Felt’s Parliamentary Procedure/To Substitute

by Orson B. Felt

Layout 2

TO SUBSTITUTE.

141. A substitute is really equivalent to the amendment to strike out and insert, and is governed by the same rules. It is usually applied to a whole paragraph, or to a whole amendment; there is nothing, however, to prevent the substitution of certain words for words in the main or pending question, or to substitute one motion for another: but the words or proposition it is proposed to substitute must be germane or relevant to the original proposition.

It, therefore, embodies the two forms of amendment: to strike out a paragraph, and to insert another. If a question is under amendment a substitute for the whole is not in order until the amendment is first disposed of.

142. Example:

A offers a motion.

B offers a substitute for the motion.

C offers an amendment to the substitute.

The above should be acted upon in inverse order, i. e., beginning with C, unless the friends of A's motion desire to perfect it by amendment before the substitute is acted upon. The friends of both—the motion and substitute—beginning with the motion, have a right to perfect them before the test vote is taken.

Example:

A offers a motion.

B offers an amendment.

C offers an amendment to the amendment.

D offers a substitute for A's motion.

E offers an amendment to the substitute.

In this example A's motion should first be perfected by acting upon its pending amendments and such other amendments as may be offered, then the substitute should be perfected in like manner, then comes the text vote to ascertain if the assembly prefers the substitute as perfected instead of the motion as perfected. If the result of the vote is in the negative, then the question recurs on the adoption or rejection of the motion as perfected.

If the test vote is in the affirmative the question recurs on the adoption or rejection of the substitute, as perfected.

143. If the result of the test vote is in the affirmative, then the substitute takes the place of the proposition for which it was offered and is the question before the assembly; it, therefore, follows that if the proposition for which it was offered is one that had been acted upon and was in force (such as a section of the by-laws), then the substitute is in force without further action. If, however, the substitute was offered for some proposed action which the assembly has not yet adopted, it is simply a question as to which the assembly prefers, and if the substitute is carried it takes the place of such proposed action and is subject to further modification by amendment, postponement, commitment, or other action. The assembly may reject both motion and substitute.

Note.—In legislative assemblies bills are often referred to a committee to examine and put into proper form, with such recommendations as the committee may offer for the action of the assembly. And said committee, after deliberation, often offers another bill on the same subject as a substitute for the original bill, or any member may offer such a substance. This is what is known as a “substitute bill.”