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{{Short description|Motion in parliamentary procedure}} |
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In [[parliamentary procedure]], '''reconsideration of a motion''' (or '''reconsideration of a question''') takes places upon a [[Motion (parliamentary procedure)|motion]] to bring back for further consideration a matter previously decided. The motion originated in the [[United States]].<ref>{{cite parl|title = RONR|edition = 11th|pages = 315|year = 2011}}(RONR)</ref> |
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In [[parliamentary procedure]], '''reconsideration of a motion''' (or '''reconsideration of a question''') may be done on a matter previously decided. The [[Motion (parliamentary procedure)|motion]] to "reconsider" is used for this purpose. This 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|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'''. |
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{{Infobox motion |
{{Infobox motion |
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| name = Reconsider (RONR) |
| name = Reconsider (RONR) |
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| reconsidered = No |
| reconsidered = No |
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Under ''[[Robert's Rules of Order|Robert's Rules of Order Newly Revised]]'' (RONR), |
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), this motion must be made within a limited time after the action on the original motion: either on the same day or in the case of a multi-day session (such as a [[Convention (meeting)|convention]]), on the next day within the session in which business is conducted.<ref>{{Harvard citation no brackets|Robert|2011|p = 316}}</ref> |
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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. |
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| ⚫ | 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> |
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| ⚫ | 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.<ref>{{ |
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| ⚫ | 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> |
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A special form of reconsider is the motion to [[reconsider and enter on the minutes]], whose intended use is to prevent a temporary minority from taking action that would be opposed by the majority.<ref>{{cite parl|title = ronr|pages = 332}}</ref> This motion cannot be called up on the day that it is made. |
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==Standard Code of Parliamentary Procedure== |
===''Standard Code of Parliamentary Procedure''=== |
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The [[Standard Code of Parliamentary Procedure]] (TSC) |
The ''[[Standard Code of Parliamentary Procedure]]'' (TSC) treats the motion to reconsider differently in the following ways. This 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> It 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> Only votes on [[main motion]]s may be reconsidered (not secondary motions).<ref>{{cite parl|title=tsc|pages=39, 236}}</ref> If 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> |
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*Only votes on main motions may be reconsidered; under Robert's, votes on a variety of secondary ([[subsidiary motion|subsidiary]], [[incidental motion|incidental]] and [[privileged motion|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.<ref>{{cite parl|title=tsc|pages=39, 236}}</ref> |
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*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.<ref>{{cite parl |title=tsc |pages=39–40}}</ref> |
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*The special form under Robert's, Reconsider and Enter on the Minutes, is omitted and expressly disapproved under TSC.<ref>{{cite parl|title=tsc|pages=237}}</ref> Instead, a successful main motion may be subject to a motion to rescind at a later meeting, and an unsuccessful main motion may be renewed. |
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==Legislative use== |
===Legislative use=== |
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In American legislative bodies, there is a strong tradition of affirming the right to reconsider with almost no restrictions. |
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> As with the case in other assemblies, reconsideration is 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 because 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> |
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{{cquote|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.}} |
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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 [[table (parliamentary procedure)|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.<ref>{{cite parl|title=mas|pages=301}}</ref> Mason's Manual states further:<ref>{{cite parl|title=mas|pages=310}}</ref> |
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{{cquote|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.}} |
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[[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. |
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Mason's Manual |
''[[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> |
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The rules in these bodies may 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> |
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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."<ref>[http://thomas.loc.gov/home/enactment/motions.html Motion to Reconsider<!-- Bot generated title -->]</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. |
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''Mason's Manual'' permits a member to give notice of the motion to reconsider.<ref>{{cite parl|title=mas|pages=465}}</ref> |
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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, the motion to reconsider is laid upon 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. |
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| ⚫ | 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.<ref>{{Harvard citation no brackets|Robert|2011|p = 333}}</ref> Its purpose is to delay a temporary majority from taking action on a measure until there is time to notify absent members.<ref name=":1">{{Harvard citation no brackets|Robert|2011|p = 334}}</ref><ref>{{cite parl|title=DEM|pages=160}}</ref> |
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{{cquote|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.}} |
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| ⚫ | This motion is needed in large societies with frequent meetings and small quorums. For example, at a long meeting, many members may 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.<ref name=":1" /> |
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===When needed and allowed=== |
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| ⚫ | 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.<ref name=": |
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This motion cannot be applied to motions whose object would be defeated by the delay.<ref name=":1" /> |
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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.<ref name=":0" /> |
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| ⚫ | ''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. |
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In contrast to Demeter's Manual and RONR, [[The Standard Code of Parliamentary Procedure|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 rule]]s 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."<ref>{{cite parl|title=TSC|pages=237|edition=4th}}</ref> |
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===Strategy=== |
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| ⚫ | 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. |
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{{cquote|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...}} |
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== See also == |
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* [[Repeal#Parliamentary procedure]] |
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While the motion is technically [[Debate (parliamentary procedure)|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."<ref name=autogenerated1 /> |
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* [[Rethinking]] |
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==References== |
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{{reflist|2}} |
{{reflist|2}} |
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{{Parliamentary Procedure}} |
{{Parliamentary Procedure}} |
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[[Category:Motions that bring a question again before the assembly]] |
[[Category:Motions that bring a question again before the assembly]] |
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Latest revision as of 17:13, 5 December 2023
In parliamentary procedure, reconsideration of a motion (or reconsideration of a question) may be done on a matter previously decided. The motion to "reconsider" is used for this purpose. This motion originated in the United States and is generally not used in parliaments.[1][2] A special form of this motion is reconsider and enter on the minutes.
Explanation and use[edit]
Robert's Rules of Order Newly Revised[edit]
| 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 |
A matter that was voted on could be brought back again through the motion to reconsider. Under Robert's Rules of Order Newly Revised (RONR), this motion must be made within a limited time after the action on the original motion: either on the same day or in the case of a multi-day session (such as a convention), on the next day within the session in which business is conducted.[3]
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.[4] 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 (such as someone who voted "yes" if the motion had passed or voted "no" if the motion was defeated).[1] 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.[7] 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.[8] 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.[9]
Standard Code of Parliamentary Procedure[edit]
The Standard Code of Parliamentary Procedure (TSC) treats the motion to reconsider differently in the following ways. This motion could be made by any member (not just one who voted on the prevailing side).[10] It is debatable only as to the reasons for reconsideration, and the original motion is opened for debate only if the motion for reconsideration passes.[11] Only votes on main motions may be reconsidered (not secondary motions).[12] If 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).[13]
Legislative use[edit]
In American legislative bodies, there is a strong tradition of affirming the right to reconsider with almost no restrictions.[14] As with the case in other assemblies, reconsideration is not allowed if another motion would accomplish the result more directly (e.g. take from the table instead of reconsidering the motion to lay on the table). It is also not possible to reconsider if vested rights have been acquired because of the action, or the subject is otherwise beyond the control or out of reach of the body taking the original action.[15]
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.[16]
The rules in these bodies may 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).[17][18]
Mason's Manual permits a member to give notice of the motion to reconsider.[19]
In the U.S. Congress, there are specific limits to the motion to reconsider.[20] In addition, a custom that is followed in this body is that following a vote, the speaker or speaker pro tempore (in the US House of Representatives) or president or acting president pro tempore (in the US Senate) typically announces that, "without objection, the motion to reconsider is laid upon the table."[21] 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[edit]
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.[22] Its purpose is to delay a temporary majority from taking action on a measure until there is time to notify absent members.[23][24]
This motion is needed in large societies with frequent meetings and small quorums. For example, at a long meeting, many members may 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.[23]
This motion cannot be applied to motions whose object would be defeated by the delay.[23]
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."[25] 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 does not have this motion.[26]
See also[edit]
References[edit]
- ^ a b Robert, Henry M.; et al. (2011). Robert's Rules of Order Newly Revised (11th ed.). Philadelphia, PA: Da Capo Press. p. 315. ISBN 978-0-306-82020-5.
- ^ Bagley, Toni (October 10, 1976). "Americans Reconsider Motions". Lakeland Ledger. Retrieved 2016-02-20 – via Google News.
- ^ Robert 2011, p. 316
- ^ Robert 2011, p. 321
- ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 229
- ^ Robert 2011, p. 320
- ^ Robert 2011, p. 317
- ^ Robert 2011, p. 318
- ^ Robert 2011, p. 323
- ^ 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
- ^ "Standing Rules of the Senate" (PDF). www.legislature.ca.gov. California State Legislature. Retrieved 2016-02-20.
- ^ "R5, Adopts the Rules of the Senate for the 2015 - 2016 Session". NY State Senate. Retrieved 2016-02-20.
- ^ Mason, p. 465
- ^ "Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 105th Congress-Rule XVIII.Reconsideration". www.gpo.gov. Retrieved 2016-02-21.
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.
- ^ "THE MOTION TO RECONSIDER". archives-democrats-rules.house.gov. Retrieved 2016-02-20.
- ^ Robert 2011, p. 333
- ^ a b c Robert 2011, p. 334
- ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 160
- ^ Demeter's, p. 162
- ^ TSC, p. 237
