210

A rollcall is valid where the number of Senators voting, in addition to those answering "Present" and those announcing pairs, and therefore not voting, make a quorum. A motion does not fail where the vote thereon is less than a quorum, but after the appearance of a quorum the vote is again taken (de novo) on the motion or pending question.212

211

Where less than a quorum votes on a rollcall, and no pairs sufficient to make a quorum are announced, the vote is invalid,213 and it is the practice of the Senate for the Presiding Officer to direct the roll to be called for the purpose of developing a quorum, 214 after which (a quorum present) another (de novo) vote is had upon the question at issue at the direction of the Chair.215

In one instance where less than a quorum voted on a question, and the Sergeant at Arms, pursuant to an order, was endeavoring to develop a quorum, an absent Senator appeared and voted, making a quorum.

216

Less than a quorum having voted on a motion for an executive session, unanimous consent is required, after the de

(Continued)

Record, pp. 3476, 3479; May 20 and 22, 1916, 64-1, Record, pp. 8372, 8429; Jan. 27, 1915, 63-3, Journal, p. 75, Record, p. 2404; Oct. 22, 1914, 63-2, Record, p. 16922; Sept. 25, 1914, 63-2, Record, pp. 15663, 15664, 15683, 15687; Sept. 18, 1914, 63-2, Record, p. 15338; Sept. 11, 1914, 63–2, Record, p. 14988; Sept. 8, 1914, 63-2, Journal, p. 503, Record, p. 14802; see also July 13, 1914, 63–2, Record, p. 12026; Mar. 1, 1923, 67–4, Journal, p. 216, Record, pp. 5003-04.

10 Jan. 14, 1938, 75-3, Record, pp. 511-14.

211 See May 20 and 22, 1916, 64–1, Record, pp. 8372, 8429.

212

Aug. 10, 1912, 62–2, Journal, pp. 530. 531, Record, pp. 10648, 10649; Aug. 29 and 31, 1914, 63-2, Record, pp. 14420, 14451-58; Jan. 21, 1913, 62-3, Record, p. 1832; Apr. 14 and 15, 1916, 64-1, Record, pp. 6134, 6187; Aug. 11 and 15, 1917, 65-1, Record, pp. 5978, 6042-44; see also Feb. 19 and 20, 1917, 64–2, Record, pp. 3616, 3665; Feb. 17 and 18, 1919, 65-3, Journal, p. 150, Record, pp. 3576, 3632. 213 May 20 and 22, 1916, 64-1, Record, pp. 8372, 8429; Oct. 3, 1913, 63–1, Record, pp. 5429, 5430; Apr. 17, 1968, 90-2, Record, pp. 9895-97; Oct. 22, 1965, 89-1, Record, pp. 28254–55; Aug. 21, 1970, 91-2, Record, p. 29753.

214 Apr. 9, 1888, 50-1, Journal, p. 630; Oct. 3, 1913, 63-1, Record, pp. 5429, 5430; May 8, 1888, 50-1, Journal, pp. 787, 788; July 15, 1942, 77-2, Record, p. 6191; Aug. 15, 1941, 77-1, Record, pp. 7174, 7175; Feb. 19 and 20, 1917, 64-2, Record, pp. 3616, 3665; Feb. 25, 1913, 62-3, Record, p. 3923; Sept. 7, 1888, 50-1, Journal, pp. 1395, 1396; Aug. 17, 1888, 50-1, Journal, p. 1305; Aug. 10, 1888, 50–1, Journal, p. 1266; Aug. 2, 1888, 50-1, Journal, p. 1234; July 27, 1888, 50-1, Journal, p. 1200; May 22, 1888, 50-1, Journal, p. 864; Jan. 14, 1938, 75-3, Record, pp. 511-13; Sept. 11, 1970, 91-2, Record, pp. 31394–95; Sept. 14, 1970, 91-2, Record, pp. 3150203; Aug. 24, 1970, 91–2, Record, pp. 29764–65; Aug. 21, 1970, 91–2, Record, p. 29753.

215

Jan. 14, 1938, 75-3, Record, pp. 511-13; Apr. 17, 1884, 48-1, Record, pp. 3042, 3052; May 13, 1884, 48–1, Record, p. 4105; Aug. 24, 1970, 91–2, Record, pp. 29764– 65; Sept. 14, 1970, 91-2, Record, pp. 31502-03; Apr. 17, 1968, 90-2, Record, pp. 9895-97; Oct. 22, 1965, 89-1, Record, pp. 28254-55.

214

May 21, 1935, 74–1, Journal, p. 365, Record, pp. 7942, 7943.

velopment of a quorum, to lay before the Senate a message from the President of the United States; the regular order is the calling of the roll a second time on the motion for an executive session.217

Vote on Question May Not Be Mixed:

See "Vote on Majority and Two-Thirds Votes Cannot Be Mixed," pp. 75, 899.

Vote Out of Order While Senator Seeks Floor:

It is not in order to take a vote on an amendment while a Senator is seeking recognition."

Vote Rescinded:

218

If recognition is sought at a time the Chair announces the result of a voice vote or division vote, the vote thereon will not be binding. See "Viva Voce Vote," pp. 909–910; “Division Vote," pp. 889-894.

Voting After Announcement Out of Order:

After the result of a vote has been announced, it is against the rules, or it is too late for a Senator to vote or to have his vote recorded,219 and under Rule XII, unanimous consent cannot be granted to record a Senator as voting after the result has been announced.220 It is not in order for the Presiding Officer to entertain such a unanimous consent request,221 and a motion to suspend the rule relative to voting

217 Dec. 23, 1914, 63-3, Record, p. 626.

218 Sept. 8, 1961, Record, p. 18738.

219 'Mar. 13, 1914, 63-2, Record, p. 4815; Mar. 3, 1905, 58-3, Record, p. 3937; June 10, 1912, 62–2, Record, p. 7908; Apr. 26, 1955, 84-1, Record, p. 5109; Dec. 11, 1950, 81-2, Record, p. 16402; June 26, 1950, 81-2, Record, p. 9178; May 7, 1947, 80-1, Record, p. 4676; May 7, 1945, 79-1, Record, pp. 4256, 4257; Dec. 11. 1941, 77-1, Record, p. 9653; Dec. 7, 1937, 75-3, Record, p. 987; Feb. 22, 1923, 67–4, Record, p. 4266; Feb. 22, 1923, 67-4, Record, p. 4266; Feb. 8, 1917, 64–2, Record, p. 2810; Sept. 4, 1890, 51-1, Record, p. 9645; June 10, 1884, 48-1, Record, p. 4951; Aug. 23, 1961, 87-1, Record, p. 16806; June 9, 1965, 89–1, Record, p. 13037; Nov. 13, 1969, 91-1, Record, p. 34029; May 27, 1965, 89-1, Record, p. 11913; see also Sept. 12, 1950, 81-2, Record, p. 14594; May 11, 1949, 81-1, Record, p. 6038; Mar. 14, 1958, 85-2, Record, pp. 4470–71; July 13, 1932, 72–1, Record, p. 15179; Dec. 15, 1969, 91-1, Record, pp. 39200-01.

220

Rule XII; Dec. 7, 1937, 75-3, Record, p. 987; June 10, 1933, 73-1, Record. p. 5578; May 27, 1965, 89-1, Record, p. 11913; Nov. 13, 1969, 91-1, Record, p. 34029; Feb. 21, 1973, 93–1, Record (daily), p. S3088; see also Aug. 19, 1960, 86–2, Record, p. 16777; Feb. 29, 1960, 86-2, Record, p. 3801; Mar. 20, 1933, 73–1, Record, p. 625.

221

Aug. 23, 1961, 87-1, Record, p. 16806; May 6, 1964, 88-2, Record, pp. 10200203; Feb. 20, 1861, 36-2, Record, p. 1049; Feb. 25, 1861, 36-2, Record, p. 1164;

to permit Senators to vote after the result has been announced is not in order.222

The failure of the electric bell system to notify Senators holding a committee meeting of a vote being taken in the Senate whereby certain Senators missed such vote does not invalidate the rollcall.223

If a Senator is present who did not vote, he may do so prior to the announcement of the decision.224

After announcement of the vote, where less than a quorum voted, it is not in order to call the names of those not voting upon their appearance in the Chamber to have their names recorded.225

A rollcall will be vacated where a Senator was attempting to get recognition for the purpose of voting at the time the result of the vote was announced by the Presiding Officer, 228

Where less than a quorum votes on a rollcall, and a call of the Senate is being had to determine the presence of a quorum, it is too late for a Senator who did not vote to have his name recorded on the original vote."

227

In one instance in 1935 where less than a quorum voted on a rollcall, a quorum call was ordered and a Senator entered the Chamber and voted, and the result was announced by the Vice President as carried.228

"Without Objection" Announcement of Approval:

Where the Presiding Officer announces that "without objection" an amendment is adopted, such an announcement is not binding when a Senator immediately thereafter rises and makes an objection,229 or the entering of an objection withholds agreement to the amendment, and a vote of the Senate is required.230

An announcement by the Presiding Officer in one instance that a resolution was adopted without objection was subse

Feb. 25, 1913, 62-3, Record, p. 3923; Feb. 19 and 20, 1917, 64-2, Record, pp. 3616, 3665; Oct. 3, 1913, 63-1, Record, pp. 5429, 5430.

228

Sept. 27, 1951, 82-1, Record, pp. 12210-11; see also June 22, 1932, 72-1, Record, p. 13666.

227 Dec. 18, 1912, 62-3, Record, pp. 832, 833.

Mar. 19, 1947, 80-1, Record, p. 2242; Apr. 22, 1949, 81-1, Record, p. 4938; Apr. 27, 1949, 81-1, Record, p. 5129.

quently withdrawn upon statements by Senators as to their misunderstanding of the request submitted.231

Again, the Vice President withdrew his announcement that a conference report had been agreed to without objection, when an objection appeared to be forthcoming to the report.2

232

Yeas and Nays:

The yeas and nays are in order on all questions upon a request of one-fifth of the Senators present, a quorum being present, as authorized by the Constitution. See "Ordering of the Yeas and Nays," pp. 899–904.

The yeas and nays may be ordered even though a voice vote has started but the results have not been announced.233 The yeas and nays are not in order after the result of a vote by another method has been announced,23* or after the announcement of the passage of the bill.235

When an amendment has been rejected (the Chair having announced the vote) on a division vote, a request for the yeas and nays is not in order."

236

At the end of a rollcall vote, after the recapitulation when Senators are delaying the announcement by inquiring how they are recorded, such procedure may be terminated by any Senator demanding the regular order even though he has not been recognized, and a demand for the regular order requires the Presiding Officer to announce the vote if there is no Senator on the floor who has not had the chance to vote and is seeking recognition to vote."

Yeas and Nays, Amendments in Order After Ordering:

See "Yeas and Nays Ordered on, Amendments in Order," pp.

81-82.

Yeas and Nays, Debate in Order After Ordering:

231

See "Rollcall Vote, Ordering Yeas and Nays Does Not Exclude
Debate," p. 453.

May 26, 1913, 63-1, Record, pp. 1743, 1744.

232 Jan. 2, 1951, 81-2, Record, p. 17090.

23 July 3, 1960, 86–2, Record, p. 15729; June 17, 1960, 86-2, Record, pp. 13077– 78; see also June 9, 1948, 80-2, Record, pp. 7589, 7594–95.

233

236

Mar. 23, 1948, 80-2, Record, p. 3288; Jan. 27, 1937, 75-1, Record, p. 498. Sept. 1, 1950, 81-2, Record, p. 14101; Aug. 16, 1958, 85-2, Record, p. 17979; see footnote 42, p. 892.

Yeas and Nays-Interruption Out of Order:

See "Interruption of a Rollcall Vote Out of Order,” pp. 895-898.

Yeas and Nays, Postponed by Unanimous Consent:

During a call of the yeas and nays, the vote was postponed by unanimous consent until the following day; under such circumstances a new rollcall would be had; a quorum call would be in order prior to the vote.

Yeas and Nays Rescinded:

238

Ordering of the yeas and nays may be rescinded by unanimous consent.239

Yeas and Nays, When Begin:

See "Interruption of a Rollcall Vote Out of Order,” pp. 895–898.

WASHINGTON'S FAREWELL ADDRESS

The Senate, on January 24, 1901, adopted an order providing for the reading of Washington's Farewell Address to the Senate on the 22d day of February of each year, as follows:

240

Ordered, That, unless otherwise directed, on the twenty-second day of February in each year, or if that day shall be on Sunday, then on the day following, immediately after the reading of the Journal, Washington's Farewell Address shall be read to the Senate by a Senator to be designated for the purpose by the Presiding Officer; and that thereafter the Senate will proceed with its ordinary business.

The Senate having met on the calendar day of February 22, 1918, after a recess, the Vice President decided that, notwithstanding the operation of a unanimous consent agreement to vote on the legislative day of February 21 on the passage of a bill, it was in order to read Washington's Farewell Address pursuant to the order of 1901.211

The procedure usually utilized each year in naming a Senator to read the address is illustrated below.

239 See July 20, 1945, 79-1, Record, p. 7870.

239 June 9, 1965, 89-1, Record, p. 13063.

240 Jan. 24, 1901, 56–2, Journal, p. 103, Record, p. 1385.

241 Feb. 22, 1918, 65-2, Record, p. 2485.