Voting and Quorum Procedures in the Senate

^Pr^ep^ar^{ed f}^o^r^M^e^m^b^ers^an^d^Com^mⁱ^t^t^ees^of^C^ong^r^e^ss

The Constitution states that “a Majority of each [House] shall constitute a quorum to do
business.... ” The Senate presumes that it is complying with this requirement and that a quorum
always is present unless and until the absence of a quorum is suggested or demonstrated. This
presumption allows the Senate to conduct its business on the floor with fewer than 51 Senators
present until a Senator “suggests the absence of a quorum.”
When the absence of a quorum is suggested, the presiding officer directs the clerk to call the roll.
Except when the Senate has invoked cloture, the presiding officer may not count to determine if a
quorum is present. The Senate cannot resume its business until a majority of Senators respond to
the quorum call or unless, by unanimous consent, “further proceedings under the quorum call are
dispensed with” before the last Senator’s name has been called. If a quorum fails to respond, the
Senate may adjourn or take steps necessary to secure the attendance of enough Senators to
constitute a quorum. Usually, the Senate will then have a roll call vote on agreeing to a motion
that instructs the sergeant at arms to request the attendance of absent Senators. The results of that
vote typically establish that a quorum is present, so the sergeant at arms rarely needs to go
looking for absent Senators.
Typically, quorum calls are not used to bring Senators to the floor, but rather as a kind of “time
out” while the Senate is in session. Senators “suggest the absence of a quorum” to suspend the
Senate’s formal floor proceedings temporarily. There are many purposes for such quorum calls.
For example, they can be used to permit informal discussions that are intended to resolve a policy
disagreement or procedural problem, or to allow a Senator to reach the floor in order to make a
speech or begin consideration of a bill. When a quorum call is used for such a purpose, it usually
is ended by unanimous consent before the call of the roll has been completed.
The Constitution also provides that “the Yeas and Nays of the Members of either House on any
question shall, at the Desire of one fifth of those present, be entered on the Journal.” Any Senator
who has been recognized may “ask for the yeas and nays” on whatever question the Senate is
considering. If the yeas and nays are ordered at the request of at least 11 Senators (one-fifth of the
minimum quorum of 51), that determines the manner in which the vote will be conducted. The
timing of the vote is not determined by this request. A Senator may offer an amendment and
immediately ask for the yeas and nays, even if the vote is not expected to take place until hours or
days later.
If the yeas and nays are not ordered, the Senate votes on questions by voice vote. Alternatively, if
the presiding officer believes that the outcome is not in doubt, he or she may say that, “without
objection, the amendment (or motion, etc.) is agreed to.” If any Senator does object, a formal vote
ensues.

Introduc tion ..................................................................................................................................... 1
The Quorum Requirement and Quorum Calls.................................................................................1
Routine Quorum Calls...............................................................................................................2
Live Quorum Calls, Failed Quorums........................................................................................4
Securing and Conducting Rollcall Votes.........................................................................................5
Voice and Division Votes..........................................................................................................5
Ordering the Yeas and Nays......................................................................................................6
Conducting Rollcall Votes.........................................................................................................7
Simple and Extraordinary Majorities........................................................................................8
Author Contact Information............................................................................................................9

The rules and practices of the Senate governing quorums and voting are grounded in Article I of ¹
the Constitution. Regarding quorums, clause 1 of Section 5 states in part that “a Majority of each
[House] shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to
day, and may be authorized to compel the Attendance of absent Members, in such Manner, and
under such Penalties as each House may provide.” Regarding voting, clause 3 of the same section
provides in part that “the Yeas and Nays of the Members of either House on any question shall, at
the Desire of one fifth of those present, be entered on the Journal.”
This report discusses how the Senate now interprets and implements these two constitutional ²
provisions. What follows focuses on the most important rules and the most common practices; it
does not attempt to cover all the precedents the Senate has established or all the procedures that ³
may be invoked. This report also assumes a familiarity with some other aspects of the Senate’s
floor procedures.

A straightforward reading of the Constitution’s quorum requirement would seem to require a
simple majority of Senators, or a minimum of 51 if there are no vacancies in the body, to be
present on the floor whenever the Senate conducts business. As any observer of the Senate soon
notices, typically only a handful of Senators are present during floor debates. It is unusual for as
many as 51 Senators to be present on the floor at the same time unless a rollcall vote is in
progress.
As a regular practice, however, the Senate presumes that it is complying with the Constitution.
Therefore, it presumes that a quorum always is present unless and until the absence of a quorum
is suggested or demonstrated:
^T^h^{e Sen}^a^{te operates}^on^th^{e p}^r^es^um^pt^ion^t^h^{at a qu}^orum^is^pres^en^{t at all ti}^m^e^s^,^uⁿ^d^{er all}
^cir^c^u^m^staⁿ^{ces, u}ⁿ^les^s^th^{e q}^u^e^s^tioⁿ^to^th^{e co}ⁿ^t^r^a^r^y^is^rais^{ed, or th}^{e abs}^eⁿ^{ce of}^{a qu}^orum^is
^o^f^fⁱ^cia^l^l^y^sh^o^wⁿ^,^o^r^uⁿ^{til a p}^oⁱⁿ^t^o^fⁿ^o^q^u^o^r^u^m^is^m^a^d^e^ev^eⁿ^t^h^o^u^g^h^{a v}^o^{ice v}^o^{te is}^t^a^k^eⁿ^an^d⁴
^anⁿ^o^uⁿ^{ced i}ⁿ^th^e^m^e^aⁿ^ti^m^e^.
Under the Senate’s standing rules, if no other Senator has the floor,⁵ any Senator (including a ⁶
Senator who is presiding) may “suggest the absence of a quorum.” The presiding officer may not

¹^T^h^{is re}^{port w}^a^{s w}^r^itte^{n by}^Staⁿ^le^y^B^a^c^h^{, f}^o^r^m^e^r^l^y^a^Se^{nior Spe}^cⁱ^a^l^{ist in t}^h^e^L^e^gⁱ^sla^tiv^e^P^r^oc^e^{ss a}^t^{CRS. Dr. Ba}^c^h^ha^s
^re^tire^d^{, b}^u^{t t}^h^e^liste^d^a^u^th^or^up^da^t^e^{d the}^re^p^o^{rt a}ⁿ^{d is}^a^v^a^ila^ble^t^o^aⁿ^s^w^e^r^que^s^tions^c^o^nc^e^r^ning^its^c^o^nteⁿ^ts^.
²^T^h^{e co}^rresp^oⁿ^dⁱⁿ^g^Hou^s^{e ru}^l^e^s,^p^r^eced^en^t^s^,^and^p^r^actⁱ^{ces are d}ⁱ^scu^ssedⁱⁿ^CR^S^Repo^rt⁹⁸^-⁹⁸⁸^,^V^o^ti^{ng an}^d^Q^u^or^um
^P^r^o^ced^u^r^{es i}ⁿ^t^h^{e Hou}^s^{e o}^f^R^e^p^r^esen^t^a^tⁱ^ves^.
³^Oⁿ^q^uor^um^s^a^{nd q}^uor^um^c^a^lls^gene^r^a^lly^{, s}^e^e^R^u^le^VI^a^{nd U}^.^{S. C}^oⁿ^g^r^e^s^s^,^Se^na^te^,^Riddic^k^’^s^Se^nate^P^r^oc^e^dur^e^{, 1}⁰¹^st
^C^ong^.,^{2d s}^e^s^s^{., D}^o^c^.¹^01-²⁸^{, p}^p^.¹⁰³^8-¹⁰^{78. O}ⁿ^v^o^ti^ng^pr^oc^e^dur^e^s^g^e^ne^r^a^ll^y^,^s^e^e^R^u^le^XI^I^aⁿ^d^Ri^ddi^c^k^’^s^Se^nate
^Pr^oc^e^dur^e^{, p}^p^.¹³^97-¹⁴³⁶^.
⁴^Rid^d^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^{, pp}^{. 104}^1-¹⁰^42.
⁵^“^O^ne^Se^na^tor^c^aⁿ^not^ta^k^e^a^nothe^r^of^f^the^f^l^oor^{to s}^u^g^g^e^s^t^the^a^b^s^e^nc^e^of^a^quor^um^{, nor}^c^aⁿ^a^Se^na^t^o^r^w^{ho ha}^s^t^h^e
^f^l^oor^beⁱⁿ^te^r^r^u^p^t^e^d^by^a^nothe^r^a^g^aⁱ^ns^{t his}^c^ons^eⁿ^{t f}^o^r^a^qu^or^um^c^a^{ll. A}^quor^um^c^a^{ll is}^{not i}ⁿ^or^de^r^w^h^eⁿ^t^h^e^Se^na^tor
^hol^ding^t^h^e^f^l^oor^de^c^line^s^to^yⁱ^e^l^{d f}^o^r^tha^t^p^u^r^p^os^e^.^”^Rⁱ^ddⁱ^{ck’s S}^e^nat^{e P}^r^o^ced^u^r^e^{, p. 10}^55.

respond to this statement by counting the number of Senators actually present, unless the Senate ⁷
is operating under cloture. At all other times, when a Senator suggests the absence of a quorum,
the presiding officer responds by directing the clerk to call the roll. Paragraph 3 of Rule VI
requires that:
^I^f^{, at a}ⁿ^y^ti^m^e^d^u^rⁱⁿ^g^t^h^{e d}^a^il^y^se^ssioⁿ^{s o}^f^t^h^e^Sen^a^{te, a}^q^u^e^stioⁿ^sh^a^{ll b}^e^r^a^ised^b^y^aⁿ^y
^Sen^a^{tor as}^{to t}^h^{e pres}^en^ce^{of a qu}^orum^{, t}^h^{e pres}^idiⁿ^{g off}ⁱ^{cer s}^h^all^f^o^rthw^it^h^{direct t}^h^e
^Secretar^y^{to call t}^h^{e roll an}^d^s^h^{all a}ⁿⁿ^oun^{ce t}^h^{e res}^u^l^t^{, and th}^es^{e proceedin}^gs^s^h^{all be}
^wⁱ^t^h^o^u^t^debat^e^.
A quorum call formally begins when the clerk calls the first name. Once the quorum call has
begun, the Senate may not resume the conduct of business until a majority of Senators respond to
this call, or unless the Senate agrees by unanimous consent to “dispense with further proceedings
under the quorum call.” While the quorum call is in progress, no debate or motion is in order, nor
may the Senate act on any unanimous consent request except a request to dispense with the call.
Quorum calls in the Senate usually are not intended to secure the presence of Senators on the
floor. Instead, they are a useful and essential device by which the Senate can suspend its formal
proceedings temporarily. During the course of any session, Senators often “suggest the absence of
a quorum.” Later, but before the clerk has completed the alphabetical call of the roll, the Senate
agrees to a unanimous consent request to rescind the quorum call. A quorum call of this kind may
last for only moments or it may continue for an hour or more. The clerk calls the names of
Senators very slowly because it is not really the intent of the Senate to demonstrate a quorum,
rather the goal is to get a time out from the formal floor proceedings.
Because most quorum calls are intended to suspend the Senate’s floor proceedings, Senators feel
under no obligation to come to the floor to record their presence. So long as the Senate agrees by
unanimous consent to dispense with the quorum call before the last Senator’s name is called, the
Senate can resume its business, because the absence of a quorum has not actually been
demonstrated. The presumption that a majority of Senators is present remains in force unless and
until the call of the roll is completed and less than a majority of Senators have responded. Only
then would it be demonstrated that the Senator was correct when he or she “suggested” the
absence of a quorum.
There are many reasons why Senators initiate quorum calls of this kind. For example, if a Senator
completes a statement and notices that no one else is on the floor and seeking recognition, the
Senator typically suggests the absence of a quorum. When another Senator then does appear and
wishes to speak, he or she first asks unanimous consent to dispense with the quorum call that is in
progress. Alternatively, a quorum call may take place while the Senate awaits the arrival of a
Senator who is expected on the floor to manage a bill, offer an amendment, or make a speech.
When that Senator arrives, the Senate dispenses with the quorum call by unanimous consent and
proceeds with its business as planned.

^(...c^on^tin^ue^d)
⁶^For^m^o^r^e^on^w^h^eⁿ^a^Se^na^tor^m^a^{y s}^u^g^g^e^s^t^the^a^b^s^e^nc^e^of^a^quor^um^{, s}^e^e^Riddic^k^’^s^Seⁿ^a^te^Pr^oc^e^dur^e^{, pp. 10}⁶²^-¹⁰⁶⁵^.
⁷^“^C^loture^is^the^m^e^aⁿ^{s by}^w^h^ic^{h the}^Se^na^te^lim^{its de}^ba^te^oⁿ^a^m^e^a^s^ure^{or m}^a^tte^r,”^Riddic^k^’^s^Se^nate^Pr^oc^e^dur^e^{, p}^p^.
²⁸²^-³^34.

Quorum calls also create a valuable opportunity for informal discussions and negotiations among
Senators. When the Senate Majority Leader is trying to win the approval of his colleagues for a
unanimous consent agreement on a particular bill, and a Senator objects to the unanimous consent
request, the leader will frequently suggest the absence of a quorum and allow a quorum call to
begin. Then, he can speak directly with the Senator who had objected and find out if they can
reach an agreement on the issue, so as to allow the unanimous consent agreement to proceed.
The Senate’s rules, and especially the opportunities they create for filibusters, provide powerful
incentives for Senators to seek the widest possible agreement on the Senate’s schedule as well as
its policy decisions. Under most circumstances, any Senator can conduct a filibuster against any
measure or amendment or even against the motion that the Senate begin floor consideration of a
particular bill or resolution. This situation encourages Senators to seek the most generally
acceptable solutions to procedural problems and policy disagreements. In seeking these solutions,
it often is more convenient for Senators to engage in the necessary discussions and negotiations in
an informal manner, rather than under the rules of formal Senate debate. Quorum calls allow for
such informal consultations, which may take place either on or off the Senate floor.
When the Senate finds itself confronted with a procedural problem or policy disagreement, a
Senator often will respond by suggesting the absence of a quorum in the hope that the matter can
be resolved through informal conversations. When the conversations end, the Senate agrees to a
unanimous consent request to terminate the quorum call; the Senate’s formal proceedings then
resume. If the discussions were successful, a Senator may make a motion or unanimous consent
request that embodies whatever decision was reached during the quorum call. If the discussions
were inconclusive, a Senator may report on the progress that was made and then again suggest the
absence of a quorum so that the negotiations can resume.
Because of quorum calls, the Senate’s floor proceedings often have an unpredictable, “stop-and-
go” character. Its debates frequently are punctuated by quorum calls. On occasion, the Senate
even may spend much of the day in quorum calls. This frequent apparent lack of action does not
mean that Senators are not considering legislation while the quorum calls are in progress. It is
quite likely that many Senators are discussing the bill at issue or the procedures for considering it.
However, they are doing so informally (and off the public record), whether on or off the Senate
floor. In fact, it sometimes seems that the more contentious the issue the Senate is considering,
the more time is consumed by quorum calls.
There are two circumstances under which a Senator may not be able to initiate a quorum call
when no one else has control of the floor. First, when the Senate is operating under cloture, a
Senator may suggest the absence of a quorum, but the presiding officer is empowered to respond
by counting to determine whether or not a quorum actually is present. Only if he or she finds that
a quorum is not present does the presiding officer direct the clerk to call the roll. Also under
cloture, the presiding officer may decline to entertain quorum calls on the ground that they are
suggested for dilatory purposes, an authority that is likely to be exercised only under unusual
circumstances.
Second, when the Senate is operating under a time agreement, only a Senator who controls some
of the time for debate may suggest the absence of a quorum. A time agreement is a unanimous
consent agreement that limits and allocates control of the time for debating the pending question.
The time consumed by the quorum call is charged to the Senator who suggested the absence of a
quorum (unless the Senate agrees otherwise by unanimous consent). For this reason, the Senate’s
precedents indicate that a Senator must control at least 10 minutes of remaining time in order to

initiate a quorum call; this requirement evidently is intended to reflect some reckoning of how ⁸
long a quorum call is expected to last.
The alternative to the kind of routine quorum calls discussed above is a “live” quorum call in
which Senators actually are requested to come to the floor and record their presence.
There are three circumstances under which live quorum calls are most likely to occur. First, the
Senate’s rules provide for a live quorum call immediately preceding any cloture vote, and before
the Senate acts on a unanimous consent request to set a date for voting on whether to pass a bill or
joint resolution. Both these quorum calls may be dispensed with by unanimous consent, which is
frequently done when setting a date for a vote and sometimes done prior to cloture.
Second, the majority leader occasionally suggests the absence of a quorum and announces that
the quorum call is to be live because he wishes to bring Senators to the floor for some reason.
Third, should the clerk complete calling the roll for a routine quorum call without a majority of
Senators having responded to their names, the quorum call may become a live one.
In the case of a live quorum call, the clerk calls Senators’ names more quickly. At the end of the
call, the Senate resumes its business if a majority of Senators have responded. However, if the
clerk finishes calling the roll and the presiding officer announces that a majority of Senators have
failed to respond, the Senate cannot resume its business, including debate, nor can it dispense
with the quorum call by unanimous consent, because the absence of a quorum has been
established.
In that event, the Senate usually has only two options: to adjourn or to take steps necessary to ⁹
establish a quorum. The usual recourse is for the majority leader to make a motion directing the ¹⁰
sergeant at arms to request the attendance of absent Senators. A rollcall vote is ordered on this
motion and, almost invariably, a majority of Senators do come to the floor to vote on the motion;
in the process, they demonstrate the presence of a quorum. “Then no further action on the quorum ¹¹
call is necessary, a quorum having been established.”

⁸^“Bu^t^,ⁱ^t^h^a^{s b}^{een eq}^u^a^l^l^y^w^e^l^l^est^a^b^lⁱ^s^h^e^d^b^y^t^h^{e p}^r^eced^en^t^s^t^h^at^aⁿ^y^S^eⁿ^a^t^o^{r h}^a^{s a ri}^gh^t^t^o^cal^l^f^o^{r a q}^u^o^ru^m^b^e^f^o^{re a}
^vo^t^e^b^e^giⁿ^s^evenⁱ^f^t^h^at^S^eⁿ^a^t^o^r^coⁿ^t^r^o^l^l^e^dⁿ^o^tⁱ^m^e,^o^r^evenⁱ^f^t^h^{ere w}^a^{s an}^o^r^d^e^{r t}^h^at^{a vo}^t^e^o^ccu^{r at}^{a t}ⁱ^m^{e c}^e^rt^aiⁿ^.
^H^o^w^e^v^e^r^,^c^e^r^ta^{in una}^nim^ous^c^o^ns^eⁿ^{t a}^g^r^e^em^eⁿ^ts^ha^v^e^be^eⁿ^inte^r^p^r^e^te^{d to}^pr^e^c^l^ude^qu^or^um^c^a^lls^.”^Riddic^k^’^s^Se^nate
^Pr^oc^e^dur^e^{, p}^.¹⁰³⁸^.^{For m}^o^re^oⁿ^initia^ti^ng^qu^orum^c^a^{lls un}^de^r^tim^e^a^g^re^e^m^eⁿ^{ts a}^{nd c}^h^a^r^gⁱ^ng^the^tim^e^the^y^c^onsum^e^,
^s^e^e^ibid.,^p^p^.¹⁰^66-¹⁰^71.
⁹^U^nde^r^pa^r^a^g^r^a^{ph 4}^of^R^u^le^VI^{, t}^h^e^Se^na^te^a^l^s^o^m^a^y^c^ons^ide^r^a^{nd a}^g^r^e^e^{to a}^m^o^{tion “}^t^{o r}^e^c^e^s^s^pur^s^u^aⁿ^{t t}^o^a^pr^e^v^io^us
^or^de^r^eⁿ^te^r^e^d^by^una^nim^ous^c^o^ns^eⁿ^t.”
¹⁰^“[^I^]^tⁱ^s^t^h^e^p^r^actⁱ^{ce i}ⁿ^t^h^{e S}^eⁿ^a^t^e^f^o^{r t}^h^{e p}^r^esi^dⁱⁿ^{g o}^f^fⁱ^{cer t}^o^dⁱ^rect^t^h^{e cl}^{erk t}^o^cal^l^t^h^eⁿ^a^m^e^{s o}^f^t^h^{e ab}^sen^t^S^eⁿ^a^t^o^rs
^p^rⁱ^o^r^t^o^t^h^{e ado}^p^tⁱ^o^{n o}^f^an^o^r^d^e^{r di}^rectⁱⁿ^{g t}^h^{e sergean}^t^at^{arms t}^o^req^u^e^st^,^and^,^w^h^enⁿ^ecessar^y^,^t^o^co^m^p^el^t^h^ei^r
^a^tte^nda^nc^e^,^b^u^{t s}^u^c^h^pr^a^c^tic^e^is^b^a^s^e^{d on c}^u^s^t^om^{, a}^{nd n}^o^t^on^the^r^e^quir^e^m^e^{nt of}^aⁿ^y^r^u^le^.”^Riddic^k^’^s^Se^nate^Pr^oc^e^dur^e^,
^p^.²¹^6.
¹¹^Rid^d^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^{, p. 2}^23.

If a quorum fails to vote, the Senate can, by motion, direct its sergeant at arms to compel the ¹²
attendance of absent Senators or even to arrest absentees in order to establish a quorum. In
modern practice, however, it rarely is necessary for the Senate to resort to such motions.
Generally, once a quorum is established as a result of a rollcall vote or a live quorum call, the ¹³
Senate must transact some business before another quorum call is in order. However, if the
Senate dispenses with a quorum call by unanimous consent before it is completed, a Senator
again may suggest the absence of a quorum without business having intervened.

There are three ways in which the Senate can conduct votes on the floor: by voice vote, by
division vote, or by rollcall vote. In practice, contested questions usually are decided by rollcall
votes; many uncontested questions are decided “without objection” and without the formality of
even a voice vote.
Unless a rollcall vote has been ordered in advance, any question first is to be put to a voice vote.
The presiding officer asks those in favor to respond “Aye,” and then those opposed to respond
“No,” and then announces the result. At that time, any Senator may request either a division vote
or a rollcall vote. In the case of a division vote, those in favor stand and are counted, followed by
those opposed. The presiding officer then announces which side has prevailed but does not
announce the number of Senators voting for or against. Division votes are relatively unusual in ¹⁴
current Senate practice and are not formally authorized by the Senate’s rules.
A voice or division vote is considered valid, no matter how many or how few Senators
participated, unless a Senator takes the initiative to challenge the vote, before the result is
announced, for violating the constitutional requirement that a quorum must be present for the
Senate to do business:
^Uⁿ^tⁱ^l^{a poi}^nt^o^fⁿ^o^qu^orum^h^a^s^{been rai}^s^{ed, t}^h^e^S^eⁿ^a^t^e^operat^e^s^{on t}^h^{e a}^s^sum^p^tⁱ^on^t^h^at^a
^qu^orum^is^pres^eⁿ^{t, an}^{d ev}^enⁱ^f^on^l^y^{a f}^e^w^Seⁿ^a^tors^{are pres}^en^t^,^{a m}^eas^u^r^e^m^a^y^be^p^a^s^s^e^d^o^r^a
ⁿ^o^mⁱⁿ^a^tioⁿ^a^g^{reed to ... Voice}^v^o^tes^m^a^y^{be ta}^k^eⁿ^{on t}^h^{e pas}^s^ag^{e of a bill}^an^d^{if n}^o^q^u^es^tioⁿ
^of^{a qu}^orumⁱ^s^rai^s^{ed, t}^h^at^actⁱ^oⁿⁱ^s^fiⁿ^a^l^,^e^v^en^t^h^ough^a^m^a^j^o^ri^t^y^of^t^h^e^S^eⁿ^a^t^o^rs^di^{d n}^o^t
^p^a^r^ticip^{ate; th}^{e Sen}^a^{te o}^p^e^r^a^{tes o}ⁿ^th^{e ab}^so^l^u^{te as}^su^m^p^tioⁿ^t^h^{at a q}^u^o^r^u^m^{is al}^w^a^y^s^p^r^eseⁿ^t¹⁵
^uⁿ^tⁱ^l^{a poi}ⁿ^t^ofⁿ^o^qu^orumⁱ^s^m^a^de.

¹²^U^nde^r^t^h^e^c^ons^t^ituti^ona^l^a^u^th^or^it^y^quote^d^a^t^t^h^e^be^gⁱⁿⁿ^ing^of^this^r^e^por^{t, a}^qu^or^um^ne^e^dⁿ^o^{t v}^o^te^on^aⁿ^y^m^o^{tion to}
^s^e^c^u^r^e^the^a^tte^nda^nc^e^of^a^b^s^e^nt^S^e^na^tor^s^{. F}^o^r^m^o^r^e^{on s}^e^c^u^rⁱ^ng^the^a^tte^nda^nc^e^of^a^b^s^e^nt^Se^na^tor^s^{, s}^e^e^Riddic^k^’^s^Se^nate
^Pr^oc^e^dur^e^,^pp^.²¹⁴^-²²^4.
¹³^{For a}^disc^ussioⁿ^of^w^h^a^t^doe^{s a}ⁿ^{d d}^o^e^sⁿ^o^{t c}^o^nstitu^te^b^u^sine^{ss f}^o^{r this p}^u^rp^ose^,^se^e^Rid^d^ic^k^’^s^Seⁿ^a^te^Pr^oc^e^dur^e^{, pp.}
¹⁰⁴^2-¹⁰^46.
¹⁴^“^T^he^r^e^is^{no a}^u^t^hor^ity^{in t}^h^e^r^u^le^s^of^the^Se^na^te^f^o^r^the^m^e^thod^of^v^o^ting^by^a^divⁱ^sⁱ^on;^the^m^e^{thod i}^s^inteⁿ^d^e^d^t^o
^ad^vi^{se t}^h^{e p}^r^esi^dⁱⁿ^{g o}^f^fⁱ^c^e^{r w}^h^et^h^e^{r o}^r^no^t^t^h^{e m}^a^j^o^ri^t^y^o^f^t^h^{e S}^eⁿ^a^t^o^{rs p}^r^esen^t^f^a^vo^{r o}^r^op^po^{se a gi}^ven^qu^estⁱ^oⁿ^;^and
^the^ju^dg^m^e^{nt of}^the^C^h^aⁱ^r^m^a^y^{be que}^s^tⁱ^one^d^by^a^r^e^s^o^r^t^{to a}^r^o^llc^a^ll,”^Rⁱ^ddⁱ^{ck’s S}^e^na^t^e^P^r^o^cedu^r^e^{, p.}¹⁴^04.
¹⁵^Rid^d^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^{, p. 1}⁰³⁸^.

Although a Senator may ask for a rollcall vote on a question after a voice or division vote has
been conducted (but before the final result has been announced), rollcall votes usually are ordered
in advance. At any time that a bill, amendment, motion, or other matter actually is the pending ¹⁶
question before the Senate, a Senator who has the floor may “ask for the yeas and nays” on it.
As noted at the beginning of this report, the Constitution provides for the yeas and nays (a rollcall
vote) to be ordered at the request of one-fifth of those present. Because of the other constitutional
requirement—that a quorum must be present to conduct business—the Senate assumes that those
present constitute a quorum, and so requires that the request for a rollcall vote must be supported ¹⁷
by at least one-fifth of the smallest possible quorum.
Consequently, at least 11 Senators—one-fifth of the minimal quorum of 51 Senators—must raise ¹⁸
their hands to support a request for a rollcall vote. If there is sufficient support, the Senate
thereby determines that the question then pending before the Senate will be decided by a rollcall
vote whenever the time for voting arrives.
Ordering the yeas and nays on a question does not bring about an immediate vote, nor does it
have any effect at all on when the vote will occur, the motion only controls how the vote will be ¹⁹
conducted when it does occur. It is not at all unusual, for example, for a Senator to offer an
amendment and then immediately ask for the yeas and nays on that amendment even before the ²⁰
debate on it has commenced. The actual vote may not take place until hours or even days later,
or it may not take place at all if, for example, the Senate votes instead to lay the amendment on
the table (and thereby kill it).
In principle, the support of more than 11 Senators sometimes may be required to order a roll call. ²¹
If a previous rollcall vote had taken place “recently,” there is precedent for assuming that all the
Senators who participated in that vote remained on the floor, so one-fifth of that number may be
required to order the subsequent roll call. This precedent is rarely invoked.
If the required number of Senators fail to support a request for a rollcall vote, any Senator may
renew the request (as often as necessary) at any time before the question is put to a vote. When a

¹⁶^Rid^d^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^,^p.¹⁴¹⁹^{. A}^Se^na^tor^l^o^s^e^s^the^f^l^oor^w^h^eⁿ^he^or^s^h^e^a^s^k^s^f^o^r^the^y^e^a^s^a^{nd na}^y^s^.
¹⁷^Iⁿ^t^h^e^a^b^s^e^nc^e^of^a^qu^or^um^{, how}^e^v^e^r^{, one}^-^fⁱ^f^{th of}^the^Se^na^t^o^r^s^pr^e^s^eⁿ^{t m}^a^y^dem^a^{nd the}^y^e^a^s^a^{nd na}^y^s^{on a}ⁿ^y^of^the
^f^e^w^m^o^tions^tha^t^a^r^eⁱⁿ^or^de^r^,^s^u^c^h^a^s^the^m^o^tio^{n t}^o^a^d^j^our^n.
¹⁸^I^t^is^w^ithin^the^dis^c^r^e^tion^of^the^c^h^aⁱ^r^to^de^cⁱ^de^w^h^e^t^he^r^a^the^r^e^is^a^s^u^f^fⁱ^cⁱ^eⁿ^{t s}^e^c^{ond t}^o^or^de^r^a^r^o^llc^a^{ll v}^o^te^{, a}ⁿ^d^,ⁱⁿ
^p^r^actⁱ^ce,^vo^t^e^{s are f}^r^eq^u^eⁿ^t^l^y^o^r^d^e^red^w^h^en^t^h^{ere do}^no^t^app^{ear t}^o^{be 1}¹^S^eⁿ^a^t^o^rs^oⁿ^t^h^{e f}^l^o^o^r^t^o^s^u^ppo^rt^su^{ch a req}^u^e^st^.
^Bu^tⁱ^tⁱ^s^up^t^o^t^h^{e c}^h^ai^{r t}^o^m^a^k^e^t^h^at^d^eci^si^oⁿ^,^an^{d “It}ⁱ^s^no^t^c^u^st^o^m^a^r^y^f^o^{r t}^h^{e Ch}^ai^{r t}^o^an^no^un^{ce t}^h^e^nu^m^b^{er o}^f
^Se^na^tor^s^w^ho^he^ld^up^theⁱ^r^ha^nds^{to or}^de^r^t^h^e^y^e^a^s^a^{nd na}^y^s^,”^Riddi^c^k^’^s^Se^nate^Pr^oc^e^d^ur^e^{, p.}¹⁴¹⁸^.
¹⁹^O^r^de^rⁱ^ng^the^y^e^a^s^a^{nd na}^y^s^{on a}ⁿ^a^m^e^ndm^eⁿ^{t doe}^s^no^{t pr}^e^c^l^u^d^e^a^Se^na^tor^f^r^om^m^o^vⁱ^ng^{to ta}^ble^t^h^e^am^e^ndm^eⁿ^{t. T}^h^e
^y^e^a^s^a^{nd na}^y^s^ha^v^e^{to be}^or^de^r^e^d^s^e^pa^r^a^te^l^y^{on the}^ta^b^ling^m^o^tion^.
²⁰^B^e^f^o^r^e^the^Se^na^te^or^de^r^s^t^h^e^y^e^a^s^a^nd^na^y^s^{on a}ⁿ^a^m^eⁿ^d^m^eⁿ^{t, the}^Se^na^tor^w^ho^of^f^e^r^e^{d it m}^a^y^m^odi^f^y^or^w^ithdr^a^w^it
^a^s^a^m^a^tte^r^of^rⁱ^g^h^{t. A}^f^te^r^the^y^e^as^a^nd^na^y^s^hav^e^be^eⁿ^or^de^r^e^d,^the^Se^na^tor^los^e^s^the^rⁱ^g^h^t^to^m^odif^y^or^w^ithdr^a^w^the
^am^e^ndm^eⁿ^{t but}^g^a^ins^the^rⁱ^g^h^t^t^o^of^f^e^r^aⁿ^am^e^ndm^eⁿ^{t to}^his^or^he^r^ow^{n am}^e^ndm^eⁿ^t.
²¹^“^[^T^]^he^C^h^aⁱ^r^m^a^k^e^s^his^c^a^l^c^u^la^tions^of^one^-^f^if^{th of}^thos^e^pr^e^s^eⁿ^t^oⁿ^the^ba^sⁱ^s^of^theⁿ^u^m^b^e^r^w^{ho v}^o^te^{d a}^t^the^la^s^t
^ro^l^l^cal^l^,ⁱ^f^t^h^at^o^ccu^rred^recen^t^l^y^.^”^Rid^d^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^,^p^.¹⁴¹⁸^.^F^o^{r exam}^p^l^e,^“[^a]^d^e^m^aⁿ^d^f^o^{r t}^h^{e y}^{eas an}^d
ⁿ^a^y^sⁱ^mmedⁱ^at^el^y^f^o^l^l^o^wⁱⁿ^g^{a cal}^l^o^f^t^h^{e S}^eⁿ^a^t^eⁱ^s^seco^nd^ed^b^y^oⁿ^e^-fⁱ^f^t^h^o^f^t^h^o^s^{e an}^sw^eriⁿ^{g su}^ch^cal^l^,^o^rⁱ^m^m^e^dⁱ^at^el^y
^f^o^llowⁱ^ng^a^y^e^a^a^{nd na}^y^v^o^te^{, s}^e^conde^{d by}^one^-^f^if^{th of}^thos^e^v^o^tiⁿ^g^.^”^I^b^id.,^p.¹⁴¹⁷^.

Senator is insistent on having a rollcall vote on some motion, amendment, or measure, the Senate
usually will support his or her request.
If a roll call has been ordered, when the time to vote arrives, the presiding officer states that “the
yeas and nays have been ordered and the clerk will call the roll.” The clerk proceeds to do so and
the vote is deemed to have begun only after a Senator actually votes when his or her name is
called. At that time, a system of bells and lights is activated throughout the Senate wing of the
Capitol building and the Senate office buildings to inform Senators that they have 15 minutes in
which to come to the floor and vote. The bells ring again as a reminder when half of this time has
expired. The 15-minute period for voting is set by a unanimous consent agreement, normally on
the first day each Congress meets.
During a rollcall vote, the clerk calls the names of all Senators in alphabetical order, and then
reads the names of those voting in the affirmative followed by those voting in the negative.
Thereafter, when another Senator wishes to vote, he or she comes to the well (the open area
between the rostrum and Senators’ desks); the clerk calls the Senator’s name and then repeats the
Senator’s vote. Senators coming to the well frequently consult tally sheets kept at the tables
staffed by Republican and Democratic floor aides in order to observe how their colleagues are ²²
voting.
Every Senator is expected to vote on each roll call unless, under paragraph 3 of Rule XII, “he
believes that his voting on such a matter would be a conflict of interest.” If a Senator declines to
vote for any other reason, paragraph 2 of the same rule prescribes a procedure for the Senator to
explain his or her reason and for the Senate to decide if that reason is sufficient; this procedure is
very rarely invoked.
For a rollcall vote to be constitutionally valid, a majority of Senators must vote, answer “Present,” ²³
or announce that they have live pairs and refrain from voting for that reason. If less than a
majority is present on a rollcall vote, a quorum call usually ensues. Once a quorum is established,
a new vote takes place on the question before the Senate (in other words, the question is put de ²⁴
novo).
The presiding officer may announce the result of the vote at any time after the 15-minute period
and after inquiring whether there are other Senators in the chamber wishing to vote. Alternatively,
any Senator may demand the “regular order,” which would be to announce the result of the vote.

²²^S^eⁿ^a^t^o^{rs are requ}ⁱ^r^ed^t^o^vo^t^e^f^r^om^t^h^ei^{r d}^e^sks,^b^u^t^t^hⁱ^s^requⁱ^r^em^en^t^rarel^yⁱ^s^en^f^o^rced^.^On^o^ccasi^o^n,^w^h^en^{a vo}^t^e^o^f
^sp^{ecial co}ⁿ^s^titu^tioⁿ^a^{l im}^p^o^r^tan^ce,^su^ch^{as a v}^o^{te t}^o^coⁿ^v^{ict i}ⁿ^an^imp^each^men^t^{trial, is a}^b^o^u^{t t}^o^b^e^gⁱⁿ^,^th^{e m}^a^jo^rity
^le^a^d^e^r^w^{ill a}^s^k^a^{ll Se}^na^{tors to c}^o^m^e^{to the}^f^l^oor^be^f^o^re^the^v^o^te^be^gⁱ^{ns a}^{nd t}^h^eⁿ^t^o^v^o^te^f^r^om^theⁱ^{r d}^e^sk^{s, e}^a^c^h^Se^na^tor
^rⁱ^sⁱ^ng^a^{nd r}^e^s^p^on^di^ng^w^h^eⁿ^his^or^he^r^na^m^e^is^c^a^lle^{d. Se}^e^Ridd^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^{, pp}^.¹⁴⁰³^-¹⁴⁰^4.
²³^P^a^iring^{is a}^v^o^l^unta^r^y^a^rra^ng^e^m^eⁿ^{t be}^tw^e^eⁿ^indⁱ^vⁱ^dua^l^Se^na^tors^t^o^of^fse^t^theⁱ^{r v}^o^te^{s on a}^r^o^llc^a^{ll v}^o^t^e^{, so tha}^t^if^one
^of^the^Se^na^tor^s^ne^e^d^s^to^be^a^b^s^eⁿ^t^{it is}^of^f^s^e^t^by^a^nothe^r^m^e^m^b^e^r^w^ho^doe^s^{not c}^a^s^t^his^v^o^te^{. “}^W^heⁿ^le^s^s^thaⁿ^a^q^uor^um
^v^o^te^s^,^but^the^a^d^diti^on^of^na^m^e^s^of^Se^na^tor^s^pr^e^s^eⁿ^{t a}ⁿ^{d pa}^ir^e^d^aⁿ^d^a^nno^uncⁱⁿ^g^v^o^te^s^m^a^de^a^quor^um^{, the}^v^o^te^is
^v^a^lid.”^Rⁱ^ddⁱ^{ck’s S}^eⁿ^a^t^e^P^r^o^ced^ure^{, p.}¹⁴^31.
²⁴^“^A^y^e^a^a^{nd na}^y^v^o^te^b^y^le^s^s^thaⁿ^quo^r^u^m^is^not^v^a^{lid u}ⁿ^le^s^s^a^s^u^f^fⁱ^cⁱ^eⁿ^{t num}^be^r^is^pr^e^s^eⁿ^{t a}^nd^pa^ir^e^d^to^m^a^ke^a
^quo^r^u^m^.^”^Riddic^k^’^s^Se^nate^Pr^oc^e^dur^e^,^p.¹⁰⁷^{5. “}^W^he^r^e^le^s^s^thaⁿ^a^quo^r^u^m^v^o^te^s^,^a^s^dis^c^los^e^{d by}^a^y^e^a^a^{nd na}^y^v^o^te^,
^the^ne^x^t^b^u^sⁱ^ne^s^s^is^f^o^r^the^pr^e^s^idiⁿ^g^of^fⁱ^ce^r^{to dir}^e^c^t^a^c^a^{ll of}^the^r^o^{ll to}^de^v^e^{lop a}^qu^or^um^.”^I^b^id^.,^p.¹⁰⁶^4.
^A^lte^rna^tiv^e^l^y^,^the^Se^na^te^m^a^y^v^o^te^{to a}^d^j^our^n.

With the guidance of the majority leader, however, the time for voting often is extended long
enough to allow as many Senators as possible to reach the floor and vote. On occasion, votes
have been left open well beyond the prescribed 15-minute period in order to accommodate
Senators who are hurrying to Capitol Hill from other locations.
A Senator may not have his or her vote recorded after the result of a rollcall vote has been
announced. By unanimous consent, however, the Senate may a permit a Senator who has voted to
change or withdraw that vote. Paragraph 1 of Rule XII states in part that:
ⁿ^o^Seⁿ^a^to^r^sh^a^{ll b}^e^p^e^r^m^it^ted^to^v^o^{te af}^ter^th^e^d^ecisioⁿ^s^h^all^h^a^v^e^b^een^aⁿⁿ^o^uⁿ^ced^b^y^t^h^e
^p^r^esidⁱⁿ^g^o^f^fⁱ^cer^{, b}^u^t^m^a^y^f^o^r^su^f^f^icieⁿ^t^r^e^a^s^oⁿ^s,^wⁱ^t^h^uⁿ^anⁱ^m^o^u^{s co}ⁿ^s^eⁿ^{t, ch}^aⁿ^g^e^o^r
^wⁱ^t^h^d^r^a^w^hⁱ^s^v^o^{te. No}^m^o^tioⁿ^to^su^sp^en^d^t^h^is^r^u^le^s^h^{all b}^eⁱⁿ^o^r^d^e^r^,ⁿ^o^r^sh^{all t}^h^{e p}^r^esidⁱⁿ^g
^o^f^fⁱ^cer^eⁿ^ter^t^ain^aⁿ^y^r^e^q^u^{est to}^su^sp^eⁿ^d^{it b}^y^uⁿ^aⁿⁱ^m^o^u^{s co}ⁿ^s^en^t.
If the yeas and nays are not ordered on the pending question, that usually indicates that there is no
uncertainty among Senators about what the outcome will be. In that case, when the time comes to
act, the presiding officer often states that, “without objection, the amendment is agreed to” (or the
bill is passed, etc.). “This is merely an abbreviated way of putting the question on a voice vote,
and does not imply that the proposition can be defeated by one objection. However, any Senator ²⁵
may object to putting the question in this manner,” in which case the question is decided by
voice, division, or rollcall vote.
Immediately after the presiding officer announces the result of a vote, one Senator often makes a
motion to reconsider, another (or even the same Senator) moves to lay that motion on the table,
and the presiding officer announces that, without objection, the motion to table is agreed to. The
Senate’s rules allow it one opportunity to reconsider most of the votes it takes. A motion to
reconsider may be made only by a Senator who voted on the prevailing side or a Senator who did
not vote. When such a motion is made and the Senate then agrees to table (or kill) it, that
consumes the one opportunity to reconsider, and makes the result of the vote final. In most cases,
a motion to reconsider is made and tabled routinely; in the case of a very close and seriously
contested rollcall vote, however, there may be another roll call in connection with a ²⁶
reconsideration motion.
All questions are to be decided on the Senate floor by simple majority vote unless a constitutional
provision or Senate rule or precedent provides otherwise. A simple majority vote is defined as at
least 50% plus one of the Senators voting, provided that a quorum is present.
The Constitution requires a two-thirds vote of the Senate to
• expel a Senator,
• override a presidential veto,
• adopt a proposed constitutional amendment,

²⁵^Rid^d^ic^k^’^s^Se^na^te^Pr^oc^e^dur^e^{, p. 1}³⁹⁷^.
²⁶^{See Ru}^le^X^{III an}^d^Ri^ddic^k^’^s^Seⁿ^a^te^Pr^oc^e^d^ur^e^{, p}^p^.¹¹^24-¹¹^49,^f^o^r^m^o^r^e^{on r}^e^c^onsⁱ^d^e^r^a^tion^.

• convict upon impeachment,
• give the Senate’s advice and consent to ratification of a treaty,
• determine that a president remains disabled, and
• remove political disabilities (now obsolete).
The Senate’s precedents require the support of two-thirds of those voting, a quorum being
present, to suspend the rules or to postpone indefinitely the consideration of a treaty. To invoke
cloture (under Rule XXII), a vote of three-fifths of the Senators duly chosen and sworn usually is
required; however, on a measure or motion to amend the Senate rules, cloture requires a vote of
two-thirds of the Senators present and voting. Also under cloture, the 30 hours available for post-
cloture consideration may be extended by a vote of three-fifths of all Senators duly chosen and
sworn.
Finally, the Senate currently requires a vote of three-fifths of all Senators duly chosen and sworn
to set aside various procedures and prohibitions of the congressional budget process, either by
agreeing to motions waiving them or by overturning rulings of the Chair on appeal. These budget
process requirements are itemized and discussed in CRS Report 97-865, Points of Order in the
Congressional Budget Process, by James V. Saturno.
^Be^t^s^y^Pa^lm^e^r
^An^al^y^s^{t on}^t^h^e^C^ong^res^s^aⁿ^{d L}^e^gⁱ^s^l^at^iv^{e P}^r^oces^s
^bpal^m^er^@^c^rs^.l^oc.g^ov^{, 7}^-⁰³⁸¹