Quorum
Encyclopedia
A quorum is the minimum number of members of a deliberative assembly
(a body that uses parliamentary procedure
, such as a legislature
) necessary to conduct the business of that group. According to Robert's Rules of Order Newly Revised, Tenth Edition
, the current edition of Robert's Rules of Order, the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons."
The term quorum is from a Middle English
wording of the commission
formerly issued to justices of the peace
, derived from Latin
quorum, "of whom", lled membership composed only of persons who maintain their status as members in a prescribed manner—the quorum is a majority of the entire membership, by the common parliamentary law." In the meetings of a convention
, unless provided otherwise in the bylaws, a quorum is a majority of registered delegate
s, even if some have departed. In a mass meeting
, or "in a regular or properly called meeting" of an organization whose bylaws do not prescribe a quorum and whose membership is loosely determined, such as many religious congregations or alumni association
s, "there is no minimum number of members who must be present for the valid transaction of business, or —as it is usually expressed—the quorum consists of those who attend the meeting."
In a Committee of the Whole
or its variants, a quorum is the same as the assembly unless otherwise provide in the assembly's bylaws or rules. In all other committees and boards, a quorum is a majority of the members of the board or committee unless the bylaws, the rule of the parent organization, or the motion establishing the particular committee provide otherwise. According to Robert's Rules, "a board or committee does not have the power to determine its quorum unless the bylaws so provide."
, but he should not interrupt another member who is speaking. Debate on an already-pending question can be allowed to continue after a quorum is no longer present until a member raises a point of order. Because it is difficult to determine exactly when a quorum was lost, points of order relating to the absence of a quorum are "generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrospectively by a ruling of the presiding officer, subject to appeal
."
When quorum is not met, the ability of a deliberative assembly to change the status quo
are seriously constrained. Robert's Rules provides that "in the absence of a quorum, any business transacted is null and void," except four actions which can be legally taken: To fix the time to which to adjourn
, adjourn
, recess
, or take measures to obtain a quorum. Measures to obtain a quorum are treated as privileged motion
s that take precedence over a motion to recess, are not in order when another has the floor, are not debatable, are amendable, require a majority vote, and can be reconsider
ed. An example of a measure to obtain a quorum is a motion
that absent members be contacted during a recess.
These procedural actions are the only measures that can be legally taken; "the prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent
, and a notice
cannot be validly given." Robert's Rules states that:
The quorum requirement is enforced in several ways. Robert's Rules states that before the chair (presiding officer) calls a meeting to order, "it is his duty to determine, although he need not announce, that a quorum is present. If a quorum is not present, the chair waits until there is one, or until, after a reasonable time, there appears to be no prospect that a quorum will assemble." In that situation, the chair "calls the meeting to order and announces the absence of a quorum, and entertains a motion to adjourn or one of the other motions allowed, as described above." Meetings that are unable to transact business or lack of a quorum are considered meetings nevertheless ("if a quorum fails to appear at a regular or special meeting, "the inability to transact business does not detract from the fact that the society's rules requiring the meeting to be held were complied with and the meeting was convened—even though it had to adjourn immediately").
procedure may be used if necessary to obtain a quorum in legislature
s and other assemblies that have the legal power to compel the attendance of their members. The procedure does not exist in ordinary societies, since voluntary association
s have no coercive
power. The call of the house "is a motion that unexcused absent members be brought to the meeting under arrest
." The call of the house procedure is governed by the rules of the assembly, which may provide that one-third, one-fifth, or some other number less than a majority present may order a call of the house by majority vote. Under Robert's Rules, when a quorum is not present, the motion takes precedence over every motion except that to adjourn. But "if the rule allows the call to be moved while a quorum is actually present (for the purpose of obtaining a greater attendance), the motion at such times should rank only with questions of privilege
, should require a majority vote for adoption, and, if rejected, may not be renewed
while a quorum is present."
When a call of the house is ordered, Robert's Rules provides that the clerk
should call the roll of members and then call the names of absentees, "in whose behalf explanations of absence can be made and excuses can be requested." Following this, the doors are locked and no member is permitted to leave, and "the sergeant-at-arms, chief of police
, or other arresting officer is ordered to take into custody absentees who have not been excused from attendance and bring them before the house," done on warrant
signed by the presiding officer and attested by the clerk. Once arrested members are brought in, "they are arraigned
separately, their explanations are heard, and on motion, they can be excused with or without penalty in the form of a payment of a fee." A member may not vote or be recognized by the chair for any purpose until he has paid the fee assessed against him.
Once a call of the house has been ordered, "no motion is in order, even by unanimous consent
, except motions relating to the call." However, motions to adjourn or dispense with further proceedings under the call can be entertained "after a quorum is present or the arresting officer reports that in his opinion a quorum cannot be entertained." Adjournment terminates the call of the house.
In the United States Senate
, the procedure was used in the early morning hours of February 25, 1988. Senator Robert C. Byrd of West Virginia
, then the Senate Majority Leader
, moved a call of the house after the minority Republicans
walked out in an attempt to deny the Senate a quorum after Senate aides began bring cots
into the Senate cloakroom
s in preparation for an all-night session over campaign finance reform
for congressional elections. Byrd's motion was approved 45-3 and arrest warrant
s were signed for all 46 Republicans. Senate Sergeant-at-Arms
Henry K. Giugni
and his staff searched the Capitol's corridor and Senate office buildings
for absent Senators, and after checking several empty offices, spotted Senator Steve Symms
of Idaho
, who fled down a hallway and escaped arrest. After a cleaning woman gave a tip that Senator Robert Packwood of Oregon
was in his office, Giugni opened the door with a skeleton key
. Packwood attempted to shove the door closed, but Giugni and two assistants pushed it open. Packwood was "carried feet-first into the Senate chamber by three plainclothes officers" and sustained bruised knuckles.
Prior to 1988, the last time the procedure had been used was during a 1942 filibuster
over civil rights
legislation. Southern
senators had spent days filibustering legislation to end poll tax
es used in the South to disenfranchise blacks and other low-income voters. Taking place just days after midterm elections had resulted in the loss of nine seats. Democratic Majority Leader Alben W. Barkley
obtained an order on a Saturday session on November 14, 1942 directing Sergeant at Arms Chesley W. Jurney to round up the five Southern absentees to obtain a quorum. Jurney sent his Deputy Sergeant at Arms, J. Mark Trice, to the apartment of Senator Kenneth McKellar
of Tennessee
at the Mayflower Hotel
. Then 73 years old and the third-most senior Senator, McKellar was later described by Senator Bill Frist
in his book on Tennessee senators as an "extraordinarily shrewd man of husky dimensions with a long memory and a short fuse." Trice called from the lobby, but McKellar refused to answer his phone, so the deputy sergeant at arms walked up to the apartment and convinced the senator's maid
to let him in:
Quorum-busting has been used for centuries. For instance, during his time in the state legislature, Abraham Lincoln leapt out of a first story window (the doors of the Capitol had been locked to prevent legislators from fleeing) in a failed attempt to prevent a quorum from being present.
On October 7, 1893, in the middle of a filibuster in the US Senate, the call went out for the yeas and nays. A large number of senators, however, failed to respond when the clerk called their names. The Senate’s presiding officer noted that the needed majority of members had not voted, even though there were more than a sufficient number of senators seated in the chamber to make a quorum.
When the chair once again ordered the clerk to call the roll to determine if a quorum was present, a majority of members answered to their names. However, when the roll call on the pending measure occurred, the filibustering cohort refused to vote. In one 40-hour session, this tactic produced a succession of 39 quorum calls but only four recorded votes.
In 1897, seeking to overcome the quorum busting tactics, the Senate changed its rules to effectively end the practice. This reform, however, triggered a return to an earlier tactic by recalcitrant senators of merely staying away when votes were scheduled.
A recent prominent example of quorum-busting occurred during the 2003 Texas redistricting
, in which the majority Republicans
in the Texas House of Representatives
sought to carry out a controversial mid-decade congressional redistricting
bill
which would have favored Republicans by displacing five Democratic U.S. Representatives from Texas (the Texas Five
) from their districts. The House Democrats
, certain of defeat if a quorum were present, took a plane to the neighboring state of Oklahoma
to prevent a quorum from being present (and thus the passage of the bill). The group gained the nickname "the Killer Ds."
Similarly, the minority Democrats in the Texas Legislature
's upper chamber, the Texas Senate
, fled to New Mexico
to prevent a quorum of the Senate to prevent a redistricting bill from being considered during a special session
. The Texas Eleven
stayed in New Mexico for 46 days before John Whitmire
returned to Texas, creating a quorum. Because there was now no point in staying in New Mexico, the remaining ten members of the Texas Eleven returned to Texas to vote in opposition to the bill.
During the 2011 Wisconsin protests
, fourteen Democratic members of the Wisconsin Senate went to Illinois in order to bust the necessary 20-member quorum. Democrats in the Indiana House of Representatives
did the same in order to block another union-related bill, causing the legislative clock on the bill to expire. Traveling out of their state placed these legislators beyond the jurisdiction of state troopers who could compel them to return to the chamber.
The practice was shattered on January 29, 1890, when a resolution
was brought to the House floor that concerned who should be seated from West Virginia's 4th congressional district
: James M. Jackson
, the Democrat, or Charles Brooks Smith
, the Republican.
The Speaker of the House Thomas Brackett Reed
put this question to the Members: "Will the House consider the resolution?" The yeas and nays were demanded with a result of 162 yeas, three nays, and 163 not voting. Democrats, led by Charles Crisp
(who succeeded Reed as Speaker in the next two Congresses), then declared that the absence of a quorum (179 Representatives) prevented the House from making decisions. As dictated by House rules for the suggestion of the absence of a quorum, Speaker Reed began an attendance roll call - but directed the Clerk of the House
to record as present any Member who was then in the chamber, whether they answered the roll call
or not.
Immediately, Reed's action produced an uproar in the House. Democrats shouted "Czar! Czar!", a title that stuck to Reed for the rest of his life. "Tyranny," "scandal," and "revolution" were some of the words used to describe Reed's action. Democrats "foamed with rage," wrote historian Barbara Tuchman.
Speaker Reed remained firm in the face of this parliamentary tumult and angry debate. He continued to count nonvoting legislators for quorum purposes, challenging protesters to deny their presence in the chamber. Reed even ordered the doors of the chamber locked when Democrats tried to exit; instead, Democrats began hiding under their desks, which left Reed undeterred in counting them. Finally, after five days of stridency, the contested election case was taken up and Republican Smith emerged the victor by a vote of 166 yeas, 0 nays, and 162 not voting. Then, on February 6, 1890, the Reed-led Rules Committee reported a new set of House rules. One of the new rules—Rule 15—established a new procedure for determining quorums (counting lawmakers in the chamber who had voted as well as those who did not vote).
at least one third of the representatives must be present, so that they may decide on a simple law (participation quorum of 33.3%). At least half of the members must participate if a constitutional law should pass the parliament (participation quorum of 50% based on the total number of members). Over and above that, constitutional laws require the consent of at least two-thirds of the members present (quorum agreement of 66.6% based on the number of voting present).
set the quorum for sittings of the House of Representatives
and Senate
at one-third of the whole number of MPs and senators, respectively, but Parliament
is permitted to change the quorum for each House by ordinary legislation.
In the House of Representatives, the quorum was amended down to one-fifth by the House of Representatives (Quorum) Act 1989, which means the quorum of the current House of 150 MPs is 30 MPs. In the senate, the quorum was amended down to one-quarter by the Senate (Quorum) Act 1991, so 19 senators is a quorum. The quorum includes the occupant of the Chair
and is not reduced by the death or resignation of a member or senator.
If at the beginning of a sitting the quorum is not met, the bells are rung for five minutes and a count is then taken; if the quorum is still not met the sitting is adjourned until the next sitting day. During the sitting, any MP or senator may draw attention to the lack of quorum in which the bells are rung for four minutes, and if a quorum is still not met the sitting is adjourned.
Although quorum-busting is virtually unheard of in Australia, it is not unknown for parties to deliberately use quorum counts as a disruptive tactic and there have been some suggestions to enact rules to restrict this practice; however, this is very difficult due to the explicit mention of a quorum in the constitution. It is considered disorderly to call attention to quorum when one exists and members or senators who do so can be punished.
sets quorum for sittings of the House of Commons of Canada at 20 MPs
. If a member calls for quorum to be counted and a first count shows there are fewer than 20 members, bells are rung to call in the members; if after 15 minutes there are still fewer than 20 members, the session is adjourned to the next sitting day; the members present sign a roll on the table of the house, and this list is included in the Journal of the House. There is no need for quorum when the attendance of the House is requested in the Senate of Canada, for example when Royal Assent
is being given to bills.
at least half of the members (311 out of 622) must be present so that it is empowered to make resolutions. Nevertheless, often fewer members are present. They still can make effective decisions as long as no parliamentary group or 5% of the members of the parliament are complaining about the lack of quorum.
as "not less than one half of its members". Since 1997 the quorum has been 30. Prior to 1997 transfer of sovereignty over Hong Kong, the quorum was set at 20.
The quorum for the panels, committees and subcommittees is, nevertheless, one-third or three members, whichever the greater, as according to the Rules of Procedures. The three standing committees, namely, the Finance Committee, the Public Accounts Committee and Committee on Members' Interests, is exceptional that the quorums are 9, 3 and 3 respectively.
Quorum-busting was used at least twice since 1997. In 2005, when some pro-democracy members of the council paid a silent tribute to late leader of the People's Republic of China
, Zhao Ziyang
, against rules of procedure, the president of the council
suspended the meeting. When the meeting was recalled, pro-Beijing members
refused to return to the chamber, forcing the meeting to be adjourned.
On 27 January 2010, when five pro-democracy members were intending to make their resignation speeches, pro-Beijing members of the council left the chamber as a sign of protest. One of the pro-Beijing members nevertheless stayed in the chamber to call for the quorum to be counted, effectively forcing the meeting to be adjourned. The resignation was intended as a de facto referendum across all five geographical constituencies
of the territory, involving the entire electorate, which would not be officially recognised anyway. Most other factions, although against the move by these five Members, stayed in the chamber.
Quorum-busting and attempts to thwart it are also a common feature during the annual motion debate related to 1989 Tiananmen massacre
moved by pro-democracy Member. The quorum is called to be counted from time to time by the Member's comrades, in order to force the pro-Beijing camp to keep some members in the chamber.
number of members.
Before the constitutional referendum of 2007
, there was a quorum of two-third required in the Turkish Parliament. The opposition parties used the quorum to deadlock the presidential election of 2007
, making it impossible for the parliament to choose a president. As a result, the ruling AK party proposed a referendum to lower the quorum. Nearly seventy percent of the participants supported the constitutional changes.
, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 members of the House. There is no need for a quorum to be present at all times. Commons debates could theoretically continue even if just one MP and the Speaker were present. However, if a division is called and fewer than 40 MPs are present, then a decision on the business being considered is postponed and the House moves on to consider the next item of business. The quorum for votes on legislation in the House of Lords
is 30, but just three of the 753 peers
, including the Lord Speaker
, are required to be present for a debate to take place.
Historically, the Quorum was a select group of the Justices of the Peace in each county in the Early Modern Britain
. In theory they were men experienced in law, but many of the quorum were appointed because of their status. Some legislation required the involvement of a member of the quorum, (e.g. granting a licence to a badger
). In practice, they increasingly were not qualified, as the proportion in the quorum rose faster than proportion who were called to the bar or practising lawyers. By 1532 an average 45% of Justices of the Peace nationally were of the quorum. In Somerset
the proportion rose from 52% in 1562 to 93% in 1636. By then most of those not on the quorum were new to the bench. Sometimes Justices of the Peace were removed from the quorum as a disciplinary measure less drastic than removal from the bench.
of the United States Constitution
provides that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business..." Therefore in both the House of Representatives
and the Senate
a quorum is a simple majority
of their respective members. The only exception is that stated in the Twelfth Amendment
, which provides that in cases in which no candidate for President of the United States
receives a majority in the Electoral College, the election is decided by the House of Representatives, in which case "a quorum for this purpose shall consist of a member or members from two-thirds of the states
," and in cases in which no candidate for Vice President of the United States
has been elected, the election is decided by the Senate, in which case "a quorum for the purpose shall consist of two-thirds of the whole number of Senators."
The Senate has the additional ordinary requirement in Rule VI
of its Standing Rules
that "A quorum shall consist of a majority of the Senators duly chosen and sworn
."
The Internal Revenue Service
requires that non-profit organization
s that receive tax exemption
s under Section 501(c)(3) have a quorum present at their required yearly meeting. If it is not, then not only can they not vote, but they must also have another meeting so that it then takes longer for them to make decisions.
In such votes, a non-monotonic
aspect can be introduced: a voter can inadvertently swing a vote from failing to passing by voting no, if a majority has voted yes and that no vote is the one that causes quorum to be met. With no penalty for being absent, voters are faced with a strategic choice between voting no and not voting.
The Debian
project has addressed this issue in its voting mechanisms with the idea of per-option quorum. A quorum is not set on the total number of votes, but on the number of votes a particular option (besides the status quo) must receive before it is considered. For example, in a yes/no vote, the quorum may say that at least 40 yes votes are required, along with yes having a majority of votes, for the vote to pass.
The political simulator NationStates and its fictional legislature, the World Assembly utilizes a 6% quorum of Regional Delegates to approve proposals.
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
(a body that uses parliamentary procedure
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
, such as a legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
) necessary to conduct the business of that group. According to Robert's Rules of Order Newly Revised, Tenth Edition
Robert's Rules of Order
Robert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...
, the current edition of Robert's Rules of Order, the "requirement for a quorum is protection against totally unrepresentative action in the name of the body by an unduly small number of persons."
The term quorum is from a Middle English
Middle English
Middle English is the stage in the history of the English language during the High and Late Middle Ages, or roughly during the four centuries between the late 11th and the late 15th century....
wording of the commission
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
formerly issued to justices of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
, derived from Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
quorum, "of whom", lled membership composed only of persons who maintain their status as members in a prescribed manner—the quorum is a majority of the entire membership, by the common parliamentary law." In the meetings of a convention
Convention (meeting)
A convention, in the sense of a meeting, is a gathering of individuals who meet at an arranged place and time in order to discuss or engage in some common interest. The most common conventions are based upon industry, profession, and fandom...
, unless provided otherwise in the bylaws, a quorum is a majority of registered delegate
Delegate
A delegate is a person who speaks or acts on behalf of an organization at a meeting or conference between organizations of the same level A delegate is a person who speaks or acts on behalf of an organization (e.g., a government, a charity, an NGO, or a trade union) at a meeting or conference...
s, even if some have departed. In a mass meeting
Mass meeting
In parliamentary law, a mass meeting is a type of deliberative assembly, which in a publicized or selectively distributed notice known as the call of the meeting - has been announced:...
, or "in a regular or properly called meeting" of an organization whose bylaws do not prescribe a quorum and whose membership is loosely determined, such as many religious congregations or alumni association
Alumni association
An alumni association is an association of graduates or, more broadly, of former students. In the United Kingdom and the United States, alumni of universities, colleges, schools , fraternities, and sororities often form groups with alumni from the same organisation...
s, "there is no minimum number of members who must be present for the valid transaction of business, or —as it is usually expressed—the quorum consists of those who attend the meeting."
In a Committee of the Whole
Committee of the Whole
A Committee of the Whole is a device in which a legislative body or other deliberative assembly is considered one large committee. All members of the legislative body are members of such a committee...
or its variants, a quorum is the same as the assembly unless otherwise provide in the assembly's bylaws or rules. In all other committees and boards, a quorum is a majority of the members of the board or committee unless the bylaws, the rule of the parent organization, or the motion establishing the particular committee provide otherwise. According to Robert's Rules, "a board or committee does not have the power to determine its quorum unless the bylaws so provide."
Determination of a quorum and actions that may be taken in the absence of a quorum
Robert's Rules provides that "when the chair has called a meeting to order after finding that a quorum is present, the continued presence of a quorum is presumed unless the chair or a member notices that a quorum is no longer present." The chair has a duty to declare the absence of a quorum if he notices a quorum is no longer present, "at least before taking any vote or stating the question of any new motion—which he can no longer do except in connection with the permissible proceedings related to the absence of a quorum." Any member who notices the apparent absence of a quorum can make a point of orderPoint of order
A point of order is a matter raised during consideration of a motion concerning the rules of parliamentary procedure.-Explanation and uses:A point of order may be raised if the rules appear to have been broken. This may interrupt a speaker during debate, or anything else if the breach of the rules...
, but he should not interrupt another member who is speaking. Debate on an already-pending question can be allowed to continue after a quorum is no longer present until a member raises a point of order. Because it is difficult to determine exactly when a quorum was lost, points of order relating to the absence of a quorum are "generally not permitted to affect prior action; but upon clear and convincing proof, such a point of order can be given effect retrospectively by a ruling of the presiding officer, subject to appeal
Appeal (motion)
In parliamentary procedure, an appeal from the decision of the chair is used to challenge a ruling of the chair.-Explanation and Use:George Demeter notes that it "protects the assembly against the arbitrary control of the meeting by its presiding officer." The most common occasions for the motion...
."
When quorum is not met, the ability of a deliberative assembly to change the status quo
Status quo
Statu quo, a commonly used form of the original Latin "statu quo" – literally "the state in which" – is a Latin term meaning the current or existing state of affairs. To maintain the status quo is to keep the things the way they presently are...
are seriously constrained. Robert's Rules provides that "in the absence of a quorum, any business transacted is null and void," except four actions which can be legally taken: To fix the time to which to adjourn
Adjournment
An adjournment is a suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place.-Law:In law, to adjourn means to suspend proceedings to another time or place, or to end them....
, adjourn
Adjournment
An adjournment is a suspension of proceedings to another time or place. To adjourn means to suspend until a later stated time or place.-Law:In law, to adjourn means to suspend proceedings to another time or place, or to end them....
, recess
Recess (motion)
In parliamentary procedure, "recess" refers to legislative bodies—such as parliaments, assemblies, juries—that are released to reassemble at a later time. The members may leave the meeting room, but are expected to remain nearby. A recess may be simply to allow a break or it may be...
, or take measures to obtain a quorum. Measures to obtain a quorum are treated as privileged motion
Privileged motion
A privileged motion is a motion in parliamentary procedure that is granted precedence over ordinary business because it concerns matters of great importance or urgency...
s that take precedence over a motion to recess, are not in order when another has the floor, are not debatable, are amendable, require a majority vote, and can be reconsider
Reconsider
In parliamentary law, reconsideration of a motion takes places upon a motion to bring back for further consideration a matter previously decided...
ed. An example of a measure to obtain a quorum is a motion
Motion (parliamentary procedure)
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. In a parliament, this is also called a parliamentary motion and includes legislative motions, budgetary motions, supplementary budgetary motions, and petitionary...
that absent members be contacted during a recess.
These procedural actions are the only measures that can be legally taken; "the prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent
Unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
, and a notice
Notice
Notice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
cannot be validly given." Robert's Rules states that:
The quorum requirement is enforced in several ways. Robert's Rules states that before the chair (presiding officer) calls a meeting to order, "it is his duty to determine, although he need not announce, that a quorum is present. If a quorum is not present, the chair waits until there is one, or until, after a reasonable time, there appears to be no prospect that a quorum will assemble." In that situation, the chair "calls the meeting to order and announces the absence of a quorum, and entertains a motion to adjourn or one of the other motions allowed, as described above." Meetings that are unable to transact business or lack of a quorum are considered meetings nevertheless ("if a quorum fails to appear at a regular or special meeting, "the inability to transact business does not detract from the fact that the society's rules requiring the meeting to be held were complied with and the meeting was convened—even though it had to adjourn immediately").
Call of the house (compelled attendance)
The call of the houseCall of the house
A call of the house is a motion which can be adopted by a deliberative assembly that has the authority to compel the attendance of its members in the absence of a quorum...
procedure may be used if necessary to obtain a quorum in legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
s and other assemblies that have the legal power to compel the attendance of their members. The procedure does not exist in ordinary societies, since voluntary association
Voluntary association
A voluntary association or union is a group of individuals who enter into an agreement as volunteers to form a body to accomplish a purpose.Strictly speaking, in many jurisdictions no formalities are necessary to start an association...
s have no coercive
Coercion
Coercion is the practice of forcing another party to behave in an involuntary manner by use of threats or intimidation or some other form of pressure or force. In law, coercion is codified as the duress crime. Such actions are used as leverage, to force the victim to act in the desired way...
power. The call of the house "is a motion that unexcused absent members be brought to the meeting under arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
." The call of the house procedure is governed by the rules of the assembly, which may provide that one-third, one-fifth, or some other number less than a majority present may order a call of the house by majority vote. Under Robert's Rules, when a quorum is not present, the motion takes precedence over every motion except that to adjourn. But "if the rule allows the call to be moved while a quorum is actually present (for the purpose of obtaining a greater attendance), the motion at such times should rank only with questions of privilege
Requests and inquiries
Requests and inquiries, in parliamentary procedure, are non-debatable, non-amendable motions used by members of a deliberative assembly to obtain information or to do or have something done that requires permission of the assembly.-Explanation and Use:...
, should require a majority vote for adoption, and, if rejected, may not be renewed
Motion that brings a question again before the assembly
-Restoratory Motions:Restoratory motions are a group of four to six similar motions that do not belong in any of the three long-standing motion classes of subsidiary, privileged or incidental motions...
while a quorum is present."
When a call of the house is ordered, Robert's Rules provides that the clerk
Clerk
Clerk, the vocational title, commonly refers to a white-collar worker who conducts general office or, in some instances, sales tasks. It is also occasionally used to refer to third-year medical students completing a medical clerkship. The responsibilities of clerical workers commonly include record...
should call the roll of members and then call the names of absentees, "in whose behalf explanations of absence can be made and excuses can be requested." Following this, the doors are locked and no member is permitted to leave, and "the sergeant-at-arms, chief of police
Chief of police
A Chief of Police is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Commissioner, Superintendent, and Chief constable...
, or other arresting officer is ordered to take into custody absentees who have not been excused from attendance and bring them before the house," done on warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
signed by the presiding officer and attested by the clerk. Once arrested members are brought in, "they are arraigned
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
separately, their explanations are heard, and on motion, they can be excused with or without penalty in the form of a payment of a fee." A member may not vote or be recognized by the chair for any purpose until he has paid the fee assessed against him.
Once a call of the house has been ordered, "no motion is in order, even by unanimous consent
Unanimous consent
In parliamentary procedure, unanimous consent, also known as general consent, or in the case of the parliaments under the Westminster system, leave of the house, is a situation in which no one present objects to a proposal. The chair may state, for instance: "If there is no objection, the motion...
, except motions relating to the call." However, motions to adjourn or dispense with further proceedings under the call can be entertained "after a quorum is present or the arresting officer reports that in his opinion a quorum cannot be entertained." Adjournment terminates the call of the house.
In the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, the procedure was used in the early morning hours of February 25, 1988. Senator Robert C. Byrd of West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, then the Senate Majority Leader
Party leaders of the United States Senate
The Senate Majority and Minority Leaders are two United States Senators who are elected by the party conferences that hold the majority and the minority respectively. These leaders serve as the chief Senate spokespeople for their parties and manage and schedule the legislative and executive...
, moved a call of the house after the minority Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
walked out in an attempt to deny the Senate a quorum after Senate aides began bring cots
Camp bed
A camp bed, or cot in North America, is a small portable, lightweight bed used in situations where larger permanent beds cannot be used. Camp beds are generally used by armies or government organizations....
into the Senate cloakroom
Cloakroom
A cloakroom, or sometimes coatroom, is a room for people to hang their cloaks. They are typically found inside large buildings, such as gymnasiums, schools, churches or meeting halls....
s in preparation for an all-night session over campaign finance reform
Campaign finance reform
Campaign finance reform is the common term for the political effort in the United States to change the involvement of money in politics, primarily in political campaigns....
for congressional elections. Byrd's motion was approved 45-3 and arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
s were signed for all 46 Republicans. Senate Sergeant-at-Arms
Sergeant at Arms of the United States Senate
The Sergeant at Arms and Doorkeeper of the Senate is the law enforcer for the United States Senate. One of the chief roles of the Sergeant is to hold the gavel used at every session...
Henry K. Giugni
Henry K. Giugni
Henry K. Giugni was Sergeant at Arms of the United States Senate from 1987 to 1991.-References:*...
and his staff searched the Capitol's corridor and Senate office buildings
Congressional office buildings
The congressional office buildings are the office buildings used by the United States Congress to augment the limited space in the United States Capitol. The congressional office buildings are part of the Capitol Complex are thus under the authority of the Architect of the Capitol and protected by...
for absent Senators, and after checking several empty offices, spotted Senator Steve Symms
Steve Symms
Steven Douglas Symms was a four-term congressman and two-term U.S. senator from Idaho. He was among the most conservative members of the Republican Party...
of Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, who fled down a hallway and escaped arrest. After a cleaning woman gave a tip that Senator Robert Packwood of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
was in his office, Giugni opened the door with a skeleton key
Skeleton Key
Skeleton Key is a rock band based in New York City. The band is the brainchild of bassist and singer Erik Sanko, who is the only constant member of the band...
. Packwood attempted to shove the door closed, but Giugni and two assistants pushed it open. Packwood was "carried feet-first into the Senate chamber by three plainclothes officers" and sustained bruised knuckles.
Prior to 1988, the last time the procedure had been used was during a 1942 filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
over civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
legislation. Southern
Southern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
senators had spent days filibustering legislation to end poll tax
Poll tax
A poll tax is a tax of a portioned, fixed amount per individual in accordance with the census . When a corvée is commuted for cash payment, in effect it becomes a poll tax...
es used in the South to disenfranchise blacks and other low-income voters. Taking place just days after midterm elections had resulted in the loss of nine seats. Democratic Majority Leader Alben W. Barkley
Alben W. Barkley
Alben William Barkley was an American politician in the Democratic Party who served as the 35th Vice President of the United States , under President Harry S. Truman....
obtained an order on a Saturday session on November 14, 1942 directing Sergeant at Arms Chesley W. Jurney to round up the five Southern absentees to obtain a quorum. Jurney sent his Deputy Sergeant at Arms, J. Mark Trice, to the apartment of Senator Kenneth McKellar
Kenneth McKellar
Kenneth Douglas McKellar was an American politician from Tennessee who served as a United States Representative from 1911 until 1917 and as a United States Senator from 1917 until 1953...
of Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
at the Mayflower Hotel
Mayflower Hotel
The Renaissance Mayflower Hotel, known locally as simply The Mayflower, is a historic hotel in downtown Washington, DC located on Connecticut Avenue NW, two blocks north of Farragut Square . It is the largest luxury hotel in the U.S. capital and the longest continuously operating hotel in the...
. Then 73 years old and the third-most senior Senator, McKellar was later described by Senator Bill Frist
Bill Frist
William Harrison "Bill" Frist, Sr. is an American physician, businessman, and politician. He began his career as an heir and major stockholder to the for-profit hospital chain of Hospital Corporation of America. Frist later served two terms as a Republican United States Senator representing...
in his book on Tennessee senators as an "extraordinarily shrewd man of husky dimensions with a long memory and a short fuse." Trice called from the lobby, but McKellar refused to answer his phone, so the deputy sergeant at arms walked up to the apartment and convinced the senator's maid
Maid
A maidservant or in current usage housemaid or maid is a female employed in domestic service.-Description:Once part of an elaborate hierarchy in great houses, today a single maid may be the only domestic worker that upper and even middle-income households can afford, as was historically the case...
to let him in:
Quorum-busting
The tactic of quorum-busting—causing a quorum to be prevented from meeting—has been used in legislative bodies by minorities seeking to block the adoption of some measure they oppose. Rules to discourage quorum-busting have been adopted by legislative bodies, such as the call of the house, outlined above.Quorum-busting has been used for centuries. For instance, during his time in the state legislature, Abraham Lincoln leapt out of a first story window (the doors of the Capitol had been locked to prevent legislators from fleeing) in a failed attempt to prevent a quorum from being present.
On October 7, 1893, in the middle of a filibuster in the US Senate, the call went out for the yeas and nays. A large number of senators, however, failed to respond when the clerk called their names. The Senate’s presiding officer noted that the needed majority of members had not voted, even though there were more than a sufficient number of senators seated in the chamber to make a quorum.
When the chair once again ordered the clerk to call the roll to determine if a quorum was present, a majority of members answered to their names. However, when the roll call on the pending measure occurred, the filibustering cohort refused to vote. In one 40-hour session, this tactic produced a succession of 39 quorum calls but only four recorded votes.
In 1897, seeking to overcome the quorum busting tactics, the Senate changed its rules to effectively end the practice. This reform, however, triggered a return to an earlier tactic by recalcitrant senators of merely staying away when votes were scheduled.
A recent prominent example of quorum-busting occurred during the 2003 Texas redistricting
2003 Texas redistricting
The 2003 Texas redistricting refers to a controversial mid-decade congressional redistricting plan appealed to the United States Supreme Court in League of United Latin American Citizens v. Perry...
, in which the majority Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
in the Texas House of Representatives
Texas House of Representatives
The Texas House of Representatives is the lower house of the Texas Legislature. The House is composed of 150 members elected from single-member districts across the state. The average district has about 150,000 people. Representatives are elected to two-year terms with no term limits...
sought to carry out a controversial mid-decade congressional redistricting
Redistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
which would have favored Republicans by displacing five Democratic U.S. Representatives from Texas (the Texas Five
Texas Five
The Texas Five was a term coined for a group of five Democratic members of the United States House of Representatives from the state of Texas. They were identified in this manner because the Congressional redistricting plan passed by the Texas legislature for the 2004 elections forced these five...
) from their districts. The House Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
, certain of defeat if a quorum were present, took a plane to the neighboring state of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
to prevent a quorum from being present (and thus the passage of the bill). The group gained the nickname "the Killer Ds."
Similarly, the minority Democrats in the Texas Legislature
Texas Legislature
The Legislature of the state of Texas is the state legislature of the U.S. state of Texas. The legislature is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The Legislature meets at the Capitol in Austin...
's upper chamber, the Texas Senate
Texas Senate
The Texas Senate is the upper house of the Texas Legislature. There are 31 members of the Senate, representing 31 single-member districts across the state with populations of approximately 672,000 per constituency. There are no term limits, and each term is four years long. The Senate meets at the...
, fled to New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
to prevent a quorum of the Senate to prevent a redistricting bill from being considered during a special session
Special session
In a legislature, a special session is a period when the body convenes outside of the normal legislative session. This most frequently occurs in order to complete unfinished tasks for the year , such as outlining the government's budget for the next fiscal year, biennium, or other period...
. The Texas Eleven
Texas Eleven
The Texas Eleven were a group of Texas Senate Democrats who fled Texas for Albuquerque, New Mexico for 46 days in 2003 aimed at preventing the passage of controversial redistricting legislation that was intended to benefit Texas Republicans. A group of Texas House representatives, dubbed the Killer...
stayed in New Mexico for 46 days before John Whitmire
John Whitmire
John Harris Whitmire is the longest-serving of current members of the Texas State Senate representing District 15, which includes much of northern Houston, since 1983. Previously he was a member of the Texas House of Representatives from 1973 through 1982...
returned to Texas, creating a quorum. Because there was now no point in staying in New Mexico, the remaining ten members of the Texas Eleven returned to Texas to vote in opposition to the bill.
During the 2011 Wisconsin protests
2011 Wisconsin protests
The 2011 Wisconsin protests were a series of demonstrations in the state of Wisconsin in the United States beginning in February involving at its zenith as many as 100,000 protestors opposing the Wisconsin Budget Repair Bill. Subsequently, anti-tax activists and other conservatives, including tea...
, fourteen Democratic members of the Wisconsin Senate went to Illinois in order to bust the necessary 20-member quorum. Democrats in the Indiana House of Representatives
Indiana House of Representatives
The Indiana House of Representatives is the lower house of the Indiana General Assembly, the state legislature of the U.S. state of Indiana. The House is composed of 100 members representing an equal number of constituent districts. House members serve two-year terms without term limits...
did the same in order to block another union-related bill, causing the legislative clock on the bill to expire. Traveling out of their state placed these legislators beyond the jurisdiction of state troopers who could compel them to return to the chamber.
Disappearing quorum
The similar tactic of disappearing quorum (refusing to vote although physically present on the floor) was used by the minority to block votes in the United States House of Representatives until 1890.The practice was shattered on January 29, 1890, when a resolution
Resolution (law)
A resolution is a written motion adopted by a deliberative body. The substance of the resolution can be anything that can normally be proposed as a motion. For long or important motions, though, it is often better to have them written out so that discussion is easier or so that it can be...
was brought to the House floor that concerned who should be seated from West Virginia's 4th congressional district
West Virginia's 4th congressional district
West Virginia's 4th congressional district is an obsolete district existing from 1883 to 1993. While the district's bounds were changed many times over the years, from the 1940 redistricting to the 1970 redistricting, the district was focused on Huntington and the industrial mill towns north of...
: James M. Jackson
James M. Jackson
James M. Jackson was a lawyer and Democratic politician from West Virginia who served as a United States Representative in the 51st United States Congress.-Early life and career:...
, the Democrat, or Charles Brooks Smith
Charles Brooks Smith
Charles Brooks Smith was a U.S. Representative from West Virginia.Born in Elizabeth, Virginia , Smith attended a private school at Parkersburg....
, the Republican.
The Speaker of the House Thomas Brackett Reed
Thomas Brackett Reed
Thomas Brackett Reed, , occasionally ridiculed as Czar Reed, was a U.S. Representative from Maine, and Speaker of the U.S. House of Representatives from 1889–1891 and from 1895–1899...
put this question to the Members: "Will the House consider the resolution?" The yeas and nays were demanded with a result of 162 yeas, three nays, and 163 not voting. Democrats, led by Charles Crisp
Charles Crisp
Charles Crisp may refer to:*Charles Crisp , Member of Parliament for Woodstock*Charles Frederick Crisp , US Congressman from Georgia*Charles R. Crisp , US Representative from Georgia, son of Charles Frederick Crisp...
(who succeeded Reed as Speaker in the next two Congresses), then declared that the absence of a quorum (179 Representatives) prevented the House from making decisions. As dictated by House rules for the suggestion of the absence of a quorum, Speaker Reed began an attendance roll call - but directed the Clerk of the House
Clerk of the United States House of Representatives
The Clerk of the United States House of Representatives is an officer of the United States House of Representatives, whose primary duty is to act as the chief record-keeper for the House....
to record as present any Member who was then in the chamber, whether they answered the roll call
Roll call
Roll call is the calling of the names of people from a list to determine the presence or absence of the listed people . The term applies to the calling itself, to the time moment of this procedure, and to a military signal that announces it Roll call is the calling of the names of people from a...
or not.
Immediately, Reed's action produced an uproar in the House. Democrats shouted "Czar! Czar!", a title that stuck to Reed for the rest of his life. "Tyranny," "scandal," and "revolution" were some of the words used to describe Reed's action. Democrats "foamed with rage," wrote historian Barbara Tuchman.
A hundred of them were on their feet howling for recognition. 'Fighting Joe' Wheeler, the diminutive former Confederate cavalry general, unable to reach the front because of the crowded aisles, came down from the rear leaping from desk to desk as an ibex leaps from crag to crag. As the excitement grew wilder, the only Democrat not on his feet was a huge representative from Texas who sat in his seat significantly whetting a bowie knife on his boot.
Speaker Reed remained firm in the face of this parliamentary tumult and angry debate. He continued to count nonvoting legislators for quorum purposes, challenging protesters to deny their presence in the chamber. Reed even ordered the doors of the chamber locked when Democrats tried to exit; instead, Democrats began hiding under their desks, which left Reed undeterred in counting them. Finally, after five days of stridency, the contested election case was taken up and Republican Smith emerged the victor by a vote of 166 yeas, 0 nays, and 162 not voting. Then, on February 6, 1890, the Reed-led Rules Committee reported a new set of House rules. One of the new rules—Rule 15—established a new procedure for determining quorums (counting lawmakers in the chamber who had voted as well as those who did not vote).
Austria
In the National Council of AustriaNational Council of Austria
The National Council is one of the two houses of the Austrian parliament. According to the constitution, the National Council and the complementary Federal Council are peers...
at least one third of the representatives must be present, so that they may decide on a simple law (participation quorum of 33.3%). At least half of the members must participate if a constitutional law should pass the parliament (participation quorum of 50% based on the total number of members). Over and above that, constitutional laws require the consent of at least two-thirds of the members present (quorum agreement of 66.6% based on the number of voting present).
Australia
Sections 22 and 39 of the Constitution of AustraliaConstitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
set the quorum for sittings of the House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
and Senate
Australian Senate
The Senate is the upper house of the bicameral Parliament of Australia, the lower house being the House of Representatives. Senators are popularly elected under a system of proportional representation. Senators are elected for a term that is usually six years; after a double dissolution, however,...
at one-third of the whole number of MPs and senators, respectively, but Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
is permitted to change the quorum for each House by ordinary legislation.
In the House of Representatives, the quorum was amended down to one-fifth by the House of Representatives (Quorum) Act 1989, which means the quorum of the current House of 150 MPs is 30 MPs. In the senate, the quorum was amended down to one-quarter by the Senate (Quorum) Act 1991, so 19 senators is a quorum. The quorum includes the occupant of the Chair
President of the Australian Senate
The President of the Australian Senate is the presiding officer of the Australian Senate, the upper house of the Parliament of Australia. The presiding officer of the lower house is the Speaker of the House of Representatives....
and is not reduced by the death or resignation of a member or senator.
If at the beginning of a sitting the quorum is not met, the bells are rung for five minutes and a count is then taken; if the quorum is still not met the sitting is adjourned until the next sitting day. During the sitting, any MP or senator may draw attention to the lack of quorum in which the bells are rung for four minutes, and if a quorum is still not met the sitting is adjourned.
Although quorum-busting is virtually unheard of in Australia, it is not unknown for parties to deliberately use quorum counts as a disruptive tactic and there have been some suggestions to enact rules to restrict this practice; however, this is very difficult due to the explicit mention of a quorum in the constitution. It is considered disorderly to call attention to quorum when one exists and members or senators who do so can be punished.
Canada
In Canada, the Constitution Act, 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
sets quorum for sittings of the House of Commons of Canada at 20 MPs
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...
. If a member calls for quorum to be counted and a first count shows there are fewer than 20 members, bells are rung to call in the members; if after 15 minutes there are still fewer than 20 members, the session is adjourned to the next sitting day; the members present sign a roll on the table of the house, and this list is included in the Journal of the House. There is no need for quorum when the attendance of the House is requested in the Senate of Canada, for example when Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
is being given to bills.
Germany
In the German BundestagBundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
at least half of the members (311 out of 622) must be present so that it is empowered to make resolutions. Nevertheless, often fewer members are present. They still can make effective decisions as long as no parliamentary group or 5% of the members of the parliament are complaining about the lack of quorum.
Hong Kong
Article 75 of the Basic Law of Hong Kong stipulates that the quorum required for the meetings of the Legislative Council of Hong KongLegislative Council of Hong Kong
The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...
as "not less than one half of its members". Since 1997 the quorum has been 30. Prior to 1997 transfer of sovereignty over Hong Kong, the quorum was set at 20.
The quorum for the panels, committees and subcommittees is, nevertheless, one-third or three members, whichever the greater, as according to the Rules of Procedures. The three standing committees, namely, the Finance Committee, the Public Accounts Committee and Committee on Members' Interests, is exceptional that the quorums are 9, 3 and 3 respectively.
Quorum-busting was used at least twice since 1997. In 2005, when some pro-democracy members of the council paid a silent tribute to late leader of the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, Zhao Ziyang
Zhao Ziyang
Zhao Ziyang was a high-ranking politician in the People's Republic of China . He was the third Premier of the People's Republic of China from 1980 to 1987, and General Secretary of the Communist Party of China from 1987 to 1989....
, against rules of procedure, the president of the council
President of the Legislative Council of Hong Kong
The President of the Legislative Council is the speaker of the Legislative Council of Hong Kong. In the absence of the President, the chairman of the House Committee serves as deputy to the President....
suspended the meeting. When the meeting was recalled, pro-Beijing members
Pro-Beijing Camp
The Pro-Beijing Camp, pro-Establishment Camp, pan-Establishment Camp is a segment of Hong Kong society that supports the policies and views of the People's Republic of China before and after the handover of Hong Kong in 1997.It is also nicknamed the royalists or loyalists.The term can be used to...
refused to return to the chamber, forcing the meeting to be adjourned.
On 27 January 2010, when five pro-democracy members were intending to make their resignation speeches, pro-Beijing members of the council left the chamber as a sign of protest. One of the pro-Beijing members nevertheless stayed in the chamber to call for the quorum to be counted, effectively forcing the meeting to be adjourned. The resignation was intended as a de facto referendum across all five geographical constituencies
Geographical constituency
In Hong Kong and Macau, geographical constituencies, as opposed to functional constituencies, are elected by all eligible voters according to geographically demarcated constituencies. There are currently 5 geographical constituencies in Hong Kong...
of the territory, involving the entire electorate, which would not be officially recognised anyway. Most other factions, although against the move by these five Members, stayed in the chamber.
Quorum-busting and attempts to thwart it are also a common feature during the annual motion debate related to 1989 Tiananmen massacre
Tiananmen Square protests of 1989
The Tiananmen Square protests of 1989, also known as the June Fourth Incident in Chinese , were a series of demonstrations in and near Tiananmen Square in Beijing in the People's Republic of China beginning on 15 April 1989...
moved by pro-democracy Member. The quorum is called to be counted from time to time by the Member's comrades, in order to force the pro-Beijing camp to keep some members in the chamber.
Turkey
According to article 96 of the Turkish Constitution, unless otherwise stipulated in the Constitution, the Turkish Grand National Assembly shall convene with at least, one-third of the total number of members (184 out of 550) and shall take decisions by an absolute majority of those present; however, the quorum for decisions can, under no circumstances, be less than a quarter plus one of the totalnumber of members.
Before the constitutional referendum of 2007
Turkish constitutional referendum, 2007
A constitutional referendum on electoral reform took place in Turkey on 21 October 2007. After the aborted attempt to elect the next president in May 2007, the government of Recep Tayyip Erdoğan introduced substantial electoral reforms in parliament which were then passed with the votes of...
, there was a quorum of two-third required in the Turkish Parliament. The opposition parties used the quorum to deadlock the presidential election of 2007
Turkish presidential election, 2007
The 2007 Turkish presidential election refers to two attempts to elect the country's 11th president, to succeed Ahmet Necdet Sezer. The most likely candidate for president was Abdullah Gül...
, making it impossible for the parliament to choose a president. As a result, the ruling AK party proposed a referendum to lower the quorum. Nearly seventy percent of the participants supported the constitutional changes.
United Kingdom
In the Parliament of the United KingdomParliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, the House of Commons has a quorum of 40 MPs, including the Speaker, out of 650 members of the House. There is no need for a quorum to be present at all times. Commons debates could theoretically continue even if just one MP and the Speaker were present. However, if a division is called and fewer than 40 MPs are present, then a decision on the business being considered is postponed and the House moves on to consider the next item of business. The quorum for votes on legislation in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
is 30, but just three of the 753 peers
Peerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
, including the Lord Speaker
Lord Speaker
The Lord Speaker is the speaker of the House of Lords in the Parliament of the United Kingdom. The office is analogous to the Speaker of the House of Commons: the Lord Speaker is elected by the members of the House of Lords and is expected to be politically impartial.Until July 2006, the role of...
, are required to be present for a debate to take place.
Historically, the Quorum was a select group of the Justices of the Peace in each county in the Early Modern Britain
Early Modern Britain
Early modern Britain is the history of the island of Great Britain, roughly corresponding to the 16th, 17th, and 18th centuries. Major historical events in Early Modern British history include the English Renaissance, the English Reformation and Scottish Reformation, the English Civil War, the...
. In theory they were men experienced in law, but many of the quorum were appointed because of their status. Some legislation required the involvement of a member of the quorum, (e.g. granting a licence to a badger
Badger (person)
A badger was, in English, a term of uncertain derivation for a dealer in food or victuals which he had purchased in one place and carried for sale in another place. The Oxford English Dictionary gives the earliest entry as being from Bristol in 1500, but there were bagergates at York in 1243 and...
). In practice, they increasingly were not qualified, as the proportion in the quorum rose faster than proportion who were called to the bar or practising lawyers. By 1532 an average 45% of Justices of the Peace nationally were of the quorum. In Somerset
Somerset
The ceremonial and non-metropolitan county of Somerset in South West England borders Bristol and Gloucestershire to the north, Wiltshire to the east, Dorset to the south-east, and Devon to the south-west. It is partly bounded to the north and west by the Bristol Channel and the estuary of the...
the proportion rose from 52% in 1562 to 93% in 1636. By then most of those not on the quorum were new to the bench. Sometimes Justices of the Peace were removed from the quorum as a disciplinary measure less drastic than removal from the bench.
United States
Article I, Section 5, Clause 1Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
provides that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business..." Therefore in both the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
and the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
a quorum is a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
of their respective members. The only exception is that stated in the Twelfth Amendment
Twelfth Amendment to the United States Constitution
The Twelfth Amendment to the United States Constitution provides the procedure for electing the President and Vice President. It replaced Article II, Section 1, Clause 3, which provided the original procedure by which the Electoral College functioned. Problems with the original procedure arose in...
, which provides that in cases in which no candidate for President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
receives a majority in the Electoral College, the election is decided by the House of Representatives, in which case "a quorum for this purpose shall consist of a member or members from two-thirds of the states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
," and in cases in which no candidate for Vice President of the United States
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
has been elected, the election is decided by the Senate, in which case "a quorum for the purpose shall consist of two-thirds of the whole number of Senators."
The Senate has the additional ordinary requirement in Rule VI
Standing Rules of the United States Senate, Rule VI
Rule VI of the Standing Rules of the United States Senate, established by the Committee on Rules and Administration, relates to a quorum and absentee Senators.This rule states:# A quorum shall consist of a majority of the Senators duly chosen and sworn....
of its Standing Rules
Standing Rules of the United States Senate
The Standing Rules of the Senate are the rules of order adopted by the United States Senate that govern its procedure. The Senate's power to establish rules derives from Article One, Section 5 of the United States Constitution: "Each House may determine the rules of its proceedings..."There are...
that "A quorum shall consist of a majority of the Senators duly chosen and sworn
Oath of office
An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...
."
The Internal Revenue Service
Internal Revenue Service
The Internal Revenue Service is the revenue service of the United States federal government. The agency is a bureau of the Department of the Treasury, and is under the immediate direction of the Commissioner of Internal Revenue...
requires that non-profit organization
Non-profit organization
Nonprofit organization is neither a legal nor technical definition but generally refers to an organization that uses surplus revenues to achieve its goals, rather than distributing them as profit or dividends...
s that receive tax exemption
Tax exemption
Various tax systems grant a tax exemption to certain organizations, persons, income, property or other items taxable under the system. Tax exemption may also refer to a personal allowance or specific monetary exemption which may be claimed by an individual to reduce taxable income under some...
s under Section 501(c)(3) have a quorum present at their required yearly meeting. If it is not, then not only can they not vote, but they must also have another meeting so that it then takes longer for them to make decisions.
Online communities
When votes are held in large online communities, where it may never be the case that a majority of the members are present, the effect of quorum is different. Being absent from the vote no longer requires particular effort, but is the default case: voters are usually assumed to be absent unless they cast a vote. Online communities therefore tend to have quorums that are much less than a majority of the members.In such votes, a non-monotonic
Monotonicity criterion
The monotonicity criterion is a voting system criterion used to analyze both single and multiple winner voting systems. A voting system is monotonic if it satisfies one of the definitions of the monotonicity criterion, given below.Douglas R...
aspect can be introduced: a voter can inadvertently swing a vote from failing to passing by voting no, if a majority has voted yes and that no vote is the one that causes quorum to be met. With no penalty for being absent, voters are faced with a strategic choice between voting no and not voting.
The Debian
Debian
Debian is a computer operating system composed of software packages released as free and open source software primarily under the GNU General Public License along with other free software licenses. Debian GNU/Linux, which includes the GNU OS tools and Linux kernel, is a popular and influential...
project has addressed this issue in its voting mechanisms with the idea of per-option quorum. A quorum is not set on the total number of votes, but on the number of votes a particular option (besides the status quo) must receive before it is considered. For example, in a yes/no vote, the quorum may say that at least 40 yes votes are required, along with yes having a majority of votes, for the vote to pass.
The political simulator NationStates and its fictional legislature, the World Assembly utilizes a 6% quorum of Regional Delegates to approve proposals.
See also
- Quorum callQuorum callA quorum call or call to quorum is a parliamentary procedure used to summon absent members of a deliberative body if a quorum is not present. Since attendance at debates is not mandatory in most legislatures, it is often the case that a quorum of members is not present while debate is ongoing...
- MinyanMinyanA minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....
- the quorum of 10 Jews (traditionally, ten male adults, above the age of 13) necessary for Jewish communal prayer to be conducted
External links
- Voting and Quorum Procedures in the U.S. Senate [pdf ~ 55k]