Felt’s Parliamentary Procedure/Voting

by Orson B. Felt

Layout 2

VOTING.

47. The methods of voting in general use are:

1st. By sound, commonly called the Ayes and Noes, or the viva voce vote, in which the chair decides by the volume of voice whether the ayes or the noes are in the majority.

2nd. By rising, or by uplifted hands, in which the chair, or some one designated by the chair, counts the vote.

3rd. By the Yeas and Nays, in which the roll is called and the vote recorded by the clerk. This method of voting is rarely used except in an assembly whose members are responsible to a constituency and is peculiar to legislative bodies. Its object is to hold each member personally responsible to his constituents.

It is usually ordered by vote of one-fifth of the members present. In legislative bodies, such as legislatures, city councils, etc., where constituents have a right to know how the members vote, a small number of the members should be able to order the vote taken by the yeas and nays, and this should be provided for in the rules.

4th. By ballot, in which each member deposits his vote. It is the only method by which secrecy is preserved, and is generally used in elections to membership and to office, where the members do not desire to express their preferences openly. The principle underlying all elections is the right of the voter to a secret expression of opinion.

48. In most societies it is provided in the constitution or by-laws that elections to membership and to office shall be by ballot When such elections have been by ballot, that vote should not be reconsidered (135). In counting the ballots, all votes cast for an eligible candidate are legal and should be counted, whether the candidate was nominated or not, and if any eligible person receives the requisite number of votes he is legally elected. In assemblies where a majority of all votes cast is required to elect, all votes cast for ineligible candidates should be counted in determining the number of votes cast (unless the voters had notice of the ineligibility of the candidate before voting), but when an ineligible candidate receives the requisite number of votes to elect, there must be a new election.

In determining how many votes have been cast, blanks should not be counted, because by casting a blank the member shows that he has no preference between the candidates and is willing to abide by the result.

40. If after voting on any question by the Ayes and Noes, the chair is in doubt, or if before or after the decision by the chair, and before other business has been taken up by the assembly, any member calls for a division of the vote, a rising vote is taken. The chair will say, “As many as are in favor of —— will rise and remain standing until counted.” After the count he will say, “The ayes will be seated and the noes will rise.” The chair may count the vote or appoint tellers, or any disinterested member, to count it and announce the vote to him; the chair then announces the result to the assembly. After the vote has been counted, and verified by a rising vote, or otherwise, another verification of the vote is not in order except by general consent, or after reconsideration of the former vote. (135.) Debate cannot interfere with the verification of the vote.

50. A member has a right to change his vote (when not made by ballot) before the decision of the question has been announced by the chair; but not afterward. In most legislative assemblies, or in assemblies whose members are responsible to a constituency, members are permitted to change their vote (even after the result has been announced by the chair) as long as this change does not alter the result. They are by this means able to appear on the right side in the eyes of their constituents. This practice, however, should only be allowed by unanimous consent, since it has the disadvantage of allowing a member of the defeated party the right to move to reconsider. The chairman is entitled to vote when the vote is by ballot, and in all other cases when his vote will change the result. (^[1]Notes to section 52.) Therefore, when there is a tie vote the motions fails unless the chair votes in the affirmative, or when his vote will make a tie, he can cast it and thus defeat the measure. In the case where a two-third vote in 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 majority when it will make a two-third vote and thus cause the motion to carry. In any of these cases the chair may vote or refrain from voting.

51. If the vote is by the Yeas and Nays, the chairman's name should be the last called, in order that the assembly may not be in any way influenced by his vote. If, however, the chairman's name is called in alphabetical order with the other members, he may refrain from voting, and if the vote is a tie he may have his vote recorded and thus decide the question. If the vote is by ballot, the chairman must cast his vote before the tellers have commenced to count the ballots, or his right to vote is lost.

52. It is the duty of members to vote when clear as to their convictions; but while a society may make a rule making it obligatory upon all members present to vote on every question, there is no rule in parliamentary law requiring that all members of the assembly vote on any question; therefore, by a majority vote is meant a majority of the members voting on the question, not a majority of all the members, nor of the members present. Those who sit silent are regarded as agreeing to the result, be it in the affirmative or negative. When there is no response on either side it is assumed that the assembly has no interest in the question and the chair may declare the result in the affirmative or negative. Said vote is subject to verification as in doubting the vote. (49.)

1. Note.—It will be seen that the above rule from Robert's Rules of Order, section 40, confers great power upon the chair, possibly too much in assemblies where the lines are closely drawn, or where party feeling runs high. Therefore, while good authorities may concede this right, and many presiding officers under certain circumstances would exercise the right, yet since the general practice in ordinary deliberative assemblies contradicts this, it seems wiser for the chairman to refrain from voting, except when the vote is by ballot, or when necessary to decide a tie vote.