[HOUSE PRACTICE, 104th Congress, 2d Session]
[A Guide to the Rules, Precedents and Procedures of the House]
[From the U.S. Government Printing Office via GPO Access]
[DOCID:hp_txt-21]
[Page 449-457]
[[Page 449]]
DIVISION OF THE QUESTION FOR VOTING
A. Generally
Sec. 1. In General; Form
Sec. 2. Tests of Divisibility
Sec. 3. Demanding a Division
B. Division of Particular Propositions
Sec. 4. In General
Sec. 5. Simple or Concurrent Resolutions
Sec. 6. -- Resolutions Naming Two or More Individuals
Sec. 7. -- Special Orders
Sec. 8. Amendments
Sec. 9. -- En Bloc Amendments
Sec. 10. Motions to Strike
Sec. 11. Motions to Strike and Insert
Sec. 12. Motions to Suspend the Rules
Sec. 13. Motions to Recommit
Sec. 14. Motions to Table
Sec. 15. Senate Amendments
C. Consideration of Divided Propositions
Sec. 16. In General
Research References
5 Hinds Secs. 6106-6162
8 Cannon Secs. 3163-3176
Manual Secs. 480-482, 791-793
A. Generally
Sec. 1 . In General; Form
A question which consists of two or more separable substantive
propositions is subject to a division of the question, if demanded
(Rule XVI
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clause 6) so as to obtain a separate vote on each proposition. 89-1,
Aug. 18, 1965, p 20948; 95-1, Mar. 31, 1977, p 9847. The procedure is
applicable in the House as well as in the Committee of the Whole. 89-
1, Aug. 18, 1965, p 20948; 93-2, Apr. 4, 1974, pp 9849, 9854, 9855.
Clause 6 provides:
On the demand of any Member, before the question is put, a
question shall be divided if it includes propositions so distinct in
substance that one being taken away a substantive proposition shall
remain. . . .
The rule contains provisos barring its application to special
orders of business from the Committee on Rules or to propositions
electing Members to standing or joint committees. Manual Sec. 791. The
entire rule may be suspended by the adoption of a resolution from the
Committee on Rules. 7 Cannon Sec. 775.
Sec. 2 . Tests of Divisibility
To be divided for a vote, a question must consist of at least two
separate and distinct propositions (94-1, Dec. 4, 1975, p 38717; 94-2,
Sept. 9, 1976, p 29538) both grammatically and substantively, so that
if one proposition is rejected a separate proposition will logically
remain. See 94-1, Mar. 20, 1975; 94-2, May 26, 1976, p 15506. Either
one being taken away a substantive proposition must remain upon which
action can be taken by the House. 8 Cannon Sec. 3165. In passing on a
demand for division the Chair considers only the severability of the
propositions and not the merits of the question presented. 5 Hinds
Sec. 6122.
The requirement that there must be at least two substantive
propositions in order to justify division is strictly enforced. 5
Hinds Secs. 6108-6113. If either proposition, standing alone, is not a
distinct substantive proposition, the question is not divisible even
though each portion is grammatically complete. 7 Cannon Secs. 3165,
3167. However, in dividing a question into separate propositions, some
restructuring of the language used is in order. 5 Hinds Secs. 6114-
6118; Manual Sec. 792.
Sec. 3 . Demanding a Division
A request for a division of the question does not require
unanimous consent. 94-1, June 19, 1975, p 19767. No motion is made.
98-1, Nov. 8, 1983, p 31477. The Member seeking a division rises and
addresses the Chair:
Member: Mr. Speaker, I demand a division of the question.
Speaker: The gentleman will indicate the proposition(s) on which
he desires a separate vote. . . .
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Speaker: The gentleman requests a division, and that portion of
the amendment will be divided for a separate vote.
[Or]
Opponent: Mr. Speaker, I make the point of order that the question
is not susceptible of division, and that the portions indicated by
the gentleman do not constitute separate substantive propositions.
Speaker: The Chair will hear the gentleman.
A demand for a division of a question is in order after the
previous question has been ordered. 5 Hinds Secs. 5468, 6149; 8 Cannon
Sec. 3173. Under Rule XVI clause 6, the demand for a division is in
order before the question is put to the House for a vote. 94-1, Dec.
4, 1975, p 38717; 94-2, Sept. 9, 1976, p 29538. The question may not
be divided after it has been put (5 Hinds Sec. 6162) or after the yeas
and nays have been ordered (5 Hinds Secs. 6160, 6161). The demand is
likewise untimely if the question is one against which a point of
order has been raised and is pending. 8 Cannon Sec. 3432.
A demand for a division of the question may be withdrawn; but this
is permitted only by unanimous consent once the Chair has put the
question on the first portion to be voted on. 94-2, Sept. 9, 1976, p
29540.
B. Division of Particular Propositions
Sec. 4 . In General
Generally; Distinction Between Bills and Resolutions
Whether a division of the question may be demanded depends on the
nature of the pending matter and on whether it meets the tests of
divisibility (Sec. 2, supra) imposed by Rule XVI. Certain House
resolutions--whether simple or concurrent--are subject to the demand
when the question is put on agreeing thereto (Sec. 5, infra); but
bills and joint resolutions are not divisible on passage. A separate
vote may not be demanded on various provisions set forth in such a
measure (5 Hinds Secs. 6144-46; 8 Cannon Sec. 3172) or on its preamble
(5 Hinds Sec. 6147). Certain amendments, such as a compound motion to
strike (Sec. 10, infra) can be divided; but most other motions are not
divisible.
A motion for the previous question on a proposition and an
amendment thereto is not divisible. Rule XVII clause 1; 101-2, Sept.
25, 1990, p ____. However, when the previous question is ordered on a
measure and a pending amendment, the vote comes first on the
amendment, then on the text as perfected or not. And when the previous
question has been ordered on adoption of a measure containing a series
of simple resolutions, they may be divided for a vote on demand. 5
Hinds Sec. 6149.
[[Page 452]]
The question of engrossment and third reading of a bill under Rule
XXI clause 1 is not subject to a demand for a division of the
question. Under that clause engrossment and third reading is stated as
one question and if divided would not present two separate substantive
propositions under the rules of the House. 101-1, Aug. 3, 1989, p
____.
Appeals
There may be a division of the question on an appeal from a
decision of the Speaker if the decision involves two or more separate
and distinct questions. 5 Hinds Sec. 6157.
Sec. 5 . Simple or Concurrent Resolutions
A simple or concurrent resolution may be subject to a demand for a
division of the question if it satisfies the test of divisibility
imposed by Rule XVI (see Sec. 2, supra). Thus, a concurrent resolution
on the budget is subject to a demand for a division of the question if
the resolution grammatically and substantively relates to different
fiscal years (96-2, May 7, 1980, pp 10185-87), or includes a separate,
hortatory section having its own grammatical and substantive meaning
(102-2, Mar. 5, 1992, p ____). It is in order to demand a division of
the question on agreeing to an impeachment resolution so as to obtain
a separate vote on each article. 6 Cannon Sec. 545.
To be subject to a demand for a division of the question, a
resolution must present two or more separate and distinct substantive
propositions. It has been held that a resolution (1) censuring a
Member and (2) adopting the committee report recommending such censure
on the basis of the committee's findings, is not divisible since these
questions are substantially equivalent. 95-2, Oct. 13, 1978, p 37009.
An adjournment resolution which also authorizes the receipt of veto
messages from the President during the adjournment is not subject to a
division of the question, as the receipt authority would be
nonsensical standing alone. 94-2, June 30, 1976, p 21702.
It is not in order to demand a division of the question on matters
that are merely incorporated by reference in the pending resolution.
For example, when a resolution to adopt a series of rules, referred to
but not made a part of the resolution, is before the House, it is not
in order to demand a separate vote on each rule. 5 Hinds Sec. 6159.
Sec. 6 . -- Resolutions Naming Two or More Individuals
While a resolution electing Members to standing or joint
committees is not divisible (clause 6, Rule XVI), other types of
resolutions relating to two or more named individuals may be divided
for the purpose of voting. 94-
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1, Mar. 19, 1975, p 7344. Thus, a resolution confirming the nomination
of certain individuals to executive branch offices is subject to a
division of the question so as to obtain a separate vote on each
nominee. 94-1, Mar. 19, 1975, p 7344.
A resolution relating to two or more named individuals may be
divided even though that may require a grammatical reconstruction of
the text. 5 Hinds Sec. 6121. A word that is a mere formality, such as
``resolved,'' is sometimes supplied by interpretation of the Chair. 5
Hinds Secs. 6114-6118. However, a contempt resolution certifying three
persons in one resolve clause has been held not divisible. 74-2, May
28, 1936, p 8220. Recent practice suggests that in such cases separate
resolve clauses be drafted for inclusion in the resolution. 99-2, Feb.
27, 1986, pp 3050, 3061.
Sec. 7 . -- Special Orders
Resolutions reported from the Committee on Rules providing a
special order of business are not divisible, since a division of such
questions is prohibited by Rule XVI clause 6. Manual Sec. 792.
However, other types of special rules from the committee are subject
to a demand for a division where the resolution contains separate and
distinct substantive propositions as required by Rule XVI. (Tests of
divisibility, see Sec. 2, supra.) For example, a resolution reported
from that committee establishing two or more select committees is
subject to a demand for a division of the question. 100-1, Jan. 8,
1987, p 1036.
Sec. 8 . Amendments
Generally
Rule XVI clause 6 permits a division of the question on an
amendment on the demand of any Member where the amendment is properly
divisible into two or more substantive propositions. 93-2, Apr. 4,
1974, pp 9849, 9854, 9855. A division is in order before the Chair
puts the question on the amendment if the amendment contains
propositions so distinct in substance that one being taken away, a
substantive proposition remains. 98-1, Nov. 8, 1983, p 31494. Thus, an
amendment offered to an appropriation bill, providing that no part of
the appropriation may be paid to named individuals, may be divided for
a separate vote on each name. 78-1, Feb. 5, 1943, p 645.
Amendments Taken Up in Committee of the Whole
The rule permitting a division of the question (Rule XVI clause 6)
is applicable to an amendment consisting of two or more substantive
propo-
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sitions under consideration in the Committee of the Whole. 89-1, Aug.
18, 1965, p 20948; 93-2, Apr. 4, 1974, pp 9849, 9854, 9855. A request
for a division of the question on such an amendment may be made in the
Committee at any time before the Chair puts the question thereon. 5
Hinds Sec. 6162; 97-1, Oct. 21, 1981, p 24785. However, an amendment
reported to the House from the Committee of the Whole as an entire and
distinct amendment is not subject to a division of the question in the
House. 4 Hinds Secs. 4883-4892. A separate vote may not be demanded in
the House on an amendment adopted in the Committee to an amendment
unless specifically permitted by special order. 8 Cannon Secs. 2422,
2426, 2427; Manual Sec. 792. Generally, see Committees of the Whole.
Perfecting Amendments; Substitute Amendments
An amendment adding language to the pending text is divisible if
the language to be added contains two or more distinct propositions. 5
Hinds Secs. 6129, 6133. However, a substitute amendment is not subject
to a demand for a division of the question. 5 Hinds Sec. 6127; 8
Cannon Sec. 3168; 96-2, July 2, 1980, p 18292. The division of a
motion to strike out and insert is precluded by House rule. Sec. 11,
infra.
A division of the question may be demanded on an amendment before
amendments are adopted thereto, or on the amendment as amended
(assuming that perfecting amendments or an adopted substitute do not
destroy the divisibility of the amendment as amended). 95-1, Oct. 19,
1977, p 34259.
A negative vote on a motion to strike out a portion of a pending
amendment does not prevent a demand for a division of that portion of
the amendment if it is a separate proposition and therefore properly
severable. 89-1, Aug. 18, 1965, p 20956.
Sec. 9 . -- En Bloc Amendments
Consideration of several amendments en bloc by unanimous consent
or otherwise does not prevent a division of the question from being
demanded so as to obtain a separate vote on one of the amendments. 96-
1, Dec. 14, 1979, p 36194. 102-1, July 18, 1991, p ____. In fact, a
Member may be permitted to offer several amendments en bloc and then
demand a division of the question for a separate vote on each one. 89-
2, June 9, 1966, p 12881. However, amendments en bloc proposing only
to transfer appropriations among objects in a general appropriation
bill (without increasing the levels of budget authority or outlays in
the bill), when considered en bloc pursuant to Rule XXI, are not
subject to a demand for division of the question in the House or in
the Committee of the Whole. Clause 2(f) (adopted in 1995).
[[Page 455]]
Sec. 10 . Motions to Strike
A motion striking out various unrelated propositions may be
divided for purposes of voting. 8 Cannon Sec. 3166; 98-2, Mar. 28,
1984, p 6898. Thus, an amendment proposing to strike out two or more
sections of a pending amendment may be divided in order to obtain
separate votes on the proposal to strike out each section. 93-2, July
25, 1974, pp 25238, 25239. However, an amendment proposing to strike
out a provision in a bill--and to redesignate subsequent paragraphs
accordingly--is not subject to a demand for a division, since it
contains only one substantive proposition. 93-2, Dec. 10, 1974, p
38746.
Sec. 11 . Motions to Strike and Insert
Although a motion to insert may be divisible (Sec. 8, supra), the
division of a motion to strike out and insert is precluded by Rule XVI
clause 7. Manual Sec. 793. The indivisibility of a motion to strike
and insert under clause 7 of Rule XVI operates not only between the
branches of the motion but also within each branch. 8 Cannon
Sec. 3169. See also 5 Hinds Sec. 6124.
A simple motion to strike may not be offered as a substitute for a
motion to strike certain words and insert others, as that would have
the effect of dividing the motion to strike out and insert. Manual
Sec. 793.
Sec. 12 . Motions to Suspend the Rules
A question being considered pursuant to a motion to suspend the
rules may not be divided for a vote. 5 Hinds Secs. 6141-6143; 8 Cannon
Sec. 3171. Although a proposition may be subject to a division of the
question under Rule XVI, it cannot be divided if Rule XVI is
suspended. 5 Hinds Sec. 6143. Generally, see Suspension of Rules.
Sec. 13 . Motions to Recommit
A motion to recommit with instructions is not subject to a demand
for a division of the question. It is not in order to demand a
separate vote even where the motion includes separate branches of
instructions to the reporting committee. 5 Hinds Secs. 6134-6137; 8
Cannon Sec. 3170; Manual Sec. 792. However, an amendment reported
forthwith pursuant to instructions contained in a successful motion to
recommit may be divided on the question of its adoption if composed of
substantially and grammatically distinct propositions. 103-1, June 29,
1993, p ____.
Instructions in a motion to recommit a conference report may not
be divided (103-2, Sept. 29, 1994), but a division has been permitted
where
[[Page 456]]
multiple motions are in order pursuant to Rule XXVIII clause 1(c), the
conferees having failed to report for 20 calendar days. 74-2, May 26,
1936, p 7951.
Sec. 14 . Motions to Table
Since a motion to lay on the table is a summary motion, its only
purpose being to defeat the pending proposition, it has been held that
the motion to table is not subject to a demand for a division of the
question. 5 Hinds Sec. 6140. A division of the question is not in
order even if the motion is applicable to two or more separate and
distinct propositions, such as a series of resolutions. 5 Hinds
Sec. 6138. A motion to table a resolution and pending amendments is
likewise indivisible. 5 Hinds Secs. 6139, 6140.
Sec. 15 . Senate Amendments
Generally; Motions to Concur
On the question of agreeing or disagreeing to a Senate amendment,
it is not in order to demand a division so as to vote separately on
different portions of the amendment. 5 Hinds Secs. 6151, 6156. The
amendment must be voted on as a whole. 8 Cannon Sec. 3175. However,
when two or more Senate amendments are considered in the House, a
separate vote may be had on each amendment. 8 Cannon Secs. 2383, 2400,
3191. After the stage of disagreement House rules permit separate
votes on nongermane portions of Senate amendments. Rule XXVIII clause
5. See Germaneness of Amendments.
Motions to Concur With an Amendment
A House amendment proposed in a motion to concur in a Senate
amendment with an amendment is divisible if the proposed House
amendment is in divisible form. 98-2, Oct. 11, 1984, p 32188. But such
a motion may not be divided between concurring and amending. 8 Cannon
Sec. 3176. A motion to concur with an amendment adding a new provision
to a Senate amendment may not be divided where that provision is not
itself divisible substantively and grammatically under the same tests
that apply to any other amendment. 93-1, Aug. 3, 1973, pp 28124-26;
98-2, Oct. 11, 1984, p 32188. Tests for divisibility, see Sec. 2,
supra.
A proposed House amendment to a Senate amendment is not divisible
if the House amendment is in the form of a motion to strike out and
insert (99-2, Oct. 15, 1986, p 32135), as such motions are
specifically indivisible under House rule (Sec. 11, supra).
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Motions to Recede and Concur
A division may be demanded on a motion to recede from disagreement
and concur in a Senate amendment. 5 Hinds Sec. 6209; 8 Cannon
Secs. 3197-3199. The question having been divided and the House having
receded, a motion to amend takes precedence over the motion to concur
(5 Hinds Secs. 6209-6211; 8 Cannon Sec. 3198), even after the previous
question has been ordered on both motions (Manual Sec. 525).
C. Consideration of Divided Propositions
Sec. 16 . In General
Amendment and Debate; Putting the Question
Where a division of the question has been demanded on separable
portions of a proposition subject to amendment, an amendment to any of
those portions may be offered until the Chair puts the question on the
first portion. 94-2, Sept. 9, 1976, p 29530. After a vote has been
taken on the first portion, the second is open to debate and amendment
unless the previous question is ordered. Manual Sec. 792.
Where a division of the question is demanded on a separable
portion of an amendment, the Chair puts the question first on the
remaining portion of the amendment, and that portion on which a
division is demanded remains open for further debate and amendment.
Manual Sec. 482. If a division of the question is demanded on more
than one portion of an amendment, the Chair puts the question first on
the unaffected portions of the amendment (if any), then (after further
debate) on the first part on which a division is requested, and then
(after further debate) on the subsequent divisible portions. 97-1,
Oct. 21, 1981, p 24789. Where neither portion of a divided question
remains open to further debate or amendment, the question may be put
first on the portion identified by the demand for division and then on
the remainder. 104-1, June 8, 1995, p ____.
Voting
A question having been divided for a vote, the vote may be taken
by one of the voting methods authorized by the House rules, such as a
voice vote or recorded vote. See Voting. In the House, a motion to
reconsider the vote will lie, but a separate motion to reconsider must
be offered with respect to each proposition voted on. 5 Hinds
Sec. 5609.