In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) takes places upon a motion to bring back for further consideration a matter previously decided. The motion originated in the United States.[1] A special form of this motion is reconsider and enter on the minutes.
Explanation and use
Robert's Rules of Order Newly Revised
| Class | Motion that brings a question again before the assembly |
|---|---|
| In order when another has the floor? | When another has been assigned the floor, but not after he has begun to speak |
| Requires second? | Yes |
| Debatable? | If motion to be reconsidered is debatable, in which case debate can go into that question |
| May be reconsidered? | No |
| Amendable? | No |
| Vote required | Majority |
Under Robert's Rules of Order Newly Revised (RONR), the motion to reconsider must be made within a limited time after the action on the original motion: usually at the same meeting or, in the case of a multi-day session or convention, on the next day within the session or convention in which business is conducted.[2] 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.[3] This is in contrast to the 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.[4] 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.[5]
The motion to reconsider is debatable to the extent that the motion being reconsidered is debatable.[6]
The making of the motion to reconsider takes precedence over all other motions and yields to nothing. 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.[7]
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.[8] 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.[9] In addition:
- Only votes on main motions may be reconsidered; under Robert's, votes on a variety of secondary (subsidiary, incidental and privileged) motions may be reconsidered. Under TSC, the chair has discretion (subject to appeal and reversal by the assembly) to permit renewal of secondary motions, which replaces the function of the motion for reconsideration regarding these motions.[10]
- If made while other business is pending, the motion to reconsider is taken up as soon as the other business is disposed of; under Robert's, if the motion to reconsider is made at a time when it cannot be considered immediately, the motion must be "called up" by a member, and if not called up before the close of the next meeting (if held within a quarterly time interval), the motion for reconsideration lapses.[11]
Legislative use
In American legislative bodies, there is a strong tradition of affirming the right to reconsider with almost no restrictions. Mason's Legislative Manual notes:[12]
With certain exceptions, every legislative body has the inherent right to reconsider a vote on any action previously taken by it. When not otherwise provided by law, all public bodies have a right during the session to reconsider action taken by them as they think proper, and it is the final result only that it is to be regarded as the thing done. Unless some right of a third person intervenes, all deliberative bodies have the right to reconsider their proceedings during a session as often as they think proper...Under general parliamentary law, most motions, whether carried or lost, can be reconsidered.
However, reconsideration is typically not allowed if another motion (e.g. to take from the table) would accomplish the result more directly (e.g. than reconsidering the motion to lay on the table). It is also not possible to reconsider if, for instance, vested rights have been acquired as a result of the action, or the subject is otherwise beyond the control or out of reach of the body taking the original action.[13] Mason's Manual states further:[14]
The courts do not support the statement that, as a rule of parliamentary law, the motion to reconsider may be made only on the day the vote was taken or on the day following. If it is desired to restrict the time within which the motion may be made, it should be done by rule. In practice, the right is closely restricted in time because the motion cannot be made after the subject of the vote is out of the possession of the body.
California Senate Rule No. 43 and New York Senate Rule No. 30 provide that any member can make the motion to reconsider, not just someone who voted on the prevailing side.
Mason's Manual permits a member to give notice of the motion to reconsider.[15]
In the U.S. House of Representatives, following a vote, the Speaker typically announces that, "without objection, a motion to reconsider is laid on the table."[16] 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
The motion to reconsider and enter on the minutes is a special form of the motion to reconsider that automatically halts a passed motion from taking effect until it is called up at another meeting, which cannot be held on the same day.[17] Its purpose is to delay a temporary majority from taking action on a measure until there is time to notify absent members.[18]
Demeter's Manual notes:[19]
Whenever a mischievous, arrogant or unscrupulous temporary majority passes undesirable business at a meeting, and the minority does not command enough votes to swing reconsideration and reverse it, if one of the minority who alertly voted with the prevailing side moves to reconsider and enter the objectionable act and it is seconded, this motion then has the effect of automatically restraining execution of the objectionable business until the proposed reconsideration has been acted on at the next meeting, since an adopted question is not considered as having been finally passed if a motion to reconsider it is pending.
This motion is needed in large societies with frequent meetings and small quorums. For example, at a long meeting, many members have left, leaving a quorum consisting mostly of a group determined to take certain action. In this case, this motion prevents the vote on that action from becoming final.[18]
RONR provides that it cannot be applied to motions whose object would be defeated by a delay of one day (such as inviting a speaker to address the assembly the following morning). It also cannot be moved at the last business meeting of the session if more than a quarterly time interval will elapse before the next regular business session. When it is moved on the last day, but not the last meeting, of a session not scheduled to meet within a quarterly time interval, it may be called up at the last meeting of the session.[18]
While the motion is technically undebatable, a member can slip in a few explanatory remarks. E.g., after the chair asks, "Did the member vote on the prevailing side on this question?" the member might reply, "Yes. I sensed that this unnecessary and costly proposition would pass, and so I intentionally voted with the prevailing side in order to qualify to move to reconsider and enter."[20]
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." It is allowed to withdraw the motion to reconsider and enter before the end of the meeting in which it is made. However, this opens up the potential for more strategic use of parliamentary procedure, to wit:[20]
It is conceivable that a conniving majority may deliberately give such previous notice ahead of interested majority members, and then purposefully withdraw it later at the meeting when minority members, who had qualified to give notice of reconsideration of a question, have left the meeting, in which case there would be no reconsideration to act on at the next meeting. To outwit or thwart such stratagem, either (1) stay through the meeting, so you can give the same notice if it has been withdrawn, or (2) give the previous notice ahead of them, which only you can withdraw, or (3) give the same previous notice after they give theirs...
In contrast to Demeter's Manual and RONR, The Standard Code of Parliamentary Procedure (TSC) simply says, "When this motion is made, it should be ruled out of order." TSC calls it the "monkey-wrench motion," opining that it throws a monkey-wrench into the smoothly operating machinery of majority rule, and states that the motion should only be permitted if the bylaws or standing rules of the organization allow for it. While RONR states that abuses of the motion by an actual minority can be curtailed by a motion by the majority to call a special meeting to take up the matter, TSC notes, "It is doubtful, however, that many modern organizations would approve of calling a special meeting for the sole purpose of dealing with a parliamentary maneuver."[21]
References
- ^ Robert, Henry M. (2011). Robert's Rules of Order Newly Revised, 11th ed., p. 315 (RONR)
- ^ RONR, p. 316
- ^ RONR, p. 321
- ^ RONR, p. 315
- ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 229
- ^ RONR, p. 320
- ^ RONR, p. 318
- ^ Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 40–41,236
- ^ TSC, p. 42,236
- ^ TSC, p. 39, 236
- ^ TSC, p. 39–40
- ^ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, p. 299–300
- ^ Mason, p. 301
- ^ Mason, p. 310
- ^ Mason, p. 465
- ^ Motion to Reconsider
- ^ Robert, Henry M. (2011). Robert's Rules of Order Newly Revised, 11th ed., p. 333 (RONR)
- ^ a b c RONR, p. 334
- ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 160
- ^ a b Demeter's, p. 162
- ^ Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 237