. (For ways of voting, see 4:34–56; 45.)
30:5 A member who believes that a secret vote will give a truer expression of the assembly’s will on a pending motion can move that the vote on the motion be taken by ballot. An order that the vote on a main motion be taken by ballot also applies to a vote on whether to postpone the main motion indefinitely. (See also Roll-Call Vote, 45:45ff.)
30:6 Retaking a Vote. As explained in 4 (see 4:34–56) and 45 (see 45:11), the regular methods of initially taking a vote are by voice (viva voce), by rising (division), or by show of hands—the latter two of which may also be called for by any member as a means of verifying an inconclusive vote that has just been taken (see 29)—and the chair may order that a vote be counted or that an uncounted vote be retaken as a counted vote. After a question has been voted on in any of these ways, and within the time specified in Standard Characteristic 1 above, the assembly can still order that the vote be taken again by some method other than any of the regular ones (see Other Methods of Voting, 45:17ff.) or that an uncounted vote be retaken as a counted vote. But after a vote has been taken by one of those other methods, or after the assembly has ordered that a counted vote be taken, it is not in order to move that the vote be taken again. It is never in order to move that the vote on a question be taken a second time by the same method.
30:7 Exhaustion of an Order Prescribing the Method of Voting. If the method of voting on a motion is ordered by the assembly (and not prescribed by the assembly’s rules), such an order is exhausted (1) when the question on which it was imposed has been finally disposed of, or (2) at the conclusion of the session in which the order has been adopted—whichever occurs first. If, after such an order is exhausted, the motion to which it previously applied comes to a vote (for example, during reconsideration or at a subsequent session), the order is no longer in effect. Notwithstanding the exhaustion of this order, however, a motion which has been voted on by ballot must also be voted on by ballot during any reconsideration of it, since no action is in order that would force the disclosure of a member’s vote or views on the matter (see 45:21). Likewise, if the assembly adjourns after balloting for an office has begun but before the election to that office is complete (46:44–45), any additional votes needed to complete the election must also be taken by ballot, even if they are taken at a subsequent session.
30:8 Closing or Reopening the Polls. Motions relating to opening and closing the polls are applicable only with respect to ballot votes. It is usually better to leave it to the chair to close the polls. When the vote is taken by ballot, as soon as the chair thinks that all have voted who wish to, he inquires if all have voted. If there is no response, he declares the polls closed, and the tellers proceed to count the vote.
30:9 If a motion is made to close the polls when the voting has closed naturally, the chair can treat the motion as a unanimous-consent request and declare the polls closed. In any case, a formal motion to close the polls may not be recognized until all have presumably voted. Like motions relating to the close of debate or nominations, the motion to close the polls requires a two-thirds vote.
30:10 If members enter afterward and it is desired to reopen the polls, this can be done by a majority vote.
30:11 The time at which the polls shall be closed or reopened can be specified in the motion, or added by amendment.
31:1 While an election is pending, a member may wish to offer a motion to determine the method of making nominations14 (when it is not prescribed in the bylaws or rules of order). Members also may wish to offer motions to close or reopen nominations.
31:2 Incidental motions relating to nominations:
1. Take precedence over the pending election for which nominations are to be made. They yield to the privileged motions, and to the motion to Lay on the Table.
2. Apply to any pending election. No subsidiary motion except Amend15 can be applied to them.
3. Are out of order when another has the floor or any member is attempting to make a nomination.
4. Must be seconded.
5. Are not debatable. (But see 43:31–32 regarding allowable explanation of an undebatable motion.)
6. Are amendable.
7. Require a majority vote, except a motion to close nominations, which requires a two-thirds vote because (a) its adoption deprives members of a basic right—to nominate; and (b) the assembly must be protected against attempted abuse of the power to close nominations by a temporary majority.
8. Can be reconsidered, except the motion to close nominations, or an affirmative vote on a motion to reopen nominations. (In the latter cases, the same effect can be obtained by renewal or by the opposite motion.)
31:3 Motions to Prescribe Methods of Nominating. If no method of making nominations is designated by the bylaws or rules and the assembly has adopted no order on the subject, anyone can make a motion prescribing the method of nomination for an office to be filled. When different methods are proposed, they can be moved as amendments, but are frequently treated as filling blanks (12:92–113). In that event, the vote is taken on the various suggested methods of nominating, in this order: (a) by the chair; (b) from the floor (sometimes called “open nominations”); (c) by a committee; (d) by ballot; (e) by mail; and (f) by petition (see 46). It should be noted that not all of these methods are appropriate or desirable in average societies.
31:4 Motions to Close or Reopen Nominations. In the average society, a motion to close nominations is not a necessary part of the election procedure and it should not generally be moved. When nominations have been made by a committee or from the floor, the chair inquires whether there are any further nominations; and when there is no response, he declares that nominations are closed. In very large bodies, the formality of a motion to close nominations is sometimes allowed, but this motion is not in order until a reasonable opportunity to make nominations has been given; as noted above, it is out of order if a member is rising, addressing the chair, or otherwise attempting to make a nomination, and it always requires a two-thirds vote. When no one wishes to make a further nomination, the motion serves no useful purpose.
31:5 A legitimate use of the motion to close nominations would be, for example, to end delay of an election by numbers of nominations obviously intended only to honor persons who have no chance of being elected.
31:6 When for any reason it is desired to reopen nominations, this can be done by a majority vote. The closing of nominations—whether or not a formal motion to close them has been adopted—does not limit the making of further nominations at a later session at which the election is held (see also 46:6).
31:7 The time at which nominations shall be closed or reopened can be specified in the motion, or added by amendment.
32:1 Occasionally the bylaws of a society may impose specific duties on members beyond the mere payment of dues. Members may be obligated to attend a certain number of meetings, to prepare talks or papers, to serve on committees, or even to accept office if elected. In these cases, a member cannot, as a matter of right, decline such a duty or demand that he or she be excused from it, but the assembly—except as the bylaws may provide otherwise—can grant the member’s request to be so excused. The request can be granted by unanimous consent, or a motion to grant it, which is debatable and amendable, can be offered.
32:2 A Request to Be Excused from a Duty:
1. Takes precedence over any motion with whose purpose it is connected and can also be made at any time when no question is pending. A motion on a request that is pending yields to all subsidiary motions except Postpone Indefinitely, to all privileged motions, and to other incidental motions.
2. Can be applied in reference to any motion or parliamentary situation out of which it arises. All subsidiary motions except Postpone Indefinitely can be applied to it.
3. Is in order when another has the floor if it requires immediate attention.
4. Does not require a second except when moved formally by the maker of the request. A motion to grant the request of another member does not require a second since the maker of the request and the maker of the motion—two members—wish the question to be considered.
5. Is debatable.
6. Is amendable.
7. Requires a majority vote, but is frequently settled by unanimous consent.
8. Where the member requesting to be excused from a duty has learned of the action taken on his or her request, only a negative vote can be reconsidered.
32:3 If a duty is not compulsory, a member can decline when he is first named to it or, if absent at that time, when he first learns of his election or appointment. At times other than during a meeting, such a notice of declination can be addressed to the secretary or to the appointing power. Since in these cases the duty is not compulsory, no motion to excuse the member is necessary.
32:4 A member who remains silent when presumably aware that he has been named to a duty is regarded as accepting, and he thereby places himself under the same obligations as if he had expressly accepted.
32:5 If a member who has accepted an office, committee assignment, or other duty finds that he is unable to perform it, he should submit his resignation. A resignation is submitted in writing, addressed to the secretary or appointing power; alternatively, it may be submitted during a meeting either orally or in writing.16 By submitting a resignation, the member is, in effect, requesting to be excused from a duty. The chair, on reading or announcing the resignation, can assume a motion “that the resignation be accepted.”
32:6 The duties of a position must not be abandoned until a resignation has been accepted and becomes effective, or at least until there has been a reasonable opportunity for it to be accepted.
32:7 A request to be excused from a duty essential to the functioning of a society or assembly is a question of privilege affecting the organization of the assembly; and so also is the filling of a vacancy created by the acceptance of a resignation. In such cases, the assembly can proceed immediately to fill the vacancy, unless notice is required or other provision for filling vacancies is made in the bylaws. In the case of a resignation from office, unless the bylaws provide otherwise, the assembly cannot proceed to fill the vacancy immediately since notice is a requirement. But if a member is elected and declines, no notice is required to complete the election immediately or at the next meeting (see 46:46).
32:8 Resignation from Membership. A member in good standing with his dues paid cannot be compelled to continue his membership so that additional obligations are incurred. His resignation should be accepted immediately, and if it is not, he incurs no obligation after his resignation has been sent in, provided he does not avail himself of the privileges of membership. It is different with members who have not paid their dues up to the date of sending in their resignations. Until they have settled their dues, the society is under no obligation to accept their resignations, and thus additional amounts may become due. If their dues are not paid within a reasonable time, instead of accepting their resignations, the society may expel them. A resignation sent in to escape charges need not be accepted. The charges may be preferred, and the trial should proceed the same as if the resignation had not been sent in.
33:1 In connection with business in a meeting, members may wish to obtain information or to do or have something done that requires permission of the assembly. Any member can make the following types of inquiry or request: (a) Parliamentary Inquiry; (b) For Information; (c) For Permission (or Leave) to Withdraw or Modify a Motion; (d) To Read Papers; and (e) For Any Other Privilege.
33:2 With respect to the requests and inquiries growing out of the business of the assembly that are listed above, the following rules apply:
1. All take precedence over any motion with whose purpose they are connected, and can also be made at any time when no question is pending. A motion on a request that is pending yields to all privileged motions and to other incidental motions.
2. All can be applied in reference to any motion or parliamentary situation out of which they arise. No subsidiary motion can be applied to any of them.
3. All are in order when another has the floor if they require immediate attention.
4. A Parliamentary Inquiry and a Request for Information do not require a second. The other requests do not require a second, except when moved formally by the maker of the request. A motion to grant the request of another member does not require a second, since two members already wish the question to come up—the maker of the request and the maker of the motion.
5. All are not debatable, although they may be accompanied by brief explanations as necessary (cf. 43:31–32).
6. All are not amendable.
7. No vote is taken on a Parliamentary Inquiry and a Request for Information. The other requests require a majority vote in order to be granted, and are frequently settled by unanimous consent. When it is too late for renewal, unanimous consent is required to grant permission to withdraw a motion to Reconsider (37:10(b)), or to withdraw previous notice of a proposed motion requiring such notice (10:44–51).
8. A Parliamentary Inquiry and a Request for Information are not subject to reconsideration. The vote on a request For Permission to Modify a Motion, To Read Papers, and For Any Other Privilege can be reconsidered. On a request For Permission to Withdraw a Motion, only a negative vote can be reconsidered.
33:3 A. Parliamentary Inquiry. A Parliamentary Inquiry is a question directed to the presiding officer to obtain information on a matter of parliamentary law or the rules of the organization bearing on the business at hand. It is the chair’s duty to answer such questions when it may assist a member to make an appropriate motion, raise a proper point of order, or understand the parliamentary situation or the effect of a motion. The chair is not obliged to answer hypothetical questions.
33:4 In making an inquiry, the inquirer arises, and without obtaining the floor, addresses the chair as follows:
MEMBER A: Madam President, I rise to a parliamentary inquiry. [Or, “A parliamentary inquiry, please.”]
CHAIR: The member will state the inquiry.
MEMBER A: Is it in order at this time to move the previous question?
33:5 The chair’s reply to a parliamentary inquiry is not subject to an appeal, since it is an opinion, not a ruling. A member may act contrary to this opinion, however, and may appeal from a resulting adverse ruling by the chair. If an inquiry is made when another member has the floor and an immediate answer is not necessary, the chair can defer a reply until the floor has been yielded.
33:6 B. Request for Information. A Request for Information (also called a Point of Information) is a request directed to the chair, or through the chair to another officer or member, for information relevant to the business at hand but not related to parliamentary procedure.
33:7 It is treated like a parliamentary inquiry, as follows:
MEMBER A: Mr. President, I have a request for information. [Or, “A point of information, please.”]
CHAIR: The member will state his question.
MEMBER A: Will the convention delegates report at this meeting?
Or:
MEMBER A: This motion calls for a large expenditure. Will the Treasurer state the present balance?
33:8 If information is desired of a member who is speaking, the inquirer, upon rising, may use the following form instead:
MEMBER A: Madam President, will the member yield for a question?
Or:
MEMBER A: Mr. President, I would like to ask the gentleman [or “the member”] a question.
33:9 If the speaker consents to the interruption, the time consumed will be taken out of his allowed time. The chair therefore asks if the speaker is willing to be interrupted, and if he consents, directs the inquirer to proceed. Although the presiding officer generally remains silent during the ensuing exchange, the inquiry, the reply, and any resulting colloquy are made in the third person through the chair. To protect decorum, members are not allowed to carry on discussion directly with one another.
33:10 An inquiry of this kind may also be for the purpose of reminding a speaker of a point to be made in argument, or it may be intended to rebut his position; but it must always be put in the form of a question.
33:11 C. Request for Permission (or Leave) to Withdraw or Modify a Motion. Conditions for withdrawing or modifying a motion depend upon how soon the mover states his wish to withdraw or modify it. Permission for him to do so is required only after the motion to which it pertains has been stated by the chair as pending.
33:12 Before a motion has been stated by the chair, it is the property of its mover, who can withdraw it or modify it without asking the consent of anyone. Thus, in the brief interval between the making of a motion and the time when the chair places it before the assembly by stating it, the maker can withdraw it as follows:
MEMBER A (who made the motion): Madam President, I withdraw the motion.
Or:
MEMBER A (who made the motion): Mr. President, I wish to modify the motion by striking out “demand” and inserting “urge.”
In the same interval also, another member can ask if the maker of the motion is willing to withdraw it or accept a change in it, which suggestion the maker can either accept or reject. In such a case the chair either announces, “The motion has been withdrawn,” or states the question on the modified motion. If a motion is modified, the seconder can withdraw his second. When the seconder withdraws his second to the modified motion, the member who suggested the modification has, in effect, supplied a second.
33:13 After a motion has been stated by the chair, it belongs to the meeting as a whole, and the maker must request the assembly’s permission to withdraw or modify his own motion, according to the rules stated in Standard Characteristics 1–8, above. In such cases the procedure is as follows.
33:14 To withdraw a motion that is before the assembly, the member who made it may use this form:
MEMBER A (who made the motion): Madam President, I ask permission [or “leave”] to withdraw the motion.
33:15 The chair treats this first as a unanimous-consent request. That is, if no one objects, the announcement is:
CHAIR: Unless there is objection [pause] the motion is withdrawn.
If there is an objection, the chair of his own accord can put the question on granting the request, or any member can move “that permission to withdraw the motion be granted.” If a member other than the one making the request made the motion, it does not require a second, since the maker of the motion to grant permission and the maker of the request surely both favor it.
33:16 A request for permission to withdraw a motion, or a motion to grant such permission, can be made at any time before voting on the question has begun, even though the motion has been amended, and even though subsidiary or incidental motions may be pending. Any such motions that adhere to the main motion cease to be before the assembly and require no further disposition if the main motion is withdrawn. Any member can suggest that the maker of a motion ask permission to withdraw it, which the maker can do or decline to do, as he chooses.
33:17 After a question has been divided, one or more of the parts can be withdrawn without affecting the other parts. A motion to Reconsider (37), or a previous notice of a proposed motion requiring such notice (10:44–51), cannot be withdrawn after it is too late for renewal, unless unanimous consent is given.
33:18 After a motion has been withdrawn, the situation is as though it had never been made; therefore, the same motion can be made again at the same meeting.
33:19 To modify a motion after it has been stated by the chair, the maker asks permission to do so, as in the case of withdrawal of a motion. If there is no objection, the chair states the question on the modified motion. If anyone objects, the chair must then determine whether an amendment equivalent to the requested modification would be in order. If not, the modification may not be made unless a motion to suspend the rules is made and adopted. If a motion for such an amendment is in order, the chair can assume it or any member can move it formally. The amendment requires a second if moved by the member who originally made the request. The rules governing consideration of amendments are followed (see 12). A pending motion can be amended only by vote or unanimous consent of the assembly, even if the maker of the motion states that he “accepts” the amendment. (See also treatment of “friendly amendments,” 12:91.)
33:20 D. Request to Read Papers. If any member objects, a member has no right to read from—or to have the secretary read from—any paper or book as a part of his speech without permission of the assembly. This rule is a protection against the use of reading as a means of prolonging debate and delaying business. It is customary, however, to permit members to read short, pertinent, printed extracts in debate so long as they do not abuse the privilege. If a member wishes to do so, he can, while speaking in debate, say, “If there is no objection, I would like to read… [indicating the nature and length of the paper].” The member can then begin to read unless another member objects.17 In such a case, at any time until the speaker has finished reading, another member can interrupt him by an objection, which must be addressed to the chair. Or, if the speaker desiring to read prefers, he can formally request permission: “Mr. President, I ask permission to read a statement… [briefly describing it, as above]”; and the chair then asks if there is objection. In either case, if there is an objection, the chair can, of his own accord, put the question on granting permission, or any member can move “that permission to read a paper in debate be granted.” This motion requires no second unless moved by the member who made the request. Action of the assembly granting a request to read a paper can be reconsidered at any time until the reading has been concluded.
33:21 The foregoing paragraph applies only to papers or documents that are not before the assembly for action. When any paper is laid before the assembly for action, it is a right of every member that it be read once; and, if there is any debate or amendment, that it be read again before members are asked to vote on it. Except as just stated, no member has the right to have anything read without permission of the assembly. But whenever any member requests that a document that is before the assembly be read—obviously for information and not for delay—and no one objects, the chair normally should direct that it be read. If there is an objection, a majority vote is required to order that it be read. If a member was absent from the hall when the paper under consideration was read—even though absent on duty—he cannot insist on its being read again; in this case, the convenience of the assembly is more important than that of a single member.
33:22 E. Request for Any Other Privilege. When a member desires to make a request not covered by one of the four types explained above—as, for example, a request to address remarks or make a presentation while no motion is pending—he rises, addresses the chair, and, as soon as he catches the presiding officer’s attention, states his request. Although he does not have to wait for recognition and can make his request even though another member has been assigned the floor, he should never interrupt a member speaking unless sure that urgency justifies it. Generally, such matters are settled by unanimous consent or informally, but if there is an objection, a motion can be made to grant the request. If explanation is required, it can be requested or given, but this must not extend into debate. These requests should be treated so as to interrupt the proceedings as little as is consistent with the demands of justice.
1. There can be no appeal from a ruling on a point of order that is raised while an appeal is pending.
2. However, see 10:26(1) and the footnote there for exceptions.
3. It should be noted that the latter method of putting the question may often be the opposite of the first method in cases where the first method is applicable. Thus, in the example of a point of order that an amendment is not germane, as shown above, the question is put so that a vote of aye is a vote that the amendment is germane; but in that case, a vote of aye is a vote that the point is not well taken.
4. If the chair made a procedural error in declaring a motion adopted or lost, for example, in declaring that a motion which received a majority vote but not a two-thirds vote was adopted when a two-thirds vote was required under the rules, a point of order may be raised to that effect.
5. Regarding the suspendibility of rules in the nature of rules of order when placed within the bylaws (or constitution), see 2:21. Nothing in a corporate charter can be suspended unless the charter or applicable law so provides.
6. For the classes of rules that an organization or an assembly may adopt, see 2.
7. In contrast, the rules may be suspended to allow a nonmember to speak in debate.
8. An elected or appointed body that lacks the authority to determine its own quorum may not suspend the quorum requirement, even if all members are present.
9. This usage should be avoided.
10. In conventions, the term standing rule is used in a special sense that may include parliamentary rules adopted by the convention (see 59:27ff.).
11. In the earliest forms of this procedure, members in favor of a measure and those opposed were asked to rise from their seats and proceed to the opposite sides of the meeting hall—hence the name, “division.”
12. However, a motion to take a counted vote can be applied to any motion except to another motion to take a counted vote.
13. In principle, the Previous Question can also be applied to them to stop their amendment, though such a case will rarely arise in practice.
14. A motion prescribing the method of nominating is an incidental motion—and subject to the rules given here—only when the election is pending; otherwise, it is an incidental main motion (see 10).
15. See 30:3(2)n14, which also applies to these motions.
17. The procedure of presuming permission to read until objection is raised is applicable only in debate on a pending question.