Reconsideration of a motion: Difference between revisions

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{{Short description|Motion in parliamentary procedure}}
In [[parliamentary procedure]], '''reconsideration of a motion''' (or '''reconsideration of a question''') takesmay placebe bydone adoption ofon a matter previously decided. The [[Motion (parliamentary procedure)|motion]] to [[Motions"reconsider" thatis bring a question again before the assembly|bring back]]used for furtherthis consideration a matter previously decidedpurpose. TheThis motion originated in the [[United States]] and is generally not used in [[parliament]]s.<ref name=":0">{{Cite book|title = Robert's Rules of Order Newly Revised|last = Robert|first = Henry M.|publisher = Da Capo Press|year = 2011|isbn = 978-0-306-82020-5|location = Philadelphia, PA|pages = 315|edition = 11th|ref = harv|display-authors = etal}}</ref><ref>{{Cite news|url = https://news.google.com/newspapers?nid=1346&dat=19761010&id=7e4vAAAAIBAJ&sjid=wvoDAAAAIBAJ&pg=7017,2742609&hl=en|title = Americans Reconsider Motions|last = Bagley|first = Toni|date = October 10, 1976|work = Lakeland Ledger|access-date = 2016-02-20|via = Google News}}</ref> A special form of this motion is '''reconsider and enter on the minutes'''.
 
== Explanation and use ==
 
===''Robert's Rules of Order Newly Revised''===
{{Infobox motion
| name = Reconsider (RONR)
Line 14 ⟶ 15:
| reconsidered = No
}}
A matter that was voted on could be brought back again through the motion to '''reconsider'''. Under ''[[Robert's Rules of Order|Robert's Rules of Order Newly Revised]]'' (RONR), thethis motion to reconsider must be made within a limited time after the action on the original motion: usuallyeither aton the same meetingday or, in the case of a multi-day session or(such as a [[Convention (meeting)|convention]]), on the next day within the session or convention in which business is conducted.<ref>{{Harvard citation no brackets|Robert|2011|p = 316}}</ref> Until the motion to reconsider is disposed of or lapses, the effect of the original vote is suspended, and no action may be taken to implement it.<ref>{{Harvard citation no brackets|Robert|2011|p = 321}}</ref> This is in contrast to the [[Rescind or amend something previously adopted|motion to rescind]], which may be made at any later meeting, but until passed, has no effect on the original decision.
 
Until the motion to reconsider is disposed of or lapses, the effect of the original vote is suspended, and no action may be taken to implement it.<ref>{{Harvard citation no brackets|Robert|2011|p = 321}}</ref> This is in contrast to the [[Rescind or amend something previously adopted|motion to rescind]], which may be made at any later meeting, but until passed, has no effect on the original decision.
The motion to reconsider may be made only by a member who voted on the prevailing side in the original vote.<ref name=":0" /> If another member disputes an assertion by the maker of the motion to reconsider that he voted on the prevailing side, the member moving to reconsider is to be believed unless the record of a roll call vote says otherwise.<ref>{{cite parl|title=DEM|pages=229}}</ref>
 
The motion to reconsider may be made only by a member who voted on the prevailing side in the original vote (such as someone who voted "yes" if the motion had passed or voted "no" if the motion was defeated).<ref name=":0" /> If another member disputes an assertion by the maker of the motion to reconsider that he voted on the prevailing side, the member moving to reconsider is to be believed unless the record of a roll call vote says otherwise.<ref>{{cite parl|title=DEM|pages=229}}</ref>
The motion to reconsider is debatable to the extent that the motion being reconsidered is debatable.<ref>{{Harvard citation no brackets|Robert|2011|p = 320}}</ref>
 
The making of the motion to reconsider takesis precedence over all other motions and yieldsdebatable to nothing. It is not, however, considered at the timeextent it is made if other business is pending, and the timing of its consideration depends on the ranking ofthat the motion thatbeing ledreconsidered tois the vote to be reconsidereddebatable.<ref>{{Harvard citation no brackets|Robert|2011|p = 318320}}</ref>
 
The making of the motion to reconsider takes precedence over all other motions and yields to nothing.<ref>{{Harvard citation no brackets|Robert|2011|p = 317}}</ref> It is not, however, considered at the time it is made if other business is pending, and the timing of its consideration depends on the ranking of the motion that led to the vote to be reconsidered.<ref>{{Harvard citation no brackets|Robert|2011|p = 318}}</ref> If it could not be considered at the time, a member could call up the motion to reconsider when it is appropriate to do so.<ref>{{Harvard citation no brackets|Robert|2011|p = 323}}</ref>
 
===''Standard Code of Parliamentary Procedure''===
The ''[[Standard Code of Parliamentary Procedure]]'' (TSC) treats thisthe motion to reconsider differently in athe number offollowing ways. TheThis motion could be made by any member (not just one who voted on the prevailing side).<ref>{{cite parl|title=TSC|pages=40–41,236}}</ref> The motionIt is debatable only as to the reasons for reconsideration, and the original motion is opened for debate only if the motion for reconsideration passes.<ref>{{cite parl|title=tsc|pages=42,236}}</ref> In addition, onlyOnly votes on [[Main motion|main motionsmotion]]s may be reconsidered (not secondary motions).<ref>{{cite parl|title=tsc|pages=39, 236}}</ref> Also, ifIf made while other business is pending, the motion to reconsider is taken up as soon as the other business is disposed of (it does not wait for someone to call up the motion).<ref>{{cite parl |title=tsc |pages=39–40}}</ref>
 
===Standard Code of Parliamentary Procedure===
The [[Standard Code of Parliamentary Procedure]] (TSC) treats this motion differently in a number of ways. The motion could be made by any member.<ref>{{cite parl|title=TSC|pages=40–41,236}}</ref> The motion is debatable only as to the reasons for reconsideration, and the original motion is opened for debate only if the motion for reconsideration passes.<ref>{{cite parl|title=tsc|pages=42,236}}</ref> In addition, only votes on [[Main motion|main motions]] may be reconsidered.<ref>{{cite parl|title=tsc|pages=39, 236}}</ref> Also, if made while other business is pending, the motion to reconsider is taken up as soon as the other business is disposed of.<ref>{{cite parl |title=tsc |pages=39–40}}</ref>
===Legislative use===
In American legislative bodies, there is a strong tradition of affirming the right to reconsider with almost no restrictions.<ref>{{cite parl|title=MAS|pages=299–300}}</ref> HoweverAs with the case in other assemblies, reconsideration is typically not allowed if another motion would accomplish the result more directly (e.g. [[take from the table]] instead of reconsidering the motion to [[table (parliamentary procedure)|lay on the table]]). It is also not possible to reconsider if vested rights have been acquired as a resultbecause of the action, or the subject is otherwise beyond the control or out of reach of the body taking the original action.<ref>{{cite parl|title=mas|pages=301}}</ref>
 
''[[Mason's Manual of Legislative Procedure]]'' states that there are no time limits with the motion to reconsider other than the practical limits of the item being within the reach of the assembly.<ref>{{cite parl|title=mas|pages=310}}</ref>
 
[[CaliforniaThe Senate]]rules Rulein No.these 43bodies and [[New York Senate]] Rule No. VImay provide that any member can make the motion to reconsider, not just someone who voted on the prevailing side (such as [[California Senate]] Rule No. 43 and [[New York Senate]] Rule No. VI).<ref>{{Cite web|title = Standing Rules of the Senate|url = http://www.legislature.ca.gov/the_state_legislature/rules_and_ethics/2015-16%20Senate%20Standing%20Rules%20amended%20by%20SR%208.pdf|website = www.legislature.ca.gov|access-date = 2016-02-20|publisher = California State Legislature}}</ref><ref>{{Cite web|title = R5, Adopts the Rules of the Senate for the 2015 - 2016 Session|url = https://www.nysenate.gov/legislation/resolutions/2015/r5|website = NY State Senate|access-date = 2016-02-20}}</ref>
 
''Mason's Manual'' permits a member to give notice of the motion to reconsider.<ref>{{cite parl|title=mas|pages=465}}</ref>
 
In the U.S. Congress, there are specific limits to the motion to reconsider.<ref>{{Cite web|url=https://www.gpo.gov/fdsys/pkg/HMAN-105/html/HMAN-105-pg640.htm|title=Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress-Rule XVIII.Reconsideration|website=www.gpo.gov|access-date=2016-02-21|quote=When a motion has been made and carried or lost, it shall be in order for any member of the majority, on the same or succeeding day, to move for the reconsideration thereof, and such motion shall take precedence of all other questions except the consideration of a conference report or a motion to adjourn, and shall not be withdrawn after the said succeeding day without the consent of the House, and thereafter any Member may call it up for consideration: Provided, That such motion, if made during the last six days of a session, shall be disposed of when made.}}</ref> In addition, a custom that is followed in this body is that following a vote, the speaker or [[Speaker of the United States House of Representatives#Presiding officer|speaker pro tempore]] (in the [[US House of Representatives]]) or president or [[President pro tempore of the United States Senate#Acting president pro tempore|acting president pro tempore]] (in the [[US Senate]]) typically announces that, "without objection, athe motion to reconsider is laid onupon the table."<ref>{{Cite web|title = THE MOTION TO RECONSIDER|url = http://archives.-democrats.-rules.house.gov/archives/reconsider_mot.htm|website = archives.-democrats.-rules.house.gov|access-date = 2016-02-20}}</ref> Although no motion to reconsider (or to table) have actually been made, the making of this statement (unless there is objection) precludes the making of a future motion for reconsideration and makes the vote final.
 
==Reconsider and enter on the minutes==
Line 43 ⟶ 47:
This motion cannot be applied to motions whose object would be defeated by the delay.<ref name=":1" />
 
''Demeter's Manual'' notes, "If the motion to reconsider and enter a question is not called up before adjournment of the next meeting, the objectionable act then goes into effect upon adjournment. To reconsider and enter is out of order when its purpose is obviously [[dilatory]]."<ref name="autogenerated1">Demeter's, p. 162</ref> It is allowed to withdraw the motion to reconsider and enter before the end of the meeting in which it is made.
 
''[[The Standard Code of Parliamentary Procedure|The Standard Code of Parliamentary Procedure]]'' does not have this motion.<ref>{{cite parl|title = tsc|pages = 237|edition = 4th}}</ref>
 
== See also ==
* [[Repeal#Parliamentary procedure]]
* [[Rethinking]]
 
==References==
{{reflist|2}}
{{Parliamentary Procedure}}
 
[[Category:Motions that bring a question again before the assembly]]