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Motions that bring a question again before the assembly

Motions that bring a question again before the assembly. By Cliff Creel For National Association of Parliamentarians, White Mountain Unit January 16 , 2014. Related Principles of Parliamentary Law.

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Motions that bring a question again before the assembly

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  1. Motions that bring a question again before the assembly By Cliff Creel For National Association of Parliamentarians, White Mountain Unit January 16, 2014

  2. Related Principles of Parliamentary Law • During a meeting (or session) in which the assembly has decided a question, the same or substantially the same question cannot be brought up again, except through special procedures. • While a question is temporarily disposed of but is not finally settled, no similar or conflicting motion whose adoption would restrict the assembly in acting on the first question can be introduced. • To change what the assembly has adopted requires something more (in the way of a vote or previous notice to the members) than was necessary to adopt it in the first place.

  3. Precedence* • There is no precedence among these motions. • These are incidental main motions: • Rescind • Amend Something Previously Adopted • Discharge a Committee • These cause a main motion to become pending by their adoption: • Take from the Table • Reconsider • Discharge a Committee • *Pronounced pree-SEED-n’s

  4. Take from the Table • Purpose: To make pending again a motion or series of adhering motions that previous has been laid on the table. • Is an incidental main motion and thus takes precedence over no pending motion – however does take precedence over a main motion that has been made but not yet stated by the chair. • Motion must be made at a time when the main motion would be in order. • If voted down, cannot be renewed until further business has been transacted. • A motion laid on the table expires if not taken from the table during that session, or the next session if that session occurs within a quarterly time interval.

  5. Quarterly Time Interval • A “parliamentary” quarterly time interval is defined between two sessions such that the second session begins at any time during or before the third calendar month after the calendar month in which the first session ends. • Examples

  6. Take from the Table (cont.) • When taken from the table, it is exactly as it was when laid on the table with everything adhering to it. • Except, if a motion to postpone were adhering and the time to postpone has past, then the motion is ignored. • If the motion is taken up on the same day: • Members who have exhausted their right of debate cannot speak further. • Previous question or limitation or extension of debate is not exhausted. • However, if taken up on another day: • Members right of debate is renewed. • Previous question is exhausted and regular rules of debate prevail.

  7. Rescind / Amend Something Previously Adopted • Two forms of one incidental main motion governed by identical rules. • Rescind: cancels a previous action • Amend Something Previously Adopted: changes only part of a previous motion or substitutes a different version. • Can be moved only when nothing else is pending. Previous notice can be given while another question is pending provided it doesn’t interrupt a speaker. • *Requires a 2/3 vote, majority of membership or majority vote when notice is given. Amendments must be within the scope of the notice to maintain majority vote. • When applied to bylaws, vote must conform to requirements of bylaws. • Only a negative vote can be reconsidered.

  8. Rescind / Amend Something Previously Adopted (cont.) • Not in order: • When previously moved to reconsider and the question can be reached by calling up the motion to reconsider. • When action has been taken on the motions that cannot be undone. • When applied to an election or expulsion and the person was present or has been notified. There are other ways to deal with this. • Rescind and Expunge from the Minutes • Requires majority of entire membership. • A single line is drawn through the text of the minutes such that the text is still readable and it is labeled “Rescinded and Ordered Expunged” with date and signature.

  9. Discharge a Committee • Purpose : To take the matter out of the committee’s hands before the committee has made a final report so the assembly itself can consider it. • So long as the question is in the hands of a committee, the assembly cannot consider another motion involving practically the same question. • Can be moved only when nothing else is pending. Previous notice can be given while another question is pending provided it doesn’t interrupt a speaker. • *Requires a 2/3 vote, majority of membership or majority vote when 1) notice is given, 2) when the committee fails to report as instructed or 3) when considering a partial report of the committee.

  10. Reconsider • Purpose: Enables a majority to bring back for further consideration a motion which has already been voted on. • Permits correction of hasty, ill-advised or erroneous action • Take into account added information or a changed situation. • *Is debatable if the motion to be reconsidered is debatable. • Can only be made by a member who voted with the prevailing side. If voting by ballot, maker must waive secrecy of ballot. • In a meeting of one day, motion must be made on same day. In a multi-day session, motion must be made on same or next day. • The making of the motion has a higher precedence than its consideration. When motion is made, any action growing out of it is temporarily suspended until it is considered and resolved.

  11. Reconsider (cont.) • Making the motion to reconsider takes precedence over any other motion and yields to nothing. • Considering the motion to reconsider has the same precedence as the motion to be reconsidered, although it has preference over motions of equal rank. Consideration must be taken up within a quarterly time interval. • Members may speak during debate on reconsideration even if their debate was exhausted during debate on the original motion. If reconsideration is approved on the same day, members who exhausted their speaking during the original debate cannot speak again without permission.

  12. Reconsider and Enter on the Minutes • Purpose: To prevent a temporary majority from taking advantage of an unrepresentative attendance to vote an action that is opposed by a majority of the membership. • Must be moved on same day vote to be reconsidered is taken by someone who voted on prevailing side. • Takes precedence over regular form of reconsider and thus take precedence over all other motions. • Cannot be called up on the same day it is moved. • Must be called up within a quarterly time interval.

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