VOTING Ch. 30 § 39 of New York, then objected to the vote on a bill (H.R. 6483) author- vote on the ground that a quorum izing a $50 million appropriation ( ) was not present. The Speaker 7 to relieve an acute shortage of sustained the point of order and housing, public works, and equip- directed the Clerk to call the roll. ment therefor in the District of Following the roll call, the Chair announced that there were-yeas Columbia area: ( ) 124, nays 123; 8 so the bill was It seems that in connection with roll passed. call 22 yesterday, the copy of the roll Shortly thereafter, the Speaker call that went to the Printing Office made the following statement: (9) did not contain the names of Mr. Allen The Chair announces the corrected of Illinois, Mr. Allen of Louisiana, Mr. vote on the bill (H.R. 146) to provide H. Carl Andersen, Mr. Anderson of for trials of and judgments upon the California, Mr. Anderson of New Mex- issue of good behavior in the case of ico, Mr. Cooley, or Mr. Collins. certain Federal judges. After the tally Without objection, the Journal and clerks have rechecked the responses, permanent Record will be corrected to the vote stands: Yeas, 124; nays, 121. record these gentlemen as having been The bill is passed. present and voting ‘‘yea.’’ § 38.6 The Speaker has re- There was no objection. quested and received unani- mous consent to correct the Journal and the Record § 39. Changing Correctly where a copy of a roll call Recorded Votes; Inquir- vote sent to the Printing Of- ies fice was found to be incor- rect. The precedents carried in this On Feb. 12, 1942,(10) the Speak- section all predate the use of the er (11) made the following state- electronic voting system. In the ment in reference to a roll call modern House, Members have no 7. Sam Rayburn (Tex.). need to ask ‘‘how they are re- 8. CONG. REC. (daily ed.), 77th Cong. corded’’ since their votes are on 1st Sess. the electronic displays and in the 9. 87 CONG. REC. 8169, 77th Cong. 1st visible computer monitors on the Sess. floor. The current procedure for 10. CONG. REC. (daily ed.), 77th Cong. 2d Sess. changing votes is discussed in 11. Sam Rayburn (Tex.). §§ 32, supra and 40, infra. 11713 Ch. 30 § 39 DESCHLER-BROWN PRECEDENTS

Inquiry as to How Member Re- MR. O’CONNOR: That is just an at- corded tempt to delay the decision, Mr. Speak- er. § 39.1 Members may inquire MR. [BERTRAND H.] SNELL [of New how they are recorded be- York]: Mr. Speaker, I demand the an- nouncement of the vote. fore the announcement of a THE SPEAKER: The Chair does not yea and nay vote. desire one side or the other to have On Apr. 8, 1938,(12) the House any advantage. We are merely fol- entertained a motion to recommit lowing the usual routine. MR. MEAD: Mr. Speaker, how am I a bill (S. 3331) to provide for reor- recorded? ganizing agencies of the govern- THE SPEAKER: The gentleman voted ment, extending the classified ‘‘nay’’. civil service, establishing a Gen- MR. MEAD: That is correct. eral Auditing Office and a Depart- Thereafter, a brief discussion ment of Welfare. The yeas and about the possibility of a recapitu- nays having been ordered, the lation occurred, after which the (13) Speaker put the question. result of the vote was announced. At the end of the roll call but prior to announcement of the re- Effect of Announcement of the sult, the following exchange took Result place: (14)

MR. [STEPHEN] PACE [of Georgia]: § 39.2 A Member may change Mr. Speaker, may I inquire how I am his vote on a roll call at any recorded? time before the result of the THE SPEAKER: The gentleman voted roll call vote is announced. ‘‘nay.’’ (15) MR. [JOHN J.] O’CONNOR [of New On July 28, 1937, following a York]: Mr. Speaker, I demand the an- roll call vote on a bill (S. 2416) re- nouncement of the result. lating to the citizenship of certain THE SPEAKER: The Chair will an- classes of persons born in the nounce the result as soon as it is hand- Canal Zone or the Republic of ed to the Chair by the Clerk. Panama, the Speaker (16) decided MR. [JAMES M.] MEAD [of New York]: Mr. Speaker, how was my vote re- to order a recapitulation. The re- corded? sult of the initial vote not having been announced, Mr. Andrew 12. 83 CONG. REC. 5123, 75th Cong. 3d Edmiston, of West Virginia, Sess. 13. William B. Bankhead (Ala.). 15. 81 CONG. REC. 7772, 75th Cong. 1st 14. 83 CONG. REC. 5124, 75th Cong. 3d Sess. Sess. 16. William B. Bankhead (Ala.).

11714 VOTING Ch. 30 § 39 changed his vote in the course of the National Security Training the recapitulation from ‘‘no’’ to Corps with an amendment in the ‘‘aye.’’ This prompted a point of nature of a substitute adopted in order raised by Mr. Cassius C. the Committee of the Whole.(19) As Dowell, of Iowa, who contended the rule dictated that the previous that such a change was not per- question be ordered, the Speak- ( ) missible. er 20 put the question on the The Chair ruled on the point of amendment, and it was rejected. Accordingly, the original bill re- order, as follows: mained before the House. There has been no announcement on Shortly thereafter, Mr. Dewey the part of the Chair of the result of Short, of Missouri, offered a mo- the vote. tion to recommit the bill to the A Member may change his vote at Committee on Armed Services. any time before it is announced. The question was put, and the That was held by Mr. Speaker Gil- lette. The Chair, therefore, overrules yeas and nays were ordered. the point of order. The vote of the gen- Before the vote was taken, the tleman from West Virginia will be following proceedings occurred: changed from ‘‘no’’ to ‘‘aye.’’ MR. [JAMES C.] DAVIS of Georgia: Mr. Speaker, a parliamentary inquiry. § 39.3 Prior to announcing the THE SPEAKER: The gentleman will result of a yea and nay vote, state it. the Speaker clarified a state- MR. DAVIS of Georgia: If this motion ment he had made in reply to to recommit is voted down will the bill then be sent back to the Committee of a parliamentary inquiry pre- the Whole for further consideration? ceding such vote, so that THE SPEAKER: No; the question then Members would understand will be on the passage of the bill. the exact parliamentary situ- MR. [THOMAS G.] ABERNETHY [of Mississippi]: Mr. Speaker, a par- ation and change their votes liamentary inquiry. if so desired, before his an- nouncement of the result. 19. It should be noted that when the Committee of the Whole perfects a On Mar. 4, 1952,(17) the Chair- bill by amendment and then adopts (18) man of the Committee of the an amendment in the nature of a Whole reported back to the House substitute for the entire bill, only the a bill (H.R. 5904) providing for the substitute is reported to the House. administration and discipline of Moreover, should the House reject the substitute, the original bill with- 17. 98 CONG. REC. 1863, 1864, 1865, 82d out amendment is then before the Cong. 2d Sess. House. 18. Jere Cooper (Tenn.). 20. Sam Rayburn (Tex.).

11715 Ch. 30 § 39 DESCHLER-BROWN PRECEDENTS

THE SPEAKER: The gentleman will troduced and referred to the Commit- state it. tee on Armed Services without the MR. ABERNETHY: Do I understand amendments adopted by the Com- that this vote occurs on the bill as it mittee on Armed Services or the Com- was introduced without committee mittee of the Whole, because those amendments? amendments of the committee to the THE SPEAKER: Not as introduced, but bill as originally introduced were not as reported to the House from the reported to the House. Committee of the Whole. The Chair wanted to make that MR. ABERNETHY: Do I understand, statement before the final vote was an- then, that the vote to follow will occur nounced so that all Members could un- on the bill as reported to the House, derstand the exact situation and be al- including the committee amendment? lowed to change their votes if they so THE SPEAKER: It does not have any desired. The bill is now before the committee amendments. House as originally introduced. The question is on the motion to re- The Record indicates that two commit. Members changed their votes The question was then taken; thereafter. and the votes were tallied. Prior to announcing the result, how- § 39.4 Members desiring to ever, the Speaker made the fol- change their votes from lowing statement: ‘‘yea’’ or ‘‘nay’’ in order to an- swer ‘‘present’’ because of a The Chair desires to make a state- ment. pair must do so before the In answering a parliamentary in- announcement of the result. quiry of the gentleman from Mis- On May 27, 1947,(1) the House sissippi [Mr. Abernethy], the Chair voted on a resolution (H. Res. 218) was mistaken as to the import of the inquiry. The Chair thought the gen- waiving points of order against a tleman was asking whether, if the mo- bill (H.R. 3601) making appropria- tion to recommit was voted down, we tions for the Department of Agri- would then vote on the bill as amended culture for the fiscal year 1948. by the Committee of the Whole. Of The Speaker (2) announced the re- course, the Chair’s answer was correct sult of the vote, and a motion to on that understanding, because the reconsider was laid on the table. Burleson amendment took out all the amendments that were adopted by the The resolution having been agreed Committee of the Whole. to, a motion was then offered to However, the Chair should have resolve into the Committee of the gone one step further, if he had under- stood the gentleman entirely, and said 1. 93 CONG. REC. 5878, 5879, 80th that the bill that would be voted on at Cong. 1st Sess. that time was the bill as originally in- 2. Joseph W. Martin, Jr. (Mass.).

11716 VOTING Ch. 30 § 39

Whole for the consideration of the On Apr. 26, 1949,(4) the House bill, itself. voted on a resolution (H. Res. 191) Immediately thereafter, the fol- which provided, in part, that upon lowing exchange took place: its adoption, the Committee of the Whole would consider a bill (H.R. MR. [WILLIAM S.] HILL [of Colorado]: Mr. Speaker, a parliamentary inquiry. 2032)—against which all points of THE SPEAKER: The gentleman will order were to be waived—to pro- state it. vide for the repeal of the Labor- MR. HILL: Mr. Speaker, may I in- Management Relations Act of quire how I was recorded? I had a pair 1947, and the reenactment of the with the gentleman from Michigan, National Labor Relations Act of Mr. Jonkman. I voted ‘‘no.’’ I wish to withdraw my vote and vote ‘‘present.’’ 1935. The yeas and nays having THE SPEAKER: The vote has been an- been ordered, there were—yeas nounced and the time when the gen- 369, nays 6, not voting 56. tleman could have announced how he Following debate on the bill and would have voted has passed.... the rising of the Committee, the . . . He should have addressed the Speaker (5) recognized Mr. Roy W. Chair and requested that he be re- corded as ‘‘present.’’ (3) Wier, of Minnesota, and the fol- lowing exchange took place:

§ 39.5 While a Member may an- MR. WIER: Mr. Speaker, on the roll- nounce that his recorded call vote today on the rule, under mis- vote was cast under mis- apprehension and misinformation, I apprehension and misin- voted ‘‘nay.’’ I ask unanimous consent that the Record show I intended to formation, he may not vote ‘‘aye.’’ change his vote following the THE SPEAKER: The gentleman’s announcement of the result. statement will stand. The vote itself cannot be changed at this time. 3. For a comparable instance, see 118 CONG. REC. 34166, 92d Cong. 2d Effect of Timely Change Sess., Oct. 5, 1972, where Mr. Philip M. Crane (Ill.), who had formed a § 39.6 Where a Member live pair with Mr. Roman C. changes his vote following a Pucinski (Ill.), appeared to be cog- roll call, before its announce- nizant of the fact that he had waited too long to withdraw his ‘‘nay’’ vote ment by the Chair, the and chose not to ask the Chair for change appears in the permission to do so. Instead, he Record. merely stated that he was ‘‘unable to exercise’’ the live pair and an- 4. 95 CONG. REC. 5062, 5063, 5086, nounced how Mr. Pucinski would 81st Cong. 1st Sess. have voted. 5. Sam Rayburn (Tex.).

11717 Ch. 30 § 39 DESCHLER-BROWN PRECEDENTS

On Dec. 20, 1969,(6) the House, supplemental appropriation bill of by roll call vote, agreed to the con- 1958 (H.R. 9131). The report hav- ference report on a bill (H.R. ing been agreed to, discussion fol- 15149) making appropriations for lowed with respect to the amend- foreign assistance and related pro- ments remaining in disagreement. grams for the fiscal year ending Thereafter, Mr. Cannon moved June 30, 1970. Immediately fol- that the House recede and concur lowing that vote and before the in a Senate amendment numbered announcement of the result, Mr. 54 with an amendment. Mr. Karl James H. Scheuer, of New York, M. LeCompte, of Iowa, offered a changed his vote from ‘‘yea’’ to preferential motion that the ‘‘nay.’’ Moments later—and still House recede and concur with within the interim between the Senate amendment No. 54, and actual vote-casting and the Speak- Mr. John Taber, of New York, er’s (7) announcement of the re- then requested a division of that sult—the Congressman changed question. his vote again, from ‘‘nay’’ to The vote was taken on the ques- ‘‘yea.’’ As the permanent Record tion, as divided (i.e., on the mo- indicates, he was so recorded. tion to recede from disagreement to the Senate amendment), and a Confusion as to Question division having been demanded by Under Consideration as Basis Mr. Cannon, there were—ayes 76, for Vote Change noes 22. Mr. Taber then objected to the vote on the ground that a § 39.7 Confusion existing as to quorum was not present where- the precise question under upon the Speaker (9) directed the consideration, 40 Members Clerk to call the roll. changed their roll call votes Before the result of the vote from ‘‘yea’’ to ‘‘nay,’’ and 93 was announced, the Record re- Members changed their votes veals that 40 Members changed from ‘‘nay’’ to ‘‘yea.’’ their votes from ‘‘yea’’ to ‘‘nay,’’ On Aug. 21, 1957,(8) Mr. Clar- and 93 Members changed their ence Cannon, of Missouri, called votes from ‘‘nay’’ to ‘‘yea.’’ This un- up the conference report on the usual occurrence was explained in a statement by Mr. Cannon, as 6. 115 CONG. REC. 40456, 40457, 91st follows: Cong. 1st Sess. Mr. Speaker, may I say that this 7. John W. McCormack (Mass.). misapprehension was due to the fail- 8. 103 CONG. REC. 15508, 15510, 15518, 15519, 85th Cong. 1st Sess. 9. Sam Rayburn (Tex.).

11718 VOTING Ch. 30 § 40

ure here at the desk to understand the negative. I intended to vote in the that the question had been divided. We negative. Is it permissible for me to took for granted we were voting on re- change my vote? ceding and concurring when, as a mat- ter of fact, the vote was on the ques- The Chair responded that the tion to recede. gentleman would be allowed to May I add, Mr. Speaker, that we ex- correct his vote, and following a pect to go back to conference tomorrow parliamentary inquiry thereafter, and will have an opportunity to again take up the matter in conference. the Chairman announced that the amendment had been rejected. § 40.2 Unable to effect a cor- § 40. Instances Where Vote rection because of untimeli- Changes and Corrections ness, a Member announced Have Been Made that he had miscast his vote on a recorded teller vote Incorrectly Cast Votes taken the preceding day. § 40.1 A Member may change On June 18, 1971,(12) after a roll his vote on a recorded teller call vote on a resolution (H. Res. vote by stating his correction 434) authorizing investigative au- prior to the announcement of thority to the Committee on Edu- the result by the Chair, and cation and Labor, Mr. James W. unanimous consent is not re- Symington, of Missouri, made the quired. following statement: On July 27, 1971,(10) a recorded Mr. Speaker, I wish to state for the teller vote having been taken on Record that on recorded teller vote 143 an amendment to a bill (H.R. yesterday I voted ‘‘aye’’ but had in- 10061) making appropriations for tended to vote ‘‘no.’’ the Department of Labor and the § 40.3 On a recorded vote, not Department of Health, Education, conducted electronically, and Welfare, Mr. Phillip M. Landrum, of Georgia, rose to ask vote corrections are some- the Chair (11) the following ques- times permitted after the tion: Chair has announced the re- sult. Mr. Chairman, I voted the green card in error thinking I was voting in While a Member may, by unani- mous consent, correct his vote on 10. 117 CONG. REC. 27373, 27374, 92d Cong. 1st Sess. 12. 117 CONG. REC. 20723, 92d Cong. 1st 11. Chet Holifield (Calif.). Sess.

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