Felt’s Parliamentary Procedure/Appeal

by Orson B. Felt

Layout 2

APPEAL.

124. The will of the majority is the supreme power in all deliberative assemblies. If, therefore, any member thinks the chairman has not decided the question correctly, or in accordance with justice, or if he considers himself aggrieved by a decision of the chairman, or if any member desires to correct a decision of the chair which was hastily or erroneously made, or possibly made under undue influence, it is the privilege of any member to appeal to the assembly. The object of an appeal is to give the assembly an opportunity to correct such decision.

The form is, “I appeal from the decision of the chair.” An appeal must be made at once or the question is presumed to have been correctly decided and is not afterward subject to appeal. This does not require recognition from the chair, is debatable, unless it refers to indecorum, or a violation of the rules, or to priority of business. The presiding officer has precedence, and also the right to speak without leaving his chair.

While a point of order (32) is undebatable, unless so requested by the chair, an appeal from a decision of the chair on a point of order is debatable. If, however, any appeal has interrupted an undebatable question, it is then undebatable.

125. When an appeal is made to the chairman may or may not state his reasons for his decision without leaving the chair, and say, “Shall the decision of the chair be sustained?” when a vote will be taken. If the vote is in the affirmative, the chair is sustained, or if the vote is a tie the chair is sustained, because a decision of the chair can only be reversed by a majority of the assembly. If the vote is in the negative the appeal is sustained and the decision is changed accordingly.

An appeal is not in order when another appeal is pending. It may be made when the previous question (97) is pending; but if made at such a time the appeal cannot be debated. It cannot be amended. It may be reconsidered whether the decision of the chair is, or is not, sustained, unless immediate action has followed the vote on the appeal. An appeal may be laid on the table, but the effect of laying it on the table is to sustain the chair only until the appeal is acted upon. The appeal, if laid on the table, does not carry to the table the question to which it is incidental.