In 1934, the Committee on Privileges and Elections, after hearings and consideration of the petitions and memorials referred to it concerning the right of Huey P. Long to a seat in the Senate, from the State of Louisiana, reported that no further action in the matter was warranted, and the committee, upon motion, was thereupon discharged.32

A resolution, coming over from a previous day, proposing to discharge a committee from a bill and that the Senate proceed to its consideration, upon a point of order being made, is not in order and cannot be modified, except by unanimous consent; the remedy would be to introduce a new resolution.33

DISORDERLY LANGUAGE

See "Disorderly Language, Use of, in Debate, and Restrictions on," pp. 402-406.

DISPLACEMENT OF PENDING BUSINESS

See "Displacement of Pending or Unfinished Business," pp. 340–

345.

DIVISION OF PENDING QUESTION

See also "Division of Question," pp. 37-39; "Action for Appointing Conferees," pp. 285–290.

Rule XVIII

[Amendments-Division of a Question]

If the question in debate contains several propositions, any Senator may have the same divided, except a motion to strike out and insert, which shall not be divided; but the rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition; nor shall it prevent a motion simply to strike out; nor shall the rejection of a motion to strike out prevent a motion to strike out and insert. But pending a motion to strike out and insert, the part to be stricken out and the part to be inserted shall each be regarded for the purpose of amendment as a question; and motions to amend the part to be stricken out shall have precedence.

32

June 16, 1934, 73–2, Journal, p. 597, Record, p. 12015.

Divisible Questions

Under Rule XVIII, if the question in debate contains several propositions, any Senator may have the same divided, except a motion to strike out and insert, which shall not be divided.1

Under the rules and precedents, any Senator on demand may have any question before the Senate divided, when it is susceptible of division, including resolutions, or amendments involving two or more parts, or an amendment containing two separate and distinct propositions or two separate unrelated subjects," or a motion to strike out two sections of a bill;" and such questions may be divided at the request of any Senator, even though the yeas and nays have been ordered thereon; however, a request for a division of a question is not in order except by unanimous consent until that question is pending before the Senate." When a question is divided, the consideration of each part and vote thereon come on the first part first, as amended if amended; or, if an amendment, in the order in which the whole amendment is printed, as amended if amended;' and then on the next part; 10 but the order for the consideration of each part and vote thereon could be changed by unanimous consent."

After a division is ordered on a proposal, amendments are in order to the first part and the Senate continues to work on the first part until it is finally disposed of; after which amendments would be in order to the second part and when no further amendments are offered, a vote would occur on the second part.12

1July 5, 1912, 62–2, Record, pp. 8657, 8658; Jan. 30, 1913, 62–3, Journal, p. 134; Nov. 30, 1971, 92-1, Record, pp. 43455-57, 43463; Jan. 18, 1967, 90-1, Record, p. 918; see May 19, 1971, 92-1, Record, p. 15962; June 15, 1967, 90-1, Record, pp. 16016-17.

'Nov. 19, 1970, 91-2, Record, pp. 38097, 38132-34; see May 21, 1968, 90-2, Record, pp. 14156-57.

*See June 22, 1967, 90–1, Record, pp. 16988, 16989, 16991–92.

See July 21, 1965, 89-1, Record, p. 17763.

Feb. 5, 1964, 88-2, Record, p. 2071; Aug. 8, 1962, 87-2, Record, pp. 15907, 15929; see also footnote 33, p. 459.

*Dec. 9, 1970, 91-2, Record, p. 40666.

7 See Mar. 6, 1968, 90-2, Record, pp. 5531-34.

• See May 21, 1968, 90-2, Record, pp. 14156–57.

Nov. 20, 1971, 92-1, Record, pp. 42532-35; June 15, 1967, 90–1, Record, p. 16115.

10 June 15, 1967, 90-1, Record, p. 16115; See Aug. 8, 1962, 87-2, Record, p. 15929.

11

Aug. 4, 1971, 92-1, Record, p. 29296: June 15, 1967, 90-1, Record, p. 16115. "Nov. 20, 1971, 92-1, Record, pp. 42532-35; Nov. 30, 1971, 92-1, Record, pp. 43455-57, 43463.

Where a joint resolution contains several titles, a vote on whether or not a title, after it has been amended, should be adopted or rejected is not in order.13

Final passage of a bill cannot be divided except by unanimous consent. Under Senate procedure, the final passage of a bill, with or without amendments, is accomplished by one vote, unless unanimous consent is granted to divide the issue.11

A bill or joint resolution which has been read the third time, and the question is put on its passage, is not susceptible of a division under the rule relating to division of amendments even though it contains several distinct and unrelated titles,15 but must be voted upon as a whole; 16 a single vote must be taken on its passage.'

17

A motion to disagree to House amendments and ask a conference is divisible upon demand. The question of disagreeing to House amendments en bloc is not divisible, but a motion to concur in such amendments with an amendment has precedence.'

18

Where two amendments are reported to a resolution and there is intervening original text, the amendments, under the rule, would be voted on separately.

19

A motion that the Senate recede from two amendments is susceptible of division, and upon demand should be divided.20

The question of the election of the chairmen of the standing committees and of the other members thereof is subject to a division upon demand of a Senator."

A Senate resolution consisting of two separate provisions is divisible."

22

If a resolution is divided, under Rule XVIII, into two parts, the first part would be voted upon first followed by a vote on the second part. If both parts were agreed to, neither part would be open to amendment. In the opinion of the Chair, an additional proviso would be in order at the end of the resolution.23

13

June 1, 1938, 75-3, Record, p. 7860.

See proceedings of May 10, 1973, 93-1, Record (daily), pp. S 8859, S 8871.

15 Feb. 16, 1932, 72-1, Record, pr. 4035-36; see also Nov. 10, 1954, 83-2, Record, p. 15945.

16 Feb. 14, 1899, 55-3, Record, p. 1846.

17 Feb. 16, 1932, 72–1, Record, pp. 4035-36.

18 Feb. 17, 1915, 63-3, Journal, p. 117, Record, pp. 3932-36.

19 Nov. 10, 1954, 83-2, Record, p. 15945.

20 Jan. 2, 1951, 81-2, Record, p. 17101.

"May 28, 1919, 66-1, Journal, p. 32, Record, pp. 314–327.

22 Mar. 23, 1942, 77-2, Record, p. 2791; June 15, 1967, 90-1, Record, pp. 16016-17.

3

A proposed unanimous consent agreement for final votes upon two bills on different days, having been submitted, the Presiding Officer held that, upon demand, the question was divisible.24

Under an order providing for the consideration in executive session of two nominations, a Senator may demand a separate vote on each nomination.25

The articles of treaties on different occasions have been voted on separately.26

A purported reservation to a treaty, against which a point of order was made that it was in fact a qualified resolution of ratification and not in der in the Committee of the Whole, was held to be in order as a reservation, but not susceptible of division for vote.27

An amendment to strike out and insert may not be divided. Under the rule, a motion to strike out and insert is one proposition and is indivisible and is not susceptible of division in any of its parts.28

Where a bill contains several titles, division of the question to get a separate vote on each title of the bill before final passage is not in order," but a motion to strike one of the titles before the third reading would be in order.30

After a rollcall has begun on a motion to recommit with instructions, it is not in order to demand a division of the question.

31

When a division of question is requested, the voting will occur on each part in the order in which the amendment is printed, unless otherwise ordered.32

Where the yeas and nays had been ordered on the amendment, prior to the division, a rollcall vote will be had on each branch thereof.33

When a division of a question has been made, a request for the yeas and nays on both parts is not in order except by unanimous consent, but the yeas and nays would be in order on the first part only."

23

Apr. 8, 1916, 64–1, Record, p. 5720.

Mar. 4, 1935, 74–1, Record, p. 2872.

34

Mar. 24, 1922, 67-2, Record, pp. 4486-96; Mar. 28, 1922, 67-2, Executive Journal, p. 623, Record, p. 4686.

"Nov. 18, 1919, 66–1, Record, p. 8743.

"Dec. 16, 1868, 40-3, Journal, p. 53; see Sept. 27, 1966, 89-2, Record, pp. 23931-32; July 27, 1964, 88-2, Record, p. 17043; Mar. 27, 1962, 87-2, Record. p. 5086; May 28. 1962, 87-2, Record, p. 9371.

See Sept. 25, 1967, 90-1, Record, pp. 26685-86.

20 Ibid.

"See May 19, 1952, 82-2, Record, p. 5426.

See May 19, 1971, 92–1, Record, p. 15962.

*June 14, 1958, 85-2, Record, pp. 11212-18; June 19, 1958, 85-2, Record, p. 11716.

34 July 8, 1970, 91-2, Record, p. 23291.

DIVISION VOTE

See "Division Vote," pp. 889-894.

DOCUMENTS

Reading of, decided without debate. See "Reading of Documents, Decided Without Debate," p. 428.

A motion to refer to a committee a document which has not been presented to the Senate and not in its possession is not in order.1

During the presentation of petitions and memorials, a motion to print a matter as a document is not in order upon objection.2

The Senate may order the printing of a document not provided for by law when it does not exceed 50 pages.'

ELECTORAL VOTE

The procedure for the electoral college count is determined by the Constitution and law.*

Pursuant to law, the electoral count occurs in joint session. of the two Houses on the sixth day of January succeeding every meeting of the electors. The procedure for such joint sessions is defined in Title 3 of the Code, sections 15-18.

At the conclusion of the count of the electoral vote for President and Vice President in 1885, the President pro tempore of the Senate, in making a declaration as to the result, announced it to be only a public statement-that he possessed no authority in law to declare any legal conclusion whatever.5

A concurrent resolution providing for the count of the electoral votes for President and Vice President in 1897 having been laid before the Senate, a question was raised that the words relating to the declaration of the election were unnecessary and not required by the Constitution."

1

4

1 Mar. 3, 1927, 69–2, Journal, pp. 268, 269, Record, pp. 5513-19, 5531. July 8, 1918, 65-2, Record, pp. 8840, 8841.

Aug. 5, 1937, 75–1, Record, p. 8253.

Jan. 6, 1969, 91-1, Record, pp. 197-98; 209, 210-11, 211–12, 223–24, 245, 246. Feb. 11, 1885, 48-2, Record, p. 1532.