Pocket Manual of Rules of Order for Deliberative Assemblies/Article 12

by Henry M. Robert

Layout 2

 

Art. XII. Motions.

55. Motions Classified According to their Object. Instead of immediately adopting or rejecting a resolution as originally submitted, it may be desirable to dispose of it in some other way, and for this purpose various motions have come into use, which can be made while a resolution is being considered, and, for the time being, supersede it. No one can make any of these motions while another member has the floor, excepting as shown in the Table of Rules: the circumstances under which each motion can be made are shown in the Order of Precedence of Motions, p. 10.

The following list comprises most of these motions, arranged in eight classes, according to the object for which each motion is used:

MOTIONS CLASSIFIED ACCORDING TO THEIR OBJECT.

[The object to be attained is printed thus: ‘‘(a) To defer action;” the motions to accomplish this object are printed in Italics under the object, and marked (a), (b), etc.; the difference in the use of these motions is shown in the section referred to.]

(1)	To Modify or Amend	[§ 56]
	(a) Amend.
	(b) Commit.
(2)	To Defer Action	[§ 57]
	(a) Postpone to a Certain Time.
	(b) Lie on the Table.
(3)	To Suppress Debate	[§ 58]
	(a) Previous Question.
	(b) An Order Limiting or Closing Debate.
(4)	To Suppress the Question	[§ 59]
	(a) Objection to its Consideration.
	(b) Postpone Indefinitely.
	(c) Lie on the Table.
(5)	To Consider a Question the Second Time	[§ 60]
	(a) Reconsider.
(6)	Order and Rules	[§ 61]
	(a) Orders of the Day.
	(b) Special Orders.
	(c) Suspension of the Rules.
	(d) Questions of Order.
	(e) Appeal.
(7)	Miscellaneous	[§ 62]
	(a) Reading of Papers.
	(b) Withdrawal of a Motion.
	(c) Questions of Privilege.
(8)	To Close a Meeting	[§ 63]
	(a) Fix the Time to which to Adjourn.
	(b) Adjourn.

56. To Modify or Amend. (a) Amend. If it is desired to modify the question in any way, the proper motion to make is “to amend,” either by “adding” words, or by “striking out” words; or by “striking out certain words and inserting others;” or by “substituting” a different motion on the same subject for the one before the assembly; or by “dividing the question” into two or more questions, as the mover specifies, so as to get a separate vote on any particular point or points. Sometimes the enemies of a measure seek to amend it in such a way as to divide its friends, and thus defeat it.

When the amendment has been moved and seconded, the Chairman should always state the question distinctly, so that every one may know exactly what is before them, reading first the paragraph which it is proposed to amend; then the words to be struck out, if there are any; next, the words to be inserted, if any; and finally, the paragraph as it will stand if the amendment is adopted. He then states that the question is on the adoption of the amendment, which is open to debate, the remarks being confined to the merits of the amendment, only going into the main question so far as is necessary in order to ascertain the propriety of adopting the amendment.

This amendment can be amended, but an “amendment of an amendment” cannot be amended. None of the undebatable motions mentioned in § 35, except to fix the time to which to adjourn, to extend the limits of debate, and to close or limit debate, can be amended, nor can the motion to postpone indefinitely.

(b) Commit. If the original question is not well digested, or needs more amendment than can well be made in the assembly, it is usual to move “to refer it to a committee.” This motion can be made while an amendment is pending, and it opens the whole merits of the question to debate. This motion can be amended by specifying the number of the committee, or how they shall be appointed, or when they shall report, or by giving them any other instructions. [See §53 on committees, and § 46 (c) on their appointment. ]

57 To Defer Action. (a) Postpone to a Certain Time. If it is desired to defer action upon a question till a particular time, the proper motion to make is “to postpone it to that time.” This motion allows of but limited debate, which must be confined to the propriety of the postponement to that time; it can be amended by altering the time, and this amendment allows of the same debate. The time specified must not be beyond that session [§ 42] of the assembly, except it be the next session, in which case it comes up with the unfinished business at the next session. This motion can be made when a motion to amend, or to commit, or to postpone indefinitely, is pending.

(b) Lie on the Table. Instead of postponing a question to a particular time, it may be desired to lay it aside temporarily until some other question is disposed of, retaining the privilege of resuming its consideration at any time.^[1] The only way to accomplish this is to move that the question “lie on the table.” This motion allowing of neither debate nor amendment, the Chairman immediately puts the question; if carried, the whole matter is laid aside till the assembly vote to “take it from the table” (which latter motion is undebatable and possesses no privilege). Sometimes this motion is used to suppress a measure, as shown in § 59 (c).

58. To Suppress Debate.^[2] (a) Previous Question. While, as a general rule, free debate is allowed upon every motion,^[3] which, if adopted, has the effect of adopting the original question or removing it from before the assembly for the session, yet, to prevent a minority from making an improper use of this privilege, it is necessary to have methods by which debate can be closed and final action can at once be taken upon a question.

To accomplish this, when any debatable question is before the assembly, it is only necessary for some one to obtain the floor and “call for the previous question;” this call being seconded, the Chairman, as it allows of no debate, instantly puts the question thus: “Shall the main question be now put?” If this is carried by a two-thirds vote [§ 39] all debate instantly ceases, excepting that in case the pending measure has been reported from a committee the member reporting it is, as in all other cases, entitled to the floor to close the debate; after which the Chairman immediately puts the questions to the assembly, first on the motion to commit, if it is pending; if this is carried, of course the subject goes to the committee; if, however, it fails, the vote is next taken on amendments, and finally on the resolution as amended.

If a motion to postpone, either definitely or indefinitely, or a motion to reconsider, or an appeal is pending, the previous question is exhausted by the vote on the postponement, reconsideration or appeal, and does not cut off debate upon any other motions that may be pending. If the call for the previous question fails—that is, the debate is not cut off— the debate continues the same as if this motion had not been made. The previous question can be called for simply on an amendment; and after the amendment has been acted upon, the main question is again open to debate.^[4]

(b) An Order Limiting or Closing Debate. Sometimes, instead of cutting off debate entirely, by ordering the previous question, it is desirable to allow of but very limited debate. In this case a motion is made to limit the time allowed each speaker, or the number of speeches on each side, or to appoint a time at which debate shall close and the question be put. The motion may be made to limit debate on an amendment, in which case the main question would afterwards be open to debate and amendment; or it may be made simply on an amendment of an amendment.

In ordinary societies, where harmony is so important, a two-thirds vote should be required for the adoption of any of the above motions to cut off or limit debate.^[5]

59. To Suppress the Question. (a) Objection to the Consideration of a Question. Sometimes a resolution is introduced that the assembly do not wish to consider at all, because it is profitless, or irrelevant to the objects of the assembly, or for other reasons. The proper course to pursue in such case is for some one, as soon as it is introduced, to “object to the consideration of the question.” This objection not requiring a second, the Chairman immediately puts the question: “Will the assembly consider this question?” If decided in the negative by a two-thirds vote, the question is immediately dismissed, and cannot be again introduced during that session. This objection must be made when the question Is first introduced, before it has been debated, and it can be made when another member has the floor.

(b) Postpone Indefinitely. After the question has been debated, the proper motion to use in order to suppress the question for the session, is to postpone indefinitely. It cannot be made while any motion except the original or main question is pending, but it can be made after an amendment has been acted upon, and the main question, as amended, is before the assembly. It opens the merits of the main question to debate to as great an extent as if the main question were before the assembly. On account of these two facts, in assemblies with short sessions it is not very useful, as the same result can usually be more easily attained by the next motion.

(c) Lie on the Table. If there is no possibility during the remainder of the session of obtaining a majority vote for taking up the question, then the quickest way of suppressing it is to move “that the question lie on the table;” which, allowing of no debate, enables the majority to instantly lay the question on the table, from which it cannot be taken without their consent.

From its high rank [see p. 10] and undebatable character, this motion is very commonly used to suppress a question, but, as shown in § 57 (b), its effect is merely to lay the question aside till the assembly choose to consider it, and it only suppresses the question so long as there is a majority opposed to its consideration.

60. To Consider a Question a Second Time. Reconsider. When a question has been once adopted, rejected or suppressed it cannot be again considered during that session [§ 42], except by a motion to “reconsider the vote” on that question. This motion can only be made by one who voted on the prevailing side, and on the day the vote was taken which it is proposed to reconsider.^[6] It can be made and entered on the minutes in the midst of debate, even when another member has the floor, but cannot be considered until there is no question before the assembly, when, if called up, it takes precedence of every motion except to adjourn and to fix the time to which the assembly shall adjourn.

A motion to reconsider a vote on a debatable question, opens to debate the entire merits of the original motion. If the question to be reconsidered is undebatable, then the reconsideration is undebatable.

If the motion to reconsider is carried, the Chairman announces that the question now recurs on the adoption of the question, the vote on which has been just reconsidered; the original question is now in exactly the same condition that it was in before the first vote was taken on its adoption, and must be disposed of by a vote.

When a motion to reconsider is entered on the minutes, it need not be called up by the mover till the next meeting, on a succeeding day.^[7] If he fails to call it up then, any one else can do so. But should there be no succeeding meeting, either adjourned or regular, within a month, then the effect of the motion to reconsider terminates with the adjournment of the meeting at which it was made, and any one can call it up at that meeting.

In general no motion (except to adjourn) that has been once acted upon can again be considered during the same session, except by a motion to reconsider. [The motion to adjourn can be renewed if there has been progress in business or debate, and it cannot be reconsidered.] But this rule does not prevent the renewal of any of the motions mentioned in § 7, provided the question before the assembly has in any way changed; for in this case, while the motions are nominally the same, they are in fact different.^[8]

61. Order and Rules. (a) Orders of the Day. Sometimes an assembly decides that certain questions shall be considered at a particular time, and when that time arrives those questions constitute what is termed the “orders of the day;” and if any member “calls for the orders of the day,” as it requires no second, the Chairman immediately puts the question thus: “Will the assembly now proceed to the orders of the day?” If carried, the subject under consideration is laid aside, and the questions appointed for that time are taken up in their order. When the time arrives the Chairman may state that fact, and put the above question without waiting for a motion; or, he can announce the orders of the day without taking any vote, if no one objects. If the motion fails, the call for the orders of the day cannot be renewed till the subject then before the assembly is disposed of.^[9]

(b) Special Order. If a subject is of such importance that it is desired to consider it at a special time, in preference to the orders of the day and established order of business, then a motion should be made to make the question a “special order” for that particular time. This motion requires a two-thirds vote for its adoption, because it is really a suspension of the rules, and it is in order whenever a motion to suspend the rules is in order. If a subject is a special order for a particular day, then on that day it supersedes all business except the reading of the minutes. A special order can be postponed by a majority vote. If two special orders are made for the same day, the one first made takes precedence.

(c) Suspension of the Rules. It is necessary for every assembly, if discussion is allowed, to have rules to prevent its time being wasted, and to enable it to accomplish the object for which the assembly was organized; and yet at times their best interests are subserved by suspending their rules temporarily. In order to do this some one makes a motion “to suspend the rules that interfere with,” etc., stating the object of the suspension. If this motion is carried by a two-thirds vote, then the particular thing for which the rules were suspended can be done. By “general consent,” that is, if no one objects, the rules relating to the transaction of business can at any time be ignored without the formality of a motion.

(d) Questions of Order. It is the duty of the Chairman to enforce the rules and preserve order, and when any member notices a breach of order he can call for the enforcement of the rules. In such cases, when he rises he usually says: “Mr. Chairman, I rise to a point of order.” The Chairman then directs the speaker to take his seat, and, having heard the point of order, decides the question and permits the first speaker to resume his speech, directing him to abstain from any conduct that was decided to be out of order. When a speaker has transgressed the rules of decorum he cannot continue his speech if any one objects, unless permission is granted him by a vote of the assembly. Instead of the above method, when a member uses improper language, some one says: “I call the gentleman to order,” when the Chairman decides as before whether the language is disorderly.

(e) Appeal. While on all questions of order, and of interpretation of the rules, and of priority of business, it is the duty of the Chairman to first decide the question, it is the privilege of any member to “appeal from the decision.” If the appeal is seconded, the Chairman states his decision, and that it has been appealed from, and then states the question thus: “Shall the decision of the Chair stand as the judgment of the assembly [or society, convention, etc.]?”

The Chairman can then, without leaving the chair, state the reasons for his decision, after which it is open to debate (no member speaking more than once), excepting in the following cases, when it is undebatable: (1) When it relates to transgressions of the rules of speaking, or to some indecorum, or to the priority of business; and (2) when the previous question was pending at the time the question of order was raised. After the vote is taken, the Chairman states that the decision of the Chair is sustained, or reversed, as the case may be.

62. Miscellaneous. (a) Reading of Papers and (b) Withdrawal of a Motion. If a speaker wishes to read a paper, or a member to withdraw his motion after it has been stated by the Chair, it is necessary, if any one objects, to make a motion to grant the permission.

(c) Questions of Privilege. Should any disturbance occur during the meeting, or anything affecting the rights of the assembly, or any of the members, any member may "rise to a question of privilege," and state the matter, which the Chairman decides to be, or not to be, a matter of privilege.^[10] (From the Chairman's decision of course an appeal can be taken.) If the question is one of privilege, it supersedes, for the time being, the business before the assembly; its consideration can be postponed to another time, or the previous question can be ordered on it so as to stop debate, or it can be laid on the table, or referred to a committee to examine and report upon it. As soon as the question of privilege is in some way disposed of, the debate which was interrupted is resumed.

63. To Close the Meeting. (a) Fix the Time to which to Adjourn.

If it is desired to have an adjourned meeting of the assembly, it is best some time before its close to move, "That when this assembly adjourns, it adjourns to meet at such a time," specifying the time. This motion can be amended by altering the time, but if made when another question is before the assembly, neither the motion nor the amendment can be debated. If made when no other business is before the assembly, it stands as any other main question, and can be debated. This motion can be made even while the assembly is voting on the motion to adjourn, but not when another member has the floor.

(b) Adjourn. In order to prevent an assembly from being kept in session an unreasonably long time, it is necessary to have a rule limiting the time that the floor can be occupied by any one member at one time.^[11] When it is desired to close the meeting, unless the member who has the floor will yield it, the only resource is to wait till his time expires, and then a member who gets the floor should move “to adjourn.” The motion being seconded, the Chairman instantly puts the question, as it allows of no amendment or debate; and if decided in the affirmative he says, “The motion is carried; this assembly stands adjourned.” If the assembly is one that will have no other meeting, instead of “adjourned,” he says, “adjourned without day,” or “sine die.” If previously it had been decided when they adjourned to adjourn to a particular time, then he states that the assembly stands adjourned to that time. If the motion to adjourn is qualified by specifying the time, as, “to adjourn to to-morrow evening,” it cannot be made when any other question is before the assembly; like any other main motion, it can then be amended and debated.^[12]

1. In Congress this motion is commonly used to defeat a measure, though it does not prevent a majority from taking it up at any other time. Some societies prohibit a question from being taken from the table, except by a two-thirds vote. This rule deprives the society of the advantages of the motion ‘‘to lie on the table,’’ because it would not be safe to lay a question aside temporarily, if one-third of the assembly were opposed to the measure, as that one-third could prevent its ever being taken from the table. A bare majority should not have the power, in ordinary societies, to adopt or reject a question, or prevent its consideration, without debate. [See note at end of § 35, on the principles involved in making questions undebatable.]
2. These motions are strictly for closing or limiting debate, and may be used by either the friends or enemies of a measure. The enemies of a measure may also close debate by suppressing the question itself, as shown in § 59 (a, c).
3. Except an ‘‘objection to the consideration of the question” [§ 59 (a)]. See note to § 35 for a full discussion of this subject of debate.
4. As the Previous Question is so generally misunderstood, it would be well to read also what is said upon this subject in § 20.
5. In the House of Representatives these motions require only a majority vote for their adoption. In the Senate, on the contrary, not even two-thirds of the members can force a measure to its passage without allowing debate, the Senate rules not recognizing the above motions.
6. In Congress it can be made on the same or succeeding day; and if the yeas and nays were not taken on the vote, any one can move the reconsideration. The yeas and nays are, however, ordered on all important votes in Congress, which is not the case in ordinary societies.
7. If the assembly has not adopted these or similar rules, this paragraph would not apply; but this motion to reconsider would, like any other motion, fall to the ground if not acted upon before the close of the session at which the original vote was adopted.
8. Thus to move to postpone a resolution is a different question from moving to postpone it after it has been amended. A motion to suspend the rules for a certain purpose cannot be renewed at the same meeting, but can be at an adjourned meeting. A call for the orders of the day, that has been negatived, cannot be renewed while the question then before the assembly is still under consideration. [See § 27 for many peculiarities of this motion. ]
9. See § 13 for a fuller explanation.
10. A personal explanation is not a matter of privilege. It can be made only by leave of the assembly implied or expressed.
11. Ten minutes is allowed by these rules.
12. See § 11 for effect of an adjournment upon unfinished business.