Felt’s Parliamentary Procedure/To Reconsider

by Orson B. Felt

Layout 2

TO RECONSIDER.

135. When a motion, or an amendment, or a resolution has been acted upon it is sometimes found advisable afterward to modify, reverse, or otherwise change the action taken. (For exceptions, see Sec. 138.) The motion to reconsider is in order even after a vote to adjourn has been taken, if the result of the vote to adjourn has not been announced by the chair, and for the purpose of having the motion to reconsider entered upon the minutes it is in order to interrupt a member speaking (*note), but cannot further interfere with the business or discussion then before the assembly, and cannot be acted upon when any other business is before the assembly.

*Note.—For the purpose of defeating action of an assembly at which there is not present a fair representation of the members, or when it is evident that such action does not express the will of a majority of the members, it is well to have a special rule allowing the member who has notice of a reconsideration entered on the minutes the sole right to call it up at the meeting at which the notice was given. Such a rule would give ample time to notify the absent members, that all who are interested may be present, and while it may work an injury in some cases, the benefit to be derived form such a rule controlling reconsideration when the time is short, will more than overbalance the evil.

It cannot be amended and it may be laid on the table (for effect, see Sec. 95d). It requires only a majority vote, regardless of the vote necessary to adopt the action it is sought to reconsider.

It is debatable or undebatable, as the question it is sought to reconsider was debatable or undebatable, and if debatable it opens to debate the merits of the question sought to be reconsidered, even though the action it is sought to reconsider was passed under the previous question.

136. The motion to reconsider must be made by one who voted on the prevailing side—that is, by one of the successful party on the former vote be it in the majority or minority—and at the same meeting the vote was taken it is proposed to reconsider; or if the assembly holds a meeting on the next succeeding day (Sunday and holidays not included) and no action authorized by said vote has been taken, the reconsideration may be moved at the next meeting; or of there is on another day before the next regular session an adjourned meeting of the one at which the vote it is proposed to reconsider was taken, and the mover gives notice before the adjournment of the meeting at which the vote was taken of his intention to move a reconsideration, it may be called up at the adjourned meeting. If, however, the vote which it is proposed to reconsider was taken by ballot, the right to move a reconsideration would destroy the secrecy of the vote, which is the chief object of the ballot, and in such cases, except in cases of elections (when a reconsideration is not permissible), any member may move to reconsider.

137. After the motion to reconsider has been entered on the minutes it suspends all action required by the original vote until the motion to reconsider has been disposed of; but if not called up its effect terminates with the expiration of the time during which it is in order to act upon the reconsideration carries, it places the question again before the assembly in precisely the same condition as before voted on, and the presiding officer should again put the question to vote. It does no follow, however, that the reconsideration when called up must be decided immediately, as unless the previous question (97) is ordered it is subject to postponement, commitment or any other action.

If the reconsideration is upon the main question the reconsideration may be laid on the table or postponed; but when applied to any dependent question having a direct bearing upon and adhering to the main question it cannot be tabled or postponed without carrying with it the main question.

If the vote on the reconsideration is lost, the effect is to clinch or reaffirm the former vote, which then stands safe from reversal.

138. Reconsideration is applicable to almost all motions the exceptions are the motion to adourn, an affirmative vote to lay on the table, suspension of the rules, elections to office, the motion to reconsider itself, or any action that has been wholly or partly executed, or that has determined or influenced subsequent proceedings, or caused action that cannot be reversed. No question can be twice reconsidered; but if on reconsideration an amendment has been adopted making a material change another reconsideration may be had, because the question before the assembly is by reason of the amendment a different one.

139. An amended motion must be reconsidered before the amendment; hence, whenever an amended motion has been adopted, a motion to reconsider an amendment previously adopted would not be in order; it would be necessary first to reconsider the vote by which the amended motion was carried, and if the reconsideration prevailed a motion to reconsider the amendment would be in order.

If the previous question is ordered when this motion is pending, it applies only to the motion to reconsider, and if the vote on the reconsideration is in the affirmative the question for reconsideration is again before the assembly.