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Art. 8. Vote.

46. Voting
47. Votes that are Zippo and Void even if Unanimous
48. Motions requiring more than than a majority

46. Voting. If the question is undebatable, or debate has been closed by order of the associates, the chair, immediately afterward stating the question, puts it to vote every bit described under Putting the Question [9], only allowing time for members to rise if they wish to make a movement of college rank.

If the question is debatable and no i rises to claim the floor, after the question is stated past the chair, he should inquire, "Are yous fix for the question?" Afterwards a moment'due south pause, if no one rises, he should put the question to vote. If the question is debated or motions are made, the chair should look until the debate has apparently ceased, when he should once more inquire, "Are you ready for the question?" Having given aplenty time for any one to rise and merits the floor, and no one having done so, he should put the question to vote and announce the consequence.

The usual method of taking a vote is viva voce (by the voice). The rules require this method to be used in Congress. In small-scale assemblies the vote is ofttimes taken by "show of hands," or past "raising the correct hand" as it is also chosen. The other methods of voting are past rising; by ballot; past roll telephone call, or "yeas and nays," as it is likewise chosen; by full general consent; and by mail. In voting past any of the first iii methods, the affirmative answer aye, or raise the right hand, or ascension, every bit the case may be: so the negative reply no, or enhance the right hand, or rising.

The responsibility of announcing, or declaring, the vote rests upon the chair, and he, therefore, has the right to accept the vote taken over again, by rising, if he is in uncertainty as to the result, and even to take the vote counted, if necessary. He cannot have the vote taken by election or by yeas and nays (scroll phone call) unless it is required by the rules or by a vote of the assembly. But if the viva voce vote does not make him positive equally to the result he may at in one case say, "Those in favor of the movement volition ascent;" and when they are seated he will continue, "Those opposed will rise." If this does not enable him to determine the vote, he should say, "Those in favor of the motion [or, Those in the affirmative] volition rise and stand until counted." He then counts those standing, or directs the secretary to practice so, so says, "Exist seated. Those opposed [or, Those in the negative] rise and stand until counted." After both sides are counted the chair announces the result as shown below. In a very big assembly the chair may detect information technology necessary to appoint tellers to count the vote and report to him the numbers. In small assemblies a show of hands may exist substituted for a rising vote.

When the vote is taken by vox or show of hands any member has a right to require a division of the assembly [25] by having the affirmative rise and so the negative, so that all may run across how members vote. Either before or after a conclusion any fellow member may call for, or need, a count, and, if seconded, the chair must put the question on ordering a count. In organizations where it is desired to let less than a majority vote to order a count or tellers, a special rule should exist adopted specifying the necessary vote. Where no rule has been adopted a majority vote is required to order a count, or that the vote exist taken past ballot or by yeas and nays (whorl call).

Announcing the Vote. When the vote has been taken and so that the chair has no doubt as to the event, and no partitioning is called for, or, if so, the assembly has divided, the chair proceeds to denote, or declare the vote thus: "The ayes have information technology and the resolution is adopted." If he is non very positive, he may say, "The ayes seem to accept it," and, if no i says he doubts the vote or calls for a division, after a slight suspension he adds, "The ayes take information technology," etc. If the vote was past prove of easily or by rising, it would be announced thus: "The affirmative has information technology (or, the motility is carried) and the question is laid on the table;" or if at that place was a count, the vote would be appear thus: "There are 95 votes in the affirmative, and 99 in the negative, then the amendment is lost, and the question is at present on the resolution; are yous fix for the question?" In announcing a vote the chair should state starting time whether the motion is carried or lost; second, what is the effect, or result, of the vote; and tertiary, what is the immediately awaiting question or concern, if there is whatsoever. If there is none, he should ask, "What is the further pleasance of the associates?" One of the most prolific causes of defoliation in deliberative assemblies is the neglect of the chair to keep the assembly well informed every bit to what is the pending business. The habit of announcing the vote by simply maxim that the "motion is carried" then sitting down, cannot exist also strongly condemned. Many members may non know what is the effect of the vote, and information technology is the chair's duty to inform the assembly what is the result of the move's being carried or lost, and what business concern comes next earlier the assembly.

When a quorum [64] is present, a majority vote, that is a majority of the votes bandage, ignoring blanks, is sufficient for the adoption of any move that is in order, except those mentioned in 48, which require a 2-thirds vote. A plurality never adopts a move nor elects whatever one to office, unless by virtue of a special dominion previously adopted. On a tie vote the motility is lost, and the chair, if a fellow member of the assembly, may vote to brand it a tie unless the vote is by election. The chair cannot, however, vote twice, kickoff to make a necktie and and then give the casting vote. In case of an appeal [21], though the question is, "Shall the conclusion of the chair stand up as the judgment of the assembly?" a tie vote, fifty-fifty though his vote made it a necktie, sustains the chair, upon the principle that the conclusion of the chair can be reversed only by a majority, including the chair if a member of the assembly.

It is a full general dominion that no one can vote on a question in which he has a direct personal or pecuniary interest. Yet this does non forestall a member from voting for himself for any function or other position, as voting for a delegate or for a member of a committee; nor from voting when other members are included with him in the motion, even though he has a personal or pecuniary interest in the upshot, equally voting on charges preferred against more than one person at a fourth dimension, or on a resolution to increase the salaries of all the members. If a member could in no example vote on a question affecting himself, it would exist impossible for a club to vote to hold a banquet, or for a legislature to vote salaries to members, or for the majority to prevent a small minority from preferring charges confronting them and suspending or expelling them. By simply including the names of all the members, except those of their own faction, in a resolution preferring charges against them, the minority could go all the ability in their own hands, were it not for the fact that in such a case all the members are entitled to vote regardless of their personal involvement. A sense of delicacy usually prevents a fellow member from exercising this right of voting in matters affecting himself except where his vote might bear upon the result. Afterward charges are preferred against a member, and the assembly has ordered him to announced for trial, he is theoretically under abort, and is deprived of all rights of membership and therefore cannot vote until his case is tending of.

A fellow member has the correct to change his vote upwardly to the fourth dimension the vote is finally announced. After that, he can make the change merely past permission of the assembly, which may be given by general consent; that is, past no member's objecting when the chair inquires if any 1 objects. If objection is made, a motion may be made to grant the permission, which movement is undebatable.

While it is the duty of every member who has an opinion on the question to express it by his vote, however he cannot be compelled to do and then. He may prefer to abstain from voting, though he knows the effect is the same as if he voted on the prevailing side.

Voting by Ballot. The principal object of this form of voting is secrecy, and information technology is resorted to when the question is of such a nature that some members might hesitate to vote publicly their true sentiments. Its special use is in the reception of members, elections, and trials of members and officers, as well as in the preliminary steps in both cases, and the by-laws should require the vote to be by ballot in such cases. Where the by-laws do not crave the vote to be by ballot, it can be and then ordered by a majority vote, or past general consent. Such motions are undebatable. Voting by ballot is rarely, if ever, used in legislative bodies, but in ordinary societies, especially cloak-and-dagger ones, information technology is habitually used in connection with elections and trials, and sometimes for the choice of the adjacent place for the meeting of a convention. As the usual object of the ballot is secrecy, where the by-laws require the vote to be taken by election any motion is out of order which members cannot oppose without exposing their views on the question to be decided past ballot. Thus, it is out of order to motion that 1 person cast the ballot of the assembly for a certain person when the by-laws require the vote to be by ballot. So, when the election is non unanimous it is out of gild to move to make the vote unanimous, unless the motion is voted on past ballot so as to allow members to vote confronting information technology in secrecy.

In some cases blackness assurance and white ones and a election box are provided for voting, where the question can be answered yes or no. The white ball answers aye, and the black one no. Simply in ordinary deliberative assemblies the ballots are strips of paper upon which are printed, or written, yeah or no, or the names of the candidates, as the instance may be. These ballots are first distributed and are later collected by tellers, either by beingness dropped into a hat or box past the members, who remain in their seats, or by the members coming to the ballot box and handing their folded election to a teller, who deposits it in the ballot box. In the latter case it is necessary for the tellers to encounter that no member votes twice, which in large societies can be all-time washed past checking off the names from a list of members every bit the ballots are deposited. The ballots should commonly be folded so that if more than one is voted by the same person the tellers volition observe information technology in unfolding the election. In satisfying themselves that only 1 election is voted, the vote may exist exposed if the ballot is non folded.

When every 1 appears to accept voted, the chair inquires, "Take all voted who wish to?" and if at that place is no response he says, "The polls are closed," whereupon the tellers proceed to count the ballots. If in unfolding the ballots it is found that two take been folded together, both are rejected every bit fraudulent. A blank piece of newspaper is not counted as a election and would not crusade the rejection of the ballot with which information technology was folded. All blanks are ignored as simply waste matter newspaper, and are not reported, the members who do not wish to vote adopting this method of concealing the fact. Small technical errors, like the misspelling of a word, should not be noticed if the meaning of the ballot is clear. For instance, if at the trial of a fellow member a ballot was written "guilty," every ane knows what was intended. In all cases where the name on the ballot sounds similar the name of one of the candidates it should be so credited. If a election is written "Johnson," or "Johnston," or "Johnstone," it should be credited to the candidate whose name is ane of these: simply if there are ii candidates with these names and no eligible member with the name on the ballot, it must be rejected as illegal, or reported to the chair, who will at in one case submit the question to the assembly equally to whom the ballot should be credited. If these doubtful ballots will not affect the effect, the tellers may brand their full written report without request for instructions in regard to them, placing these hundred-to-one votes opposite the verbal name equally written on the ballot. Votes for ineligible persons and fraudulent votes should be reported under the heading of "Illegal Votes," after the legal votes. When ii or iii filled-out ballots are folded together they are counted equally one fraudulent vote. The names of the candidates should be arranged in order, the 1 receiving the highest number of legal votes beingness first. In reporting the number of votes cast and the number necessary for election, all votes except blanks must be counted. Suppose the tellers find 100 ballot papers, 4 of which are bare. 1 contains two filled-out ones folded together, and l are cast for a person who is ineligible because of having held the office equally long as permitted past the constitution: the tellers' study should be in this course:

Number of votes cast...................... 96
Necessary for election.................... 49
Mr. A received............................ 37
Mr. B received............................. 8

Illegal Votes .

Mr. C (ineligible) received............... fifty
Ane ballot containing two for Mr. D, folded
together, rejected as fraudulent........ 1

The teller first named, standing, addresses the chair, reads the study and hands it to the chairman, and takes his seat, without proverb who is elected. The chairman once again reads the written report of the tellers and declares who is elected. In the case only given he says there is no election, stating the reason. If no one is elected, it is necessary to ballot again, and to continue balloting until there is an election. The chairman should always vote in case of a election Should he neglect to do so earlier the polls are closed. he cannot then do it without the permission of the assembly. When the tellers report, they should manus the ballots to the secretarial assistant, who should retain them until it is sure that the assembly will not order a recount which is within its power to do by a majority vote.

Yeas and Nays,¹ or Roll Call. When a vote has been ordered to be taken past yeas and nays [meet 25 for the motility] the chair puts the question in a form like to this: "As many as are in favor of the adoption of these resolutions volition, as their names are called, answer yes [or yea]; those opposed will reply no [or nay]." The chairman then directs the clerk to call the scroll. The negative being put at the same time every bit the affirmative, it is likewise late, after 1 person has answered to the roll call, to renew the contend. The clerk calls the roll, and each member, as his name is called, rises and answers "aye" or "no," or "nowadays" if he does not wish to vote, and the clerk notes the answers in separate columns. Upon the completion of the roll call the clerk reads the names of those who answered in the affirmative, and afterwards those in the negative, and and then those who answered "present," that mistakes may be corrected; he then gives the number voting on each side to the chairman, who announces the upshot. An entry must be fabricated in the minutes of the names of all voting in the affirmative, and also of those in the negative, and those who answered "present." A convenient method of noting the answers at the curl call is to write the figure 1 on the left of the name of the start member answering in the affirmative, the figure 2 to the left of the 2nd name in the affirmative, and so on. The negative answers are treated similarly, beingness entered on the correct of the names, and those answering "present" should be entered similarly in a third column. In this way the final figures on each side at any time show how the vote stands at that time. The yeas and nays cannot be ordered in committee of the whole.

General Consent. Concern tin exist expedited greatly by avoiding the formality of motions and voting in routine business and on questions of little importance, the chair bold general (unanimous) consent until some one objects. Information technology does not necessarily hateful that every member is in favor of the motion, but, that knowing it is useless to oppose it, or even to discuss it, the opposition simply acquiesces in the informality. Thus, in the case of approval the minutes, the chair inquires if in that location are any corrections, and, if one is suggested, it is made: when no correction [or no further correction] is suggested, the chair says: "There being no corrections [or no further corrections] the minutes stand canonical." While routine and small matters can exist rapidly disposed of in this way, if at any time objection is fabricated with reasonable promptness, the chair ignores what has been washed in that case even if he has announced the result, and requires a regular vote. [Run across also 48.]

Absentee Voting. In a strictly deliberative assembly no fellow member can vote who is not present when the question is completely put. Only in many societies the membership is scattered all over a state, or even still wider, and it has been constitute expedient to provide a method of voting that will enable all the members to vote upon certain matters, equally upon amendments to constitutions, by-laws, and in elections of officers. This provision, when information technology is deemed advisable to adopt it, should be placed in the constitution or past-laws, as otherwise, unless the charter or state laws qualify absentee voting, no member can vote except in person At that place are ii forms of absentee voting -- by mail, and proxy voting.

Voting past Mail is used for election of officers, and for amendments to the constitution or by-laws, and for such other important matters as the society may gild to be voted on in this way. If an amendment to the by-laws is to exist voted on past mail, a printed copy of the proposed amendment is mailed to every member with the words "yeah" and "no" printed underneath, or on a split slip, with directions to cross out one of them, and return in the enclosed envelope, upon which should be printed the words, "Election for Amendment to Constitution." This envelope should usually have the signature of the voter on information technology, and be sealed and enclosed in some other one addressed to the secretarial assistant, or to the chairman of the tellers, so that the inner envelope will not exist opened except by the tellers when the votes are counted. If it is desired to present the arguments pro and con, the lodge can allow the leaders on the 2 sides to gear up brief statements to be printed and mailed with the proposed amendment to every member. Instead of having the voter's signature on the inner envelope, information technology may be placed on the election, but a place for the signature should be indicated, and so that there may exist some means of protection against votes being bandage past other than legal voters. Voting past mail cannot be a hugger-mugger election, every bit information technology is necessary for the tellers to know by whom each vote is cast. Past some such method as the above information technology is practicable to give all the members, however scattered they may be, an opportunity to vote on questions of bully importance.

Proxy Voting. A proxy is a ability of attorney given by i person to another to vote in his stead and it is besides used to designate the person who holds the ability of attorney. It is unknown to a strictly deliberative assembly, and is in conflict with the thought of the equality of members, which is a fundamental principle of deliberative assemblies. There can exist but little use for fence where one fellow member has more votes than some other, possibly more than all the others combined. If the proxy voting is express to the election of a board of directors, as information technology is practically in stock corporations, and if, as well, the proxies must exist given to members of the corporation in all cases where information technology requires an ballot to become a fellow member -- with these two limitations proxy voting would be useful and do no impairment. In stock companies the members run across but annually to elect directors, who elect the officers and transact the business of the corporation. Though the directors are elected largely by proxies, their own meetings, where all the business is washed, are every bit secret as they choose to brand them, no proxies being allowed in them, and therefore proxy voting does not interfere with their business. As any i can dispose of his stock to any one else, there is no objection to his appointing any 1 as his proxy. Just the instance is very different with many incorporated societies of a social, benevolent, or religious character, whose business organisation meetings are sometimes cloak-and-dagger. Their membership cannot be transferred by the members similar stock, and therefore they should non be allowed to appoint any proxies who are not members of the organization. The country police force is above the past-laws of the society, and if the state constabulary empowers members of all corporations to appoint proxies to vote at all business meetings, no past-laws of an incorporated undercover society could prevent not-members holding proxies from attending and voting at all business meetings of the society. This should not be the case. With stock corporations it does no damage, considering all the business concern is done past directors, and no proxies are allowed in their meetings, and no one can be present without their consent. But in many societies of the kind mentioned the business is transacted in meetings attended past none but members, and unlimited proxies would be a serious interference with their piece of work. If the state police force requires proxy voting in all corporations, it should be limited to the election of officers, including directors, and also the proxies should be required to be held by members of the corporation in all organizations whose main object is non pecuniary profit.

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i. Taking a vote past yeas and nays, which has the result to place on the record how each member votes, is peculiar to this land, and, while it consumes a bang-up deal of fourth dimension, is rarely useful in ordinary societies. While information technology can never exist used to hinder business, as long as the above rule is observed, it should not be used at all in a mass coming together, or in any other assembly whose members are not responsible to a constituency. By the Constitution, i-5th of the members present can, in either firm of Congress, order a vote to exist taken by yeas and nays. In representative bodies this method of voting is very useful, especially where the proceedings are published, as it enables the people to know how their representatives voted on important measures. If there is no legal or constitutional provision for the yeas and nays being ordered by a minority in a representative body they should adopt a rule assuasive the yeas and nays to exist ordered by a one-fifth vote, every bit in Congress, or even by a much smaller number. In some small bodies a vote on a resolution must be taken past yeas and nays upon the demand of a single member.

47. Votes that are Goose egg and Void fifty-fifty if Unanimous. No motion is in order that conflicts with the laws of the nation, or country, or with the assembly's constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, information technology is null and void. No dominion that conflicts with a rule of a higher club is of any authority; thus, a by-law providing for the suspension past general consent of an article of the constitution would be zero and void; and so, the general parliamentary rule allowing a ii-thirds vote to meliorate the by-laws after due notice, is just in force when the past-laws are silent on the subject field. Rules that protect absentees cannot exist suspended informally past general consent, or formally by a unanimous vote, equally the absentees have not given their consent. For case, a rule requiring the giving of a specified notice of sure motions, as an amendment of the by-laws, cannot exist suspended past full general consent or by a unanimous vote. When a vote is required to be taken by election, the object is to enable members to muffle their votes, and whatever motion that defeats this object is out of order. Thus, when the rules require the vote to be by ballot, equally is usual in elections to function or membership, this rule cannot be suspended even by full general consent, because no one can object without exposing his vote, which he cannot be compelled to do. When the ballot must be past ballot, a motility to take the ballot cast by one person is out of order. So, when the rules crave the vote to be past ballot, a motion to make unanimous a vote that was not unanimous, must be voted on by ballot, equally otherwise the vote would not be secret.

48. Motions requiring more than a Bulk Vote. Bulk Vote. Any legitimate motion non included amongst those mentioned beneath as requiring more than a majority vote, requires for its adoption merely a bulk; that is, more than half of the votes bandage, ignoring blanks, at a legal meeting where a quorum is present, unless a larger vote for its adoption is required by the rules of the assembly.

General Consent or Unanimous Vote. By full general, or unanimous, or silent, consent the assembly can do business with little regard for the rules of procedure, equally they are made for the protection of the minority, and when there is no minority to protect, there is footling utilise for the restraint of the rules, except such as protect the rights of absent members, or the right to a hush-hush vote. In the one-time case the consent of the absentees cannot be given, and in the latter case the consent cannot be withheld past the minority without exposing their votes, which they cannot be compelled to do. When the election is not past ballot and in that location are several candidates ane of whom receives a majority vote, sometimes a motion is fabricated to brand the vote unanimous. It should never be made except past the candidate with the largest number of votes afterward the successful 1, or his representative, and even then its propriety is doubtful. One negative vote defeats a motion to brand a vote unanimous, every bit a unmarried objection defeats a asking for full general consent.

By the legitimate use of the principle that the rules are designed for the protection of the minority, and generally need not exist strictly enforced when at that place is no minority to protect, business may be profoundly expedited. When there is obviously no opposition, the formality of voting can be avoided by the chair's asking if there is any objection to the proposed action, and if at that place is none, announcing the result. The action thus taken is said to be done by full general consent, or unanimous or silent consent. Thus, after an guild has been adopted limiting the speeches to two minutes each, if a speaker is so interesting that when his fourth dimension has expired at that place is a general demand for him to go on, the chair, instead of waiting for a motion and taking a vote, could have it as the volition of the associates that the speaker's time be extended, and would direct him to proceed. Or, he might say that if there is no objection the member'south fourth dimension volition be extended two minutes, or some other time. [See besides 46:16]

Ii-thirds Vote. A two-thirds vote means two-thirds of the votes cast, ignoring blanks which should never be counted. This must not be confused with a vote of two-thirds of the members present, or 2-thirds of the members, terms sometimes used in by-laws. To illustrate the difference: Suppose xiv members vote on a question in a meeting of a club where 20 are present out of a total membership of 70, a ii-thirds vote would be 10; a two-thirds vote of the members present would exist 14; and a vote of two-thirds of the members would be 47.

In that location has been established every bit a compromise between the rights of the individual and the rights of the assembly the principle that a two-thirds vote is required to adopt any movement that suspends or modifies a rule of club previously adopted; or prevents the introduction of a question for consideration; or closes, or limits, or extends the limits of debate; or limits the freedom of nomination or voting; or closes nominations or the polls; or deprives one of membership or office. It will be found that every movement in the following list belongs to one of the classes only mentioned.

Motions Requiring a Two-thirds Vote.¹

Amend (Annul, Repeal, or Rescind) any part of the Constitution, By-laws, or Rules of Order, previously adopted; it besides requires previous observe	68
Amend or Rescind a Standing Rule, a Program or Order of Business, or a Resolution, previously adopted, without notice beingness given at a previous meeting or in the call for the meeting	37
Have up a Question out of its Proper Lodge	22
Suspend the Rules	22
Brand a Special Order	20
Discharge an Social club of the Twenty-four hours before it is awaiting	twenty
Reject to Keep to the Orders of the Day	twenty
Sustain an Objection to the Consideration of a Question	23
Previous Question	29
Limit, or Extend the Limits, of Debate	30
Extend the Time Appointed for Adjournment or for Taking a Recess	20
Shut Nominations [26] or the Polls	25
Limit the Names to exist Voted for
Expel from Membership: it also requires previous notice and trial	75
Depose from Part: it also requires previous notice
Discharge a Committee when previous notice has not been given	32
Reconsider in Commission when a member of the majority is absent and has not been notified of the proposed reconsideration	36

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i. The U.South. Constitution requires a 2-thirds vote of both Houses to pass a resolution proposing an subpoena to the Constitution, to pass a vetoed bill, or to remove political disabilities; a ii-thirds vote of either Business firm to expel a fellow member; and a vote of two-thirds of the Senators present to ratify a treaty or convict on an impeachment. The House requires a 2-thirds vote to append the rules, just is obliged to allow a bulk to order the previous question or to limit debate, as otherwise its business could never exist transacted. Still, a neb cannot exist passed without at least forty minutes of debate, equally that is immune afterwards the suspension of the rules or the previous question has been ordered. [Encounter foot note to 44.]

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