Robert's Parliamentary Practice/Chapter 12
CHAPTER XII.
MOTIONS TO BRING A QUESTION AGAIN BEFORE THE ASSEMBLY.
Take a Question from the Table.
Take up a Postponed Question before its Proper Time.
Discharge a Committee.
Reconsider.
Reconsider and Have Entered on the Minutes.
Rescind or Repeal.
Renewal of Motions.
It is a settled principle of parliamentary law that when an assembly has decided a question, it is not permissible during the same session to introduce again the same question or one so similar that the action in the two cases would naturally be the same; but the vote deciding the question may be reconsidered under conditions described hereafter, page 80, and the action thereon may be modified or even reversed. So, also, it is an established rule that no question can be introduced so similar to one already introduced in the assembly and only temporarily disposed of (by being laid on the table, or postponed, or committed) that the adoption of the new motion would interfere with the freedom of the assembly in dealing with the previous motion when it again comes before the assembly. another principle of American parliamentary law is that an assembly has a right, by a two-thirds vote, to suspend any rule of parliamentary procedure that does not protect absentees or a minority smaller than one-third. These principles taken together give to members the greatest freedom to introduce and to discuss questions that is compatible with the best interests of the entire assembly.
Take a Question from the Table. In Chapter XI was described the method of laying questions on the table. When it is desired to resume the consideration of such a question, a motion is made in a form similar to this: "I move to take from the table the resolution relating to ——." This motion may be made at any time when no question is pending, and when business of this class or new or unfinished business is in order. It is undebatable and no subsidiary motion can be applied to it. If the motion is adopted the chair immediately states the question which is in exactly the same condition that it was when it was laid on the table, excepting that if not taken up until the next session, orders limiting or closing debate are ignored.
Take Up a Postponed Question Before Its Proper Time. A question postponed to a certain time cannot be taken up before that time except by suspending the rules for this purpose, which requires a two-thirds vote. This motion can be made only when nothing is pending. It is undebatable and cannot be amended or have any other subsidiary motion applied to it. The motion may be made in this form: "I move to suspend the rules and take up the resolution on ———."
Discharge a Committee. If a question has been referred to a committee, the assembly cannot consider it so long as it is in the hands of the committee. If the committee has not yet taken up the subject, the vote referring it to the committee may be reconsidered and voted down, provided the time for making the motion to reconsider has not expired. If the vote cannot be reconsidered, the only way to get the question out of the hands of the committee is to order the committee to report at a certain time, or to discharge the committee. As this latter motion reverses action previously taken by the assembly, it requires a two-thirds vote, or a vote of a majority of the membership, for its adoption, unless the committee fails to report as ordered, or makes only a partial report, or previous notice of the motion to discharge the committee has been given, in which cases it may be adopted by a majority vote. It is debatable. The motion in case of a special committee is simply "to discharge the committee." In case of a standing committee the motion is, "to discharge the committee on ——— from the further consideration of the resolution on ———."
When a committee makes its final report on a subject, if a special committee, it is automatically discharged, and if a standing committee, it is discharged from the further consideration of that subject, so no vote is taken to discharge the committee.
Reconsider. A question that has been adopted, rejected, or postponed indefinitely cannot be considered again during the same session except by a motion to reconsider the vote disposing of that question. The motion can be made only by one who voted with the prevailing side, and on the day or the day after the vote which it is proposed to reconsider was taken. Any member may second it. It can be made even after the floor has been assigned to another, provided it is made before the member has commenced speaking. If no question is pending when the reconsideration of a main question is moved, the chair states the question on the reconsideration immediately unless the mover requests otherwise, in which case his wishes are usually respected. If not acted upon at the time, it is customary to wait until the mover calls up the reconsideration, provided the delay is not unreasonable.
It cannot be considered until such a time as the motion to be reconsidered would be in order if that motion had not been previously made. If, while a main motion is pending, it is moved to reconsider the vote on a subsidiary motion, the chair states the question on the reconsideration as soon as the subsidiary would be in order if it had not been made previously. Thus, if while a main motion and the motion to postpone are pending, it is moved to reconsider the vote adopting an amendment, the chair announces the motion to reconsider but does not state it until after the motion to postpone is rejected, at which time he states the question on reconsidering the amendment. If the motion to postpone is adopted then the motion to reconsider is stated as soon as the main motion is again taken up.
To reconsider is debatable when the motion to be reconsidered is debatable, and in such a case the latter is open to debate while the motion to reconsider is immediately pending. In fact, this is the proper time to discuss the question to be reconsidered so as to show the necessity for reconsidering the vote and reversing or modifying the action previously taken.
When a resolution has been finally disposed of, the form of the motion to reconsider is, "I move to reconsider the vote on the resolution ———." If it is desired to reconsider the vote on an amendment before the resolution has been finally disposed of, the form is, "I move to reconsider the vote on the amendment to strike out ——— from the resolution." If it is desired to reconsider the vote on the amendment after the resolution has been finally disposed of, the form is, "I move to reconsider the votes on the resolution ——— and its amendment ———."
Merely making the motion to reconsider has the effect of suspending all action required by the motion to be reconsidered. If not called up previously this effect ceases at the end of the next session in ordinary societies having regular meetings as often as quarterly. In other organizations, such as convections, if not called up previously its effect ends with the session. Thus, if an ordinary society has adopted a resolution directing a certain bill to be paid and the motion to reconsider is made, the order is suspendend until the close of the next session unless the reconsideration is called up previously and acted upon. No motion can be reconsidered twice unless it has been materially amended since its first reconsideration. It requires only a majority vote to reconsider a motion even though that motion requires a two-thirds vote for its adoption. A list of the motions that cannot be reconsidered will be found on page 172. [For fuller explanation of this motion, see R. O. R., pages 156-168.]
Reconsider and Have Entered on the Minutes. This form of the motion to reconsider can be made even after the motion to reconsider has been made but only on the day the vote which it is proposed to reconsider was taken. It can be applied only to a vote adopting, or rejecting, or postponing indefinitely a main question. It is designed, and its effect is, simply to protect the assembly from the action of a temporary majority in an unrepresentative meeting which is opposed to the will of the real majority. Its name should not be construed to imply that the ordinary motion to reconsider is not entered on the minutes, but it is a condensed form of a motion to reconsider the vote and have the motion entered on the minutes to be called up at the next meeting.
Rescind or Repeal. Any action except those in the list page 173, may be rescinded by the body that took the action. This may be done by a majority vote provided notice of the motion has been given at the previous meeting or in the call for this meeting; or any action may be rescinded without notice by a two-thirds vote or by a vote of the majority of the entire membership. The unexecuted part of an order may be rescinded by a similar vote. To rescind is identical with the motion to amend by striking out something previously adopted, and in case of by-laws or other rules it requires previous notice the same as an amendment. It is a main motion and any member may make it when no business is pending. There is no limitation (as there is with Reconsider) as to the time when it may be made. It. is subject to subsidiary motions the same as any other main motion. It is debatable and opens the main question to debate. Notice of this motion may be given when another question is pending in just the same way as with reconsider. To rescind is not in order if the question can be reached by calling up the motion to reconsider.
Renewal of Motions. No main motion or amendment can be introduced a second time during the same session unless it was withdrawn the first time. Nor can a main motion or amendment be introduced if a similar motion is in the possession or under the control of the assembly so that by other means the motion can be brought up again if the assembly so desires. As a general rule no motion can be renewed at the same session unless there has been such a change in the conditions as to make the question a new one. Thus, to lay on the table after a material amendment has been voted on is a different question from to lay on the table before that vote was taken. The list of motions that cannot be renewed will be found on page 174.
Practice Work.
(1) Outline the three principles of parliamentary law discussed in paragraph 1.
(2) Take a Question from the Table: How soon after it is laid on the table, may it be taken from the table? How late after?[1] Give the form of the motion.
(3) Take up a Postponed Question before its Proper Time: How does the first rule mentioned under this head protect absentees?
(4) Discharge a Committee: Is any vote necessary to discharge a committee when it has made its report? When may a majority vote discharge a committee?
(5) Reconsider: Who is allowed to make the motion to reconsider? Who may second it? When may such a motion be made? What privilege as to interruption has it?
(6) Explain the forms used
(7) What is the effect of making the motion to reconsider? If it is not called up at the same or the next session, what is the effect? What vote is required to adopt the motion to reconsider? What vote is required on the reconsidered motion?
(8) What is the effect of the adoption of the motion to Reconsider and Have Entered on the Minutes?
(9) Who may make the motion to Rescind? State some other points in which it is unlike Reconsider?
(10) In a general way what motions or amendments cannot be renewed?- ↑ See page 72.