Rule XX- Voting and Quorum Calls
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Absolute Voting Rules Adrian Vermeule
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2005 Absolute Voting Rules Adrian Vermeule Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Adrian Vermeule, "Absolute Voting Rules" (John M. Olin Program in Law and Economics Working Paper No. 257, 2005). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 257 (2D SERIES) Absolute Voting Rules Adrian Vermeule THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2005 This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html and at the Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=791724 Absolute Voting Rules Adrian Vermeule* The theory of voting rules developed in law, political science, and economics typically compares simple majority rule with alternatives, such as various types of supermajority rules1 and submajority rules.2 There is another critical dimension to these questions, however. Consider the following puzzles: $ In the United States Congress, the votes of a majority of those present and voting are necessary to approve a law.3 In the legislatures of California and Minnesota,4 however, the votes of a majority of all elected members are required. -
Robert's Rules of Order
Robert’s Rules of Order: How to Effectively Run a Meeting What is Robert’s Rules of Order? • Most widely used manual of “parliamentary procedure” for non-legislative organizations • Used as a means to organize a meeting for: • Church groups • Professional societies • School boards • Associations • Etc. Purpose of Robert’s Rules of Order • Ensure “majority rule” • Protect rights of minority & absentee votes • Provide order and fairness in decisions made • Expedite meetings • All members have equal rights and privilege • Provides checks and balances amongst hierarchy of positions in meetings Components of Robert’s Rules of Order • Quorum must be present for business to occur. Quorum is the minimum number of members of a group that must be present at any meeting, to ensure that enough voices are heard for the decisions made during that meeting to be valid • Agenda created for meeting • Motions – formal proposal for action to be taken on certain topic by organization’s membership Let’s Put It All Together… Commonly Asked Questions of Robert’s Rules of Order 1. Is it true that the president can vote only to break a tie? a) No, it is not true. If the president is a member of the voting body, he or she has exactly the same rights and privileges as all other members have, including the right to make motions, to speak in debate, and to vote on all questions.. However, the impartiality required of the presiding officer of any other type of assembly (especially a large one) precludes exercising the rights to make motions or speak in debate while presiding, and also requires refraining from voting except (i) when the vote is by ballot, or (ii) whenever his or her vote will affect the result. -
111-Quorum.Pdf
QUORUM Paragraph 1 of Rule VI provides that a quorum shall consist of a majority of the Senators duly chosen and sworn, and under the rules and practices of the Senate, any Senator may suggest the absence of a quorum before the Senate is permitted to act on any business. However, under a unanimous consent agreement placing a limitation on the debate of a measure and assigning control of that time, while that matter is pending no Senator may suggest the absence of a quorum unless that Senator con trols a sufficient amount of time (which has been held by the precedents to be 10 minutes). But, it has been equally well estab lished by the precedents that any Senator has a right to call for a quorum before a vote begins even if that Senator controlled no time, or even if there was an order that a vote occur at a time certain. However, certain unanimous consent agreements have been interpreted to preclude quorum calls. The Presiding Officer has no authority to count to see if a quorum is present when a Senator suggests the absence of a quorum unless the Senate is operating under cloture; the rules provide that once a Senator makes a point of no quorum, "the Presiding Officer shall forthwith direct the Secretary to call the roll" and the Presiding Officer "shall announce the result." U nti! a point of no quorum has been raised, the Senate oper ates on the assumption that a quorum is present, and even if only a few Senators are present, a measure may be passed or a nomi nation agreed to. -
Quorum ADM-BO-023
Policy/Procedure Title Policy Number Quorum ADM-BO-023 Developer Category Board Issue Date December 2014 Governance Committee Revision Date May 5, 2021 Next Review Date May 2024 Index 1.0 Scope of Policy/Procedure 2.0 Policy Statement 3.0 Procedure/Process 3.1 Protocol and Special Cases 3.2 Policy Oversight 4.0 Stakeholder Review 5.0 Approval 1.0 Scope of Policy/Procedure This policy is designed to support the Board of Directors in defining MEETING QUORUM, the minimum number of committee or Board members that must be present at a meeting in order to conduct business. If quorum is not reached then no motions may be passed at the meeting. Committee and Board Chairs need to be careful to ensure that quorum is reached for meetings. 2.0 Policy Statement As a general rule, the quorum for any committee or Board meeting is ‘50% of the voting members plus one. If the result is a fractional number, round down to get the quorum number’. Therefore, a committee with four (4) members with voting privileges (0.5 x 4) + 1 = 3 members present to have quorum. A committee with nine (9) members requires (0.5 x 9) + 1 = 5.5 rounded down to give five (5) members present to have quorum. 3.0 Procedure/Process 3.1 Protocol and Special Cases: It is the responsibility of the Board Chair or the Committee Chair to determine the exact number of VOTING members CURRENTLY on the Board or the Committee. Consult the Terms of Reference for the Committee for the exact list of voting and non-voting members. -
The Constitutionality of Legislative Supermajority Requirements: a Defense
The Constitutionality of Legislative Supermajority Requirements: A Defense John 0. McGinnist and Michael B. Rappaporttt INTRODUCTION On the first day of the 104th Congress, the House of Representatives adopted a rule that requires a three-fifths majority of those voting to pass an increase in income tax rates.' This three-fifths rule had been publicized during the 1994 congressional elections as part of the House Republicans' Contract with America. In a recent Open Letter to Congressman Gingrich, seventeen well-known law professors assert that the rule is unconstitutional.3 They argue that requiring a legislative supermajority to enact bills conflicts with the intent of the Framers. They also contend that the rule conflicts with the Constitution's text, because they believe that the Constitution's specific supermajority requirements, such as the requirement for approval of treaties, indicate that simple majority voting is required for the passage of ordinary legislation.4 t Professor of Law, Benjamin N. Cardozo Law School. tt Professor of Law, University of San Diego School of Law. The authors would like to thank Larry Alexander, Akhil Amar, Carl Auerbach, Jay Bybee, David Gray Carlson, Lawrence Cunningham, Neal Devins, John Harrison, Michael Herz, Arthur Jacobson, Gary Lawson, Nelson Lund, Erela Katz Rappaport, Paul Shupack, Stewart Sterk, Eugene Volokh, and Fred Zacharias for their comments and assistance. 1. See RULES OF THE HOUSE OF REPRESENTATIVES, EFFECTIVE FOR ONE HUNDRED FOURTH CONGRESS (Jan. 4, 1995) [hereinafter RULES] (House Rule XXI(5)(c)); see also id. House Rule XXI(5)(d) (barring retroactive tax increases). 2. The rule publicized in the Contract with America was actually broader than the one the House enacted. -
A Retrospective of House Rules Changes Since the 104Th Congress Through the 109Th Congress
A Retrospective of House Rules Changes Since the 104th Congress through the 109th Congress /name redacted/ Senior Specialist in American National Government /name redacted/ Specialist on the Congress March 8, 2012 Congressional Research Service 7-.... www.crs.gov RL33610 CRS Report for Congress Prepared for Members and Committees of Congress A Retrospective of House Rules Changes Since the 104th Congress through 109th Congress Summary One of the majority party’s prerogatives is writing the House rules and using its majority status to effect the chamber’s rules on the day the new House convenes. It is a feature of the House that it must adopt rules at the convening of each Congress. While each new House largely adopts the chamber rules that existed in the previous Congress, each new House also adopts changes to those rules. Institutional and political developments during the Democratic majority, particularly during the 103rd Congress, were a prelude to the rules changes made by the Republicans when they took control of the House in the 104th Congress. Rules changes made at the convening of the 104th Congress addressed most aspects of the committee system: decision-making autonomy, jurisdictions, internal committee procedures and structure, and staff. Rules changes for the 104th Congress and after also addressed most aspects of legislation deliberations on the House floor and organization of the chamber. For example, the minority was guaranteed the ability to offer the motion to recommit with instructions, commemorative legislation was banned, the names of signatories of discharge petitions were publicized, provisions were made for convening a House with a reduced membership due to a terrorist attack, and the Speaker was subjected to a term limit that was later repealed. -
Establishing a Quorum
BVCSD MEETING PROCEDURES AND RULES OF ORDER Prepared by: Adopted: February 8, 2018 4843-7088-7508 v1 TABLE OF CONTENTS Page INTRODUCTION ............................................................................................................ 1 ESTABLISHING A QUORUM ........................................................................................ 1 THE ROLE OF THE CHAIR ........................................................................................... 1 THE BASIC FORMAT FOR AGENDA ITEM DISCUSSION ........................................... 1 MOTIONS IN GENERAL ................................................................................................ 3 THE THREE BASIC MOTIONS ..................................................................................... 3 MULTIPLE MOTIONS BEFORE THE BOARD .............................................................. 4 DEBATABLE AND NON-DEBATABLE MOTIONS ......................................................... 4 MAJORITY AND SUPER MAJORITY VOTES ............................................................... 5 COUNTING VOTES ....................................................................................................... 5 THE MOTION TO RECONSIDER .................................................................................. 6 COURTESY AND DECORUM ....................................................................................... 6 SPECIAL NOTES ABOUT PUBLIC PARTICIPATION ................................................... 7 -i- Introduction These meeting -
Robert's Rules of Order – the Basics
Robert’s Rules of Order – the Basics (This sheet should not be a substitute for Robert’s Rules of Order, Newly Revised, 11nd Edition, but is meant to supplement the full set of rules.) Parliamentary procedure is a set of rules for conducting orderly meetings that accomplish goals fairly. Most PTAs use Roberts Rules of Order. Benefits of parliamentary procedure include the following: • Justice and courtesy for all • Maintenance of order • Consideration of one item at a time • All sides get heard • Ability for each member to provide input • Majority rule • Protection of the rights of all members including the minority Basic Principles • All members have equal rights, privileges and obligations • No person can speak until recognized by the chair • Personal remarks during debate are out of order • Only one question at a time may be considered, and only one person may have the floor at any one time • Members have a right to know what the immediately pending question is and to have it restated before a vote is taken • Full and free discussion of every main motion is a basic right • A quorum must be present for business to be conducted • A majority decides a question except when basic rights of members are involved or a rule provides otherwise. • A 2/3 vote is required for any motion that deprives a member of right in any way (e.g., cutting off debate) • Silence gives consent. Those who do not vote allow the decision to be made by those who do vote. • The Chair should always remain impartial Basic Definitions Motion – A formal proposal made to bring a subject before an assembly for its consideration and action. -
Parliamentary Procedure Cheat Sheet
Parliamentary Procedure Cheat Sheet Each officer should be familiar with the fundamental rules of parliamentary procedure. The business of any meeting is conducted more efficiently and quickly with parliamentary procedure and gives members a sense of security in knowing what course of action may be taken. As stated in “Robert’s Rules of Order Newly Revised,” the rules of parliamentary law are built on a careful balance of the rights of persons and subgroups within an organization. The rules are based on regard for the rights of: • The majority – defined as more than half • The minority • Individual members • Absentees • All these together Order of Business Call to order The president must first determine if a quorum is present. A quorum is defined as the number of voting delegates who must be present in order for business to be legally transacted. The bylaws should stipulate the number for quorum. If your bylaws do not stipulate a number for quorum, then it is a majority (more than half) of your voting delegates. No business may be conducted if the College Panhellenic meeting lacks a quorum. The president stands, waits or signals for quiet, and says, “The meeting will come to order.” Note: Rapping once with the gavel, if desired. Opening The president says, “Please repeat the Panhellenic Creed.” Roll call The president says, “The secretary will call the roll.” Reading and approval of minutes The president says, “The secretary will read the minutes.” Note: The secretary stands to read the minutes. The president sits down. This should only happen if the minutes are not distributed before the meeting. -
The Legislative Process on the Senate Floor: an Introduction
The Legislative Process on the Senate Floor: An Introduction Updated July 22, 2019 Congressional Research Service https://crsreports.congress.gov 96-548 The Legislative Process on the Senate Floor: An Introduction Summary The standing rules of the Senate promote deliberation by permitting Senators to debate at length and by precluding a simple majority from ending debate when they are prepared to vote to approve a bill. This right of extended debate permits filibusters that can be brought to an end if the Senate invokes cloture, usually by a vote of three-fifths of all Senators. Even then, consideration can typically continue under cloture for an additional 30 hours. The possibility of filibusters encourages the Senate to seek consensus whenever possible and to conduct business under the terms of unanimous consent agreements that limit the time available for debate and amending. Except when the Senate has invoked cloture or is considering appropriations, budget, and certain other measures, Senators also may propose floor amendments that are not germane to the subject or purpose of the bill being debated. This permits individual Senators to raise issues and potentially have the Senate vote on them, even if they have not been studied and evaluated by the relevant standing committees. These characteristics of Senate rules make the Senate’s daily floor schedule potentially unpredictable unless all Senators agree by unanimous consent to accept limits on their right to debate and offer non-germane amendments to a bill. Also to promote predictability and order, Senators traditionally have agreed to give certain procedural privileges to the majority leader. -
Abridged Guidelines for Parliamentary Procedure
Abridged Guidelines for Parliamentary Procedure Taken from: Keesey’s Modern Parliamentary Procedure. Prepared by: Jeffrey E. Barnett, Psy.D. President-Elect APA Division 31 State and Provincial Psychological Association Affairs For: All SPPA Officers, Leaders, and Executive Officers 1 The Parliamentary Authority: A parliamentary authority, once adopted in an organization’s bylaws, becomes the basic source of its procedural rules. Majority Rule: All meetings governed by parliamentary procedures must follow the mandate of the majority. Under no circumstances may a group suspend the principle of majority rule. The majority of the eligible votes cast, assuming a quorum is present, represents the will of the majority. The Rights of the Minority: Members voting with the minority retain all the rights and privileges of membership and may not be discriminated against because of their votes. They may propose a motion and speak and vote for or against a motion like any other member. When a committee reports to its parent group, a minority report may be presented as an amendment to the committee report, and a vote taken on substituting the minority report for the committee report. Freedom of Discussion: No member may have the right to “speak his or her piece” circumscribed, except by rules that similarly limit the rights of all the members. The motion to close debate is misused if it is offered to prevent members from stating their views. Since such a motion deprives a minority the freedom of debate, it requires a two-thirds vote to pass. Other Principles: The role of the majority, the rights of the minority, equality of membership, and freedom of discussion are the four most fundamental principles of democratic actions. -
Procedural Guide for Arkansas County Quorum Court Meetings
PROCEDURAL GUIDE FOR ARKANSAS COUNTY QUORUM COURT MEETINGS COOPERATIVE EXTENSION SERVICE University of Arkansas, United States Department of Agriculture, and County Governments Cooperating PROCEDURAL GUIDE FOR ARKANSAS COUNTY QUORUM COURT MEETINGS REVISED EDITION March 2006 Tony E. Windham, Ph.D. State Leader - Community and Economic Development In Cooperation With Association of Arkansas Counties 1415 West Third Street Little Rock, AR 72201 Telephone: 501-372-7550 FAX: 501-372-0611 www.arcounties.org 1 TABLE OF CONTENTS Preface I. Quorum Court Administration II. Legislative Affairs III. Quorum IV. Presiding Officer A. County Judge As B. Justice of Peace As C. Responsibilities of V. Order of Business A. Call to Order B. Reading and Disposition of Minutes .. C. Reports of Committees D. Unfinished Business E. New Business F. Announcements G. Adjournment H. Comments or Questions from Public.. I. Agenda VI. How Motions Are Handled A. Addressing Presiding Officer B. Recognition C. Statement of Motion by Member D. Seconding Motions E. Statement of Motion by Presiding Officer F. Discussion of Motion G. Voting on Motion 1. Roll Call Vote 2. Voice 3. Show of Hands 4. Vote by Unanimous Consent VII. Adoption and Amendment of Ordinances (Except Emergency or Appropriation) 1. The Adoption and Amendment of Ordinances Generally A. Introduction B. Style Requirements C. Passage D. Approval and Publication E. Effective Date F. Reference to Electors G. Manner and Procedure 2. Procedures to Adopt in Less than Three Different Days 3. Amendments Offered on Proposed Ordinances on Second or Third Reading 2 VIII. Penalties for Violations of Ordinances IX. Adoption of Appropriation and Emergency Ordinances A.