Robert's Rules of Order / Pocket Manual of Rules of Order for Deliberative Assemblies

If greater freedom is desired, the proper course is to refer the subject to the committee of the whole [§ 32], or to consider it informally [§ 33]. [For limiting or closing the debate, see § 37.] No member can speak the second time to a question, until every member choosing to speak has spoken. But an amendment, or any other motion being offered, makes the real question before the assembly a different one, and, in regard to the right to debate, is treated as a new question. Merely asking a question, or making a suggestion, is not considered as speaking.

—To Fix the Time to which the Assembly shall Adjourn (when a privileged question, § 10).
—To Adjourn [§ 11], (or in committee, to rise, which is used instead of to adjourn).
—For the Orders of the Day [§ 13], and questions relating to the priority of business.
—An Appeal [§ 14] when made while the Previous Question is pending, or when simply relating to indecorum or transgressions of the rules of speaking, or to the priority of business.
—Objection to the Consideration of a Question [§ 15].
—Questions relating to Reading of Papers [§ 16], or Withdrawing a Motion [§ 17], or Suspending the Rules [§ 18], or extending the limits of debate [§ 34], or limiting or closing debate, or granting leave to continue his speech to one who has been guilty of indecorum in debate [§ 36].
—To Lie on the Table or to Take from the Table [§ 19].
—The Previous Question [§ 20].
—To Reconsider [§ 26] a question which is itself undebatable.

The motion to Postpone to a certain time [§ 21] allows of but very limited debate, which must be confined to the propriety of the postponement; but to Reconsider a debatable question [§ 26], or to Commit [§ 22], or Indefinitely Postpone [§ 24], opens the main question [§ 6] to debate. To Amend [§ 23] opens the main question to debate only so far as it is necessarily involved in the amendment.

The distinction between debate and making suggestions or asking a question, should always be kept in view, and when the latter will assist the assembly in determining the question, is allowed to a limited extent, even though the question before the assembly is undebatable.

Note On Undebatable Questions.—The English common parliamentary law makes all motions debatable, without there is a rule adopted limiting debate [Cushing’s Manual, § 330]; but every assembly is obliged to restrict debate upon certain motions. The restrictions to debate prescribed in this section conform to the practice of Congress, where, however, it is very common to allow of brief remarks upon the most undebatable questions, sometimes five or six members speaking; this of course is allowed only when no one objects.

By examining the above list, it will be found, that, while free debate is allowed upon every principal question [§ 6], it is permitted or prohibited upon other questions in accordance with the following principles:

(a) Highly privileged questions, as a rule, should not be debated, as in that case they could be used to prevent the assembly from coming to a vote on the main question; (for instance, if the motion to adjourn were debatable, it could be used [see § 11] in a way to greatly hinder business). High privilege is, as a rule, incompatible with the right of debate on the privileged question.

(b) A motion that has the effect to suppress a question before the assembly, so that it cannot again be taken up that session [§ 42], allows of free debate. And a subsidiary motion [§ 7, except commit, which see below,] is debatable to just the extent that it interferes with the right of the assembly to take up the original question at its pleasure.

Illustrations: To “Indefinitely Postpone” [§ 24] a question, places it out of the power of the assembly to again take it up during that session, and consequently this motion allows of free debate, even involving the whole merits of the original question.

To “Postpone to a certain time” prevents the assembly taking up the question till the specified time, and therefore allows of limited debate upon the propriety of the postponement.

To “Lie on the Table” leaves the question so that the assembly can at any time consider it, and therefore should not be, and is not debatable.

To “Commit” would not be very debatable, according to this rule, but it is an exception, because it is often important that the committee should know the views of the assembly on the question, and it therefore is not only debatable, but opens to debate the whole question which it is proposed to refer to the committee.

Disorderly words should be taken down by the member who objects to them, or by the clerk, and then read to the member; if he denies them, the assembly shall decide by a vote whether they are his words or not. If a member cannot justify the words he used, and will not suitably apologize for using them, it is the duty of the assembly to act in the case, requiring both members to withdraw* [If both are personally interested. [See page 161.]] till it has decided its course, it being a general rule that no member should he present in the assembly when any matter relating to himself is under debate. If any business has taken place since the member spoke, it is too late to take notice of any disorderly words he used.

(a) An objection to the consideration of a question [only allowable when the question is first introduced, § 15], which, if sustained, not only stops debate, but also throws the subject out of the assembly for that session [§ 42]; which latter effect is the one for which it was designed.

(b) To lie on the table [§ 19], which, if adopted, carries the question to the table, from which it cannot be taken without a majority favors such action.

(c) The previous question [§ 20], which has the effect of requiring all the questions before the assembly [excepting as limited in § 20] to be put to vote at once without further debate. It may be applied merely to an amendment or to an amendment of an amendment.

(d) For the assembly to adopt an order (1) limiting debate upon a special subject, either as to the number or length of the speeches; or (2) closing debate upon the subject at a stated time, when all pending questions shall be put to vote without further debate. Either of these two measures may be applied only to a pending amendment, or an amendment thereto, and when this is voted upon, the original question is still open to debate and amendment.

When a vote is taken, the Chairman should always announce the result in the following form: “The motion is carried—the resolution is adopted,” or, “The ayes have it—the resolution is adopted.” If, when he announces a vote, any member rises and states that he doubts the vote, or calls for a “division,” the Chairman shall say, “A division is called for; those in favor of the motion will rise.” After counting these, and announcing the number, he shall say, “Those opposed will rise.” will count these, announce the number, and declare the result; that is, whether the motion is carried or lost. Instead of counting the vote himself, he can appoint tellers to make the count and report to him. When tellers are appointed, they should be selected from both sides of the question. A member has the right to change his vote (when not made by ballot) before the decision of the question has been finally and conclusively pronounced by the Chair, but not afterwards.

Until the negative is put, it is in order for any member, in the same manner as if the voting had not been commenced, to rise and speak, make motions for amendment or otherwise, and thus renew the debate; and this, whether the member was in the assembly room or not when the question was put and the vote partly taken. In such case the question is in the same condition as if it had never been put.

No one can vote on a question affecting himself, but if more than one name is included in the resolution (though a sense of delicacy would prevent this right being exercised, excepting when it would change the vote) all are entitled to vote; for if this were not so, a minority could control an assembly by including the names of a sufficient number in a motion, say for preferring charges against them, and suspend them, or even expel them from the assembly. When there is a tie vote the motion fails, without the Chairman gives his vote for the affirmative, which in such case he can do. Where his vote will make a tie, he can cast it and thus defeat the measure.

Another form of voting is by ballot. This method is only adopted when required by the constitution or by-laws of the assembly, or when the assembly has ordered the vote to be so taken. The Chairman, in such cases, appoints at least two tellers, who distribute slips of paper upon which each member, including the Chairman,* [Should the Chairman neglect to vote before the ballots are counted, he cannot then vote without the permission of the assembly.] writes his vote; the votes are then collected, counted by the tellers, and the result reported to the Chairman, who announces it to the assembly. The Chairman announces the result of the vote, in case of an election to office, in a manner similar to the following: “The whole number of votes cast is —; the number necessary for an election is —; Mr. A. received —; Mr. B. —; Mr. C. —. Mr. B. having received the required number is elected —.” Where there is only one candidate for an office, and the constitution requires the vote to be by ballot, it is common to authorize the clerk to cast the vote of the assembly for such and such a person; if any one objects however, it is necessary to ballot in the usual way. So when a motion is made to make a vote unanimous, it fails if any one objects. In counting the ballots all blanks are ignored.

The assembly can by a majority vote order that the vote on any question be taken by Yeas and Nays.* [Taking a vote by yeas and nays, which has the effect to place on the record how each member votes, is peculiar to this country, and while it consumes a great deal of time, is rarely useful in ordinary societies. By the Constitution, one-fifth of the members present can, in either house of Congress, order a vote to be taken by yeas and nays, and to avoid some of the resulting inconveniences various rules and customs have been established, which are ignored in this Manual, as according to it the yeas and nays can only be ordered by a majority, which prevents its being made use of to hinder business. In representative bodies it is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures. In some small bodies a vote on a resolution must be taken by yeas and nays, upon the demand of a single member.] In this method of voting the Chairman states both sides of the question at once; the clerk calls the roll and each member as his name is called rises and answers yes or no, and the clerk notes his answer. Upon the completion of the roll call the clerk reads over the names of those who answered the affirmative, and afterwards those in the negative, that mistakes may be corrected; he then gives the number voting on each side to the Chairman, who announces the result. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative.

The form of putting a question upon which the vote has been ordered to be taken by yeas and nays, is similar to the following: “As many as are in favor of the adoption of these resolutions will, when their names are called, answer yes [or aye]—those opposed will answer no.” The Chairman will then direct the clerk to call the roll. The negative being put at the same time as the affirmative, it is too late, after the question is put, to renew the debate. After the commencement of the roll call, it is too late to ask to be excused from voting. The yeas and nays cannot be ordered in committee of the whole [§ 32].

  An Objection to the Consideration of a Question ………….. § 15.
  To Take up a Question out of its proper order ……………. § 13.
  To Suspend the Rules ………………………………….. § 18.
  The Previous Question …………………………………. § 20.
  To Close or Limit Debate ………………………………. § 37.
  To Amend the Rules (requires previous notice also) ……….. § 43.
  To Make a special order ……………………………….. § 13.

His duties are generally as follows:

To open the session at the time at which the assembly is to meet, by taking the chair and calling the members to order; to announce the business before the assembly in the order in which it is to be acted upon [§ 44]; to state and to put to vote [§ 38] all questions which are regularly moved, or necessarily arise in the course of proceedings, and to announce the result of the vote;

To restrain the members, when engaged in debate, within the rules of order; to enforce on all occasions the observance of order and decorum [§ 36] among the members, deciding all questions of order (subject to an appeal to the assembly by any two members, § 14), and to inform the assembly when necessary, or when referred to for the purpose, on a point of order or practice;

To authenticate, by his signature, when necessary, all the acts, orders and proceedings of the assembly, and in general to represent and stand for the assembly, declaring its will, and in all things obeying its commands.

The chairman shall rise* [It is not customary for the chairman to rise while putting questions in very small bodies, such as committees, boards of trustees, &c.] to put a question to vote, but may state it sitting; he shall also rise from his seat (without calling any one to the chair), when speaking to a question of order, which he can do in preference to other members. In referring to himself he should always use his official title thus: “The Chair decides so and so,” not “I decide, &c.” When a member has the floor, the chairman cannot interrupt him as long as he does not transgress any of the rules of the assembly, excepting as provided in § 2.

He is entitled to vote when the vote is by ballot,* [But this right is lost if he does not use it before the tellers have commenced to count the ballots. The assembly can give leave to the chairman to vote under such circumstances.] and in all other cases where the vote would change the result. Thus in a case where two-thirds vote is necessary, and his vote thrown with the minority would prevent the adoption of the question, he can cast his vote; so also he can vote with the minority when it will produce a tie vote and thus cause the motion to fail. Whenever a motion is made referring especially to the chairman, the maker of the motion should put it to vote.

The chairman can, if it is necessary to vacate the chair, appoint a chairman pro tem.,** [When there are Vice Presidents, then the first one on the list that is present, is, by virtue of his office, chairman during the absence of the President, and should always be called to the chair when the President temporarily vacates it.] but the first adjournment puts an end to the appointment, which the assembly can terminate before, if it pleases, by electing another chairman. But the regular chairman, knowing that he will be absent from a future meeting, cannot authorize another member to act in his place at such meeting; the clerk [§ 41], or in his absence any member, should in such case call the meeting to order, and a chairman pro tem. be elected, who would hold office during that session [§ 42], without such office was terminated by the entrance of the regular chairman.

The chairman sometimes calls a member to the chair, and himself takes part in the debate. But this should rarely be done, and nothing can justify it in a case where much feeling is shown, and there is a liability to difficulty in preserving order. If the chairman has even the appearance of being a partisan, he loses much of his ability to control those who are on the opposite side of the question.* [The unfortunate habit many chairmen have of constantly speaking upon questions before the assembly, even interrupting the member who has the floor, is unjustified by either the common parliamentary law, or the practice of Congress. One who expects to take an active part in debate should never accept the chair. “It is a general rule, in all deliberative assemblies, that the presiding officer shall not participate in the debate, or other proceedings, in any other capacity than as such officer. He is only allowed, therefore, to state matters of fact within his knowledge; to inform the assembly on points of order or the course of proceeding, when called upon for that purpose, or when he finds it necessary to do so; and on appeals from his decision on questions of order, to address the assembly in debate.” [Cushing’s Manual, page 106.] “Though the Speaker [chairman] may of right speak to matters of order and be first heard, he is restrained from speaking on any other subject except where the assembly have occasion for facts within his knowledge; then he may, with their leave, state the matter of fact.” [Jefferson’s Manual, sec. xvii, and Barclay’s “Digest of the Rules and Practice of the House of Representatives, U. S.,” page 195.]]

The chairman should not only be familiar with parliamentary usage, and set the example of strict conformity to it, but he should be aman of executive ability, capable of controlling men; and it should never be forgotten, that, to control others, it is necessary to control one’s self. An excited chairman can scarcely fail to cause trouble in a meeting.

A chairman will often find himself perplexed with the difficulties attending his position, and in such cases he will do well to heed the advice of a distinguished writer on parliamentary law, and recollect that—“The great purpose of all rules and forms, is to subserve the will of the assembly, rather than to restrain it; to facilitate, and not to obstruct, the expression of their deliberate sense.”

“At a regular quarterly meeting of [state the name of the society] held on the 31st day of March, 1875, at [state the place of meeting], the President in the chair, the minutes were read by the clerk and approved.” If the regular clerk is absent, insert after the words “in the chair,” the following: “The clerk being absent, Robert Smith was appointed clerk pro tem. The minutes were then read and approved.” If the minutes were not read, say “the reading of the minutes was dispensed with.” The above form will show the essentials, which are as follows: (a) The kind of meeting, “regular” [or stated] or “special,” or “adjourned regular,” or “adjourned special;” (6) name of the assembly; (c) date and place of meeting (excepting when the place is always the same); (d) the fact of the presence of the regular chairman and clerk, or in their absence the names of their substitutes; (e) whether the minutes of the previous meeting were approved.

The minutes should be signed by the person who acted as clerk for that meeting: in some societies the chairman must also sign them. When published, they should be signed by both officers.

In keeping the minutes much depends upon the kind of meeting, and whether the minutes are to be published. If they are to be published, it is often of far more interest to know what was said by the leading speakers, than to know what routine business was done, and what resolutions adopted.

In such case the duties of the secretary are arduous, and he should have at least one assistant. In ordinary society meetings and meetings of Boards of Managers and Trustees, on the contrary, there is no object in reporting the debates; the duty of the clerk, in such cases, is mainly to record what is “done” by the assembly, not what is said by the members. Without there is a rule to the contrary, he should enter every Principal motion [§ 6] that is before the assembly, whether it is adopted or rejected; and where there is a division [see Voting, § 38], or where the vote is by ballot, he should enter the number of votes on each side; and when the voting is by yeas and nays [§ 38], he should enter a list of the names of those voting on each side. He should endorse on the reports of committees, the date of their reception, and what further action was taken upon them, and preserve them among the records, for which he is responsible. He should in the minutes make a brief summary of a report that has been agreed to, except where it contains resolutions, in which case the resolutions will be entered in full as adopted by the assembly, and not as if it was the report accepted. The proceedings of the committee of the whole [§ 32], or while acting informally [§ 33], should not be entered on the minutes. Before an adjournment without day, it is customary to read over the minutes for approval, if the next meeting of the board or society will not occur for a long period. Where the regular meetings are not separated by too great a time, the minutes are read at the next meeting.

The clerk should, previous to each meeting, for the use of the chairman, make out an order of business [§ 44], showing in their exact order what is necessarily to come before the assembly. He should also have at each meeting a list of all standing committees, and such select committees as are in existence at the time. When a committee is appointed, he should hand the names of the committee and all papers referred to it to the chairman, or some other of its members.

If a principal motion [§ 6] is indefinitely postponed or rejected at one session, while it cannot be introduced again at the same session [see Renewal of a Motion, § 26], it can be at the next, without it is prohibited by a rule of the assembly.

No one session of the assembly can interfere with the rights of the assembly at any future session,* [Any one session can adopt a rule or resolution of a permanent nature, and it continues in force until at some future session it is rescinded. But these Standing Rules, as they are termed, do not interfere with future sessions, because at any moment a majority can suspend or rescind them, or adopt new ones.] without it is expressly so provided in their Constitution, Bylaws, or Rules of Order, all of which are so guarded (by requiring notice of amendments, and at least a two-thirds vote for their adoption) that they are not subject to sudden changes, but may be considered as expressing the deliberate views of the whole society, rather than the opinions or wishes of any particular meeting. Thus, if the presiding officer were ill, it would not be competent for one session of the assembly to elect a chairman to hold office longer than that session, as it cannot control or dictate to the next session of the assembly. By going through the prescribed routine of an election to fill the vacancy, giving whatever notice is required, it could then legally elect a chairman to hold office while the vacancy lasted. So it is improper for an assembly to postpone anything to a day beyond the next succeeding session, and thus attempt to prevent the next session from considering the question. On the other hand, it is not permitted to move a reconsideration [§ 27] of a vote taken at a previous session [though the motion to reconsider can be called up, provided it was made at the last meeting of the previous session.] Committees can be appointed to report at a future session.

Note On Session—In Congress, and in fact all legislative bodies, the limits of the sessions are clearly defined; but in ordinary societies having a permanent existence, with regular meetings more or less frequent, there appears to be a great deal of confusion upon the subject. Any society is competent to decide what shall constitute one of its sessions, but, where there is no rule on the subject, the common parliamentary law would make each of its regular or special meetings a separate session, as they are regarded in this Manual.

The disadvantages of a rule making a session include all the meetings of an ordinary society, held during a long time as one year, are very great. [Examine Indefinitely Postpone, § 24, and Renewal of a Motion, § 26.] If members of any society take advantage of the freedom allowed by considering each regular meeting a separate session, and repeatedly renew obnoxious or unprofitable motions, the society can adopt a rule prohibiting the second introduction of any principal question [§ 6] within, say, three or six months after its rejection, or indefinite postponement, or after the society has refused to consider it. But generally it is better to suppress the motion by refusing to consider it [§ 15].

The Chairman should not take the chair till a quorum is present, except where there is no hope of there being a quorum, and then no business can be transacted, except simply to adjourn. So whenever during the meeting there is found not to be a quorum present, the only thing to be done is to adjourn—though if no question is raised about it, the debate can be continued, but no vote taken, except to adjourn.

In committee of the whole, the quorum is the same as in the assembly; in any other committee the majority is a quorum, without the assembly order otherwise, and it must wait for a quorum before proceeding to business. If the number afterwards should be reduced below a quorum, business is not interrupted, unless a member calls attention to the fact; but no question can be decided except when a quorum is present. Boards of Trustees, Managers, Directors, etc., are on the same footing as committees, in regard to a quorum. Their power is delegated to them as a body, and what number shall be present in order that they may act as a Board, is to be decided by the society that appoints the Board. If no quorum is specified, then a majority constitutes a quorum.

(1) Reading the Minutes of the previous meeting [and their approval].
(2) Reports of Standing Committees.
(3) Reports of Select Committees.
(4) Unfinished Business.
(5) New Business.

Boards of Managers, Trustees, etc., come under the head of standing committees. Questions that have been postponed from a previous meeting, come under the head of unfinished business; and if a subject has been made a “special order” for the day, it shall take precedence of all business except reading the minutes. If it is desired to transact business out of its order, it is necessary to suspend the rules [§ 18], which can only be done by a two-thirds vote; but as each subject comes up, a majority can at once lay it on the table [§ 19], and thus reach any question which they desire to first dispose of.

The order of business, in considering any report or proposition containing several paragraphs,* [No vote should be taken on the adoption of the several paragraphs,—one vote being taken finally on the adoption of the whole paper. By not adopting separately the different paragraphs, it is in order, after they have all been amended, to go back and amend any of them still further. In committee a similar paper would be treated the same way [see § 30]. In § 48 (b) an illustration is given of the practical application of this section.] is as follows:

The whole paper should be read entirely through by the clerk; then the Chairman should read it by paragraphs, pausing at the end of each, and asking, “Are there any amendments proposed to this paragraph?” If none are offered, he says, “No amendments being offered to this paragraph, the next will be read;” he then reads the next, and proceeds thus to the last paragraph, when he states that the whole report or resolutions have been read, and are open to amendment. He finally puts the question on agreeing to or adopting the whole paper as amended. If there is a preamble it should be read after the last paragraph.

If the paper has been reported back by a committee with amendments, the clerk reads only the amendments, and the Chairman then reads the first and puts it to the question, and so on till all the amendments are adopted or rejected, admitting amendments to the committee’s amendments, but no others. When through with the committee’s amendments, the Chairman pauses for any other amendments to be proposed by the assembly; and when these are voted on, he puts the question on agreeing to or adopting the paper as amended. Where the resolutions have been just read by the member presenting them, the reading by the clerk is usually dispensed with without the formality of a vote. By “suspending the rules” [§ 18], or by general consent, a report can be at once adopted without following any of the above routine.