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Appeal

Appeal. A motion used to determine whether or not a decision by the chair is valid or correct. Appeal. Characteristics: Takes precedence over any question pending at the time. Yields to Question of Privilege. Yields to Incidental motions arising out of itself. Must be seconded.

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Appeal

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  1. Appeal • A motion used to determine whether or not a decision by the chair is valid or correct.

  2. Appeal • Characteristics: • Takes precedence over any question pending at the time. • Yields to Question of Privilege. • Yields to Incidental motions arising out of itself. • Must be seconded. • Is not amendable.

  3. Appeal • Characteristics: • Is debatable unless: • Made during a ‘Division of the House.’ • Relates to rules of speaking. • Is made on a nondebatable question. • A majority or a tie vote sustains the decision of the chair.

  4. Appeal • Characteristics: • If an appeal is debatable: • No member is allowed to speak more than once, except the chairperson. • Chair has preference in debate. • Can be reconsidered.

  5. Appeal • Uniqueness: • Members have no right to critique a ruling of the chair unless they appeal from his decision. • An appeal that is not debatable and yields to no subsidiary motions. • Even when the appeal is not debatable, the chair can give the reasons for his decision.

  6. Appeal • Uniqueness: • An appeal that is debatable yields to the following subsidiary motions in accordance to the order of precedence of motions: • Refer to Committee • Postpone Definitely • Previous Question • Lay on the Table

  7. Appeal • Uniqueness: • A member can appeal to a ruling from the chair. • No appeal can be made from the chair’s response to an Inquiry or Point of Information. • Chair is entitled to speak first and last in regards to an appeal.

  8. Appeal • Form: • Member (without being recognized): “I appeal the decision of the chair.” • Chair: “Is there a second to the appeal?” • Once seconded, the chair announces: “Shall the decision of the chair be sustained?”

  9. Appeal • Form: • After debate, the assembly votes. • The chair is either sustained or not sustained.

  10. Point of Order • This devise should be used when a member thinks that the rules of the assembly are being violated.

  11. Point of Order • Characteristics: • Takes precedence over any pending question out of which it arises. • Is in order when another has the floor, even interrupting a person speaking. • Does not require a second. • Is not amendable.

  12. Point of Order • Characteristics: • Is not debatable, unless the chair submits the point to a vote of the assembly. • Is normally ruled upon by the chair. • Cannot be reconsidered.

  13. Point of Order • Uniqueness: • Must be raised promptly at the time the breach occurs. • The chair can seek advise from experienced members who are present. • If you are not satisfied with the chair’s decision, you can appeal.

  14. Point of Order • Uniqueness: • If the chair is in doubt, the Point should be placed before the assembly. • There cannot be two appeals on the floor at the same time.

  15. Point of Order • Form: • Member (without being recognized): “I rise to a Point of Order.” • Chair: “State your point.”

  16. Division of the House • The objective of the motion is to verify the accuracy of a vote by a rising vote.

  17. Division of the House • Characteristics: • Takes precedence over any motion on which a vote is being taken or has just been taken. • Is in order when another has the floor. • Is not amendable. • Is not debatable. • Does not require a vote • May not be reconsidered.

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