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118-850: The counsel is appointed by the Speaker of the House and must prepare, and submit to the Committee on the Judiciary one title at a time, a complete compilation, restatement, and revision of the general and permanent laws of the United States which conforms to the understood policy, intent, and purpose of the Congress in the original enactments, with such amendments and corrections as will remove ambiguities, contradictions, and other imperfections both of substance and of form, separately stated, with

236-440: A dark horse or compromise candidate, who received few votes in the first round, to become the candidate that opposing factions agree to settle on. Moreover, it can prevent a candidate who is opposed by the majority of the electorate from being elected, as might happen under plurality. A disadvantage is that if no one drops out of the race, and the voters are unwilling to switch sides, balloting can theoretically go on forever. In

354-411: A quorum call . Under the system implemented in the 1970s, members of the House may vote at any one of a number of stations located throughout the chamber. Each member has a small plastic card, punched identically on either end. To cast a vote, the representative inserts the card into the station in any direction and presses one of three buttons: "Yea," "Nay," or "Present." The representative's vote

472-501: A ' dark horse ' on whom all factions may prefer to agree". In social choice , this procedure by which elimination rules tend to eliminate consensus candidates is called the center squeeze effect . RONR discusses cumulative voting , a procedure that allows electors to divide a single vote between multiple candidates into k parts; the case where k =1 is called single non-transferable vote . RONR notes that "A minority group, by coordinating its effort in voting for only one candidate who

590-617: A Congress of the United States, which shall consist of a Senate and House of Representatives", political scientist Diana Schaub has argued, "Legislative powers cannot be lodged in the hands of a non-legislative person. To do so would violate the fundamental purpose of Article [I] of the Constitution." Both Schaub and the CRS note that the Standing Rules and Orders of the House created by the 1st United States Congress provided that

708-476: A Know Nothing but was now largely identified with the Republicans. The southern Know Nothings supported first Humphrey Marshall of Kentucky, and then Henry M. Fuller of Pennsylvania. The voting went on for almost two months with no candidate able to secure a majority, until it was finally agreed to elect the speaker by plurality vote, and Banks was elected. The House found itself in a similar dilemma when

826-513: A Senate resolution passed in 1984, created a standing order of the Senate requiring that each senator vote from his or her assigned desk. The resolution was sponsored by Democratic Senator Jennings Randolph of West Virginia . However, the rule is widely ignored, and senators typically vote while milling about the Senate chamber . All senators do vote from their desks, however, when asked to do so by

944-575: A bewildering variety of labels, including Whig, Republican , American ( Know Nothing ), and simply " Opposition ". By the time Congress actually met in December 1855, most of the northerners were concentrated together as Republicans, while most of the southerners and a few northerners used the American or Know Nothing label. Opponents of the Democrats held a majority in House, with the party makeup of

1062-413: A candidate for the speakership from among its senior leaders prior to the roll call. To be elected speaker, a candidate must receive a majority of votes from the members present and voting. If no candidate wins a majority, the roll call is repeated until a speaker is elected. Representatives are free to vote for someone other than the candidate nominated by their party but generally do not, as the outcome of

1180-416: A candidate is elected if they receive support from a majority of the voters. At no point are any candidates involuntarily eliminated, as they would under instant-runoff voting or the exhaustive ballot . Mason's Manual states, "In the absence of a special rule, a majority vote is necessary to elect officers and a plurality is not sufficient. A vote for the election of officers, when no candidate receives

1298-468: A clearly partisan cast, very different from the speakership of most Westminster-style legislatures, such as the speaker of the United Kingdom's House of Commons , which is meant to be scrupulously non-partisan. The speaker in the United States, by tradition , is the head of the majority party in the House of Representatives, outranking the majority leader. However, despite having the right to vote,

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1416-503: A compromise candidate since the other Republicans in the leadership were more controversial. Hastert, who had been serving in the House since 1986, became the longest serving Republican speaker (1999-2007). Hastert led the campaign to elect Tom DeLay , with whom he developed a close and effective partnership, as House Majority Whip. The Republicans came out of the 2000 elections with a further reduced majority but made small gains in 2002 and 2004. The periods of 2001–2002 and 2003–2007 were

1534-432: A deliberative assembly that the assembly take certain action). The regular methods of voting in such bodies are a voice vote, a rising vote, and a show of hands. Additional forms of voting include a recorded vote and balloting. Robert's Rules of Order Newly Revised (RONR) states that a voice vote ( viva voce ) is the usual method of voting on any motion that does not require more than a majority vote for its adoption. It

1652-494: A former Whig of unclear partisan loyalties, who was finally elected speaker on February 1, 1860. In December 1923, at the start of the 68th Congress , Republican Frederick H. Gillett needed nine ballots to win reelection. Progressive Republicans had refused to support Gillett in the first eight ballots. Only after winning concessions from Republican conference leaders (a seat on the House Rules Committee and

1770-442: A majority vote, is of no effect, and the situation remains exactly as though no vote had been taken." Demeter's Manual states, "The fact that a majority (or a plurality) of the votes are cast for an ineligible candidate does not entitle the candidate receiving the next highest number of votes to be declared elected. In such a case, the voters have failed to make a choice, and they proceed to vote again." Repeated balloting allows

1888-534: A non-member to serve as Speaker would effectively exempt Speakers from the eligibility requirements of the House Qualifications Clause of Article I, Section II and from being bound by an oath of office under the Oath or Affirmation Clause of Article VI as opposed to House members. The House Qualifications Clause requires that "No person shall be a Representative who shall not have attained to

2006-462: A note of it on an official tablet, but later in the Republic, the secret ballot was introduced, and the voter recorded his vote with a stylus on a wax-covered boxwood tablet, then dropped the completed ballot in the sitella or urna (voting urn), sometimes also called cista . In 1869, Thomas Edison filed for a patent on the first electric vote recorder, and demonstrated the system to

2124-429: A pledge that requested House rules changes would be considered) did they agree to support him. In 1997, several Republican congressional leaders tried to force Speaker Newt Gingrich to resign. However, Gingrich refused since that would have required a new election for speaker, which could have led to Democrats along with dissenting Republicans voting for Democrat Dick Gephardt (then minority leader) as speaker. After

2242-444: A plurality rule stating that, if after three more ballots no one garnered a majority of the votes, the person receiving the highest number of votes on the next ensuing ballot would be declared speaker. On the decisive 133rd ballot, Nathaniel P. Banks received the most votes, 103 votes out of 214, or five less than a majority, and was elected speaker. Preferential voting allows members to vote on more than one proposal or candidate at

2360-437: A roll call. The clerk calls the roll of senators alphabetical by name, and each Senator individually responds. Following the call, the clerk then identifies those who voted in the affirmative and those in the negative. The time limit for roll-call votes is nominally fifteen minutes as set by unanimous consent at the start of a two-year Congress, but votes are sometimes held open for longer so that senators may arrive. Unlike

2478-409: A speakership election with the opposite party's delegation participating. Finally, it was agreed to exclude both delegations from the election and a speaker was finally chosen on December 17. Another, more prolonged fight occurred in 1855 in the 34th United States Congress . The old Whig Party had collapsed but no single party had emerged to replace it. Candidates opposing the Democrats had run under

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2596-452: A specified period of time." The list of the members with this duty (usually political allies of the speaker, or members from districts close to Washington and thus better able to hold pro forma sessions) is made public. The first speaker of the House, Frederick Muhlenberg of Pennsylvania , was elected to office on April 1, 1789, the day the House organized itself at the start of the 1st Congress . He served two non-consecutive terms in

2714-407: A time, and to rank the various options in order of preference. Robert's Rules of Order recommends using ranked voting when it is not possible to use repeated ballots, but prefers repeated ballots over instant-runoff voting where possible because the latter "affords less freedom of choice than repeated balloting, because it denies voters the opportunity of basing their second or lesser choices on

2832-481: A traditional manual roll-call system in which the clerk calls the roll orally, records each member's vote on paper, and then tallies the ayes and nays. Twelve chambers use a hybrid system in which the clerk orally calls the roll, but each member's vote is then entered into a system. In the Parliament of the United Kingdom (Westminster), at the close of debate, the presiding officer of the chamber—the Speaker of

2950-543: A view to the enactment of each title as positive law ." The counsel takes each Act of Congress that covers more than one subject and makes the revisions indicated to each title of the United States Code . The counsel also regularly reviews the United States Code and proposes new titles to be enacted as positive law (meaning that they would displace all prior statutes on the same subject and become

3068-406: Is a member of the group, may be able to secure the election of that candidate as a minority member of the board". Similar, but more proportional , rules include Thiele's method or Phragmen's rules . Motions relating to methods of voting and the polls are incidental motions used to obtain a vote on a question in some form other than by voice or by division of the assembly; or to close or reopen

3186-428: Is a vote in which the votes (for or against) of each member of the assembly are recorded (and often later published). RONR explains: Taking a vote by roll call (or by yeas and nays , as it is also called) has the effect of placing on the record how each member, or sometimes each delegation, votes; therefore, it has exactly the opposite effect of a ballot vote. It is usually confined to representative bodies, where

3304-409: Is considered the simplest and quickest of voting methods used by deliberative assemblies. The chair of the assembly will put the question to the assembly, asking first for those in favor of the motion to indicate so verbally ("aye" or "yes"), and then ask those opposed to the motion to indicate so verbally ("no"). The chair will then estimate which side had more members. A simple rising vote (in which

3422-400: Is much the same as that used in the 1970s, although today, member's voting cards are magnetic stripe cards that contain identification information. Once a representative has voted, he or she may check the vote by reinserting the card and seeing which light is illuminated at the voting station. For the first ten minutes of a vote, a representative may also change his or her vote by reinserting

3540-419: Is rare in the Senate, but may be requested by any senator or ordered by the presiding officer if the outcome of the voice vote is doubtful. Like the voice vote, a division does not provide a record of how each senator voted. The chair announces the result of a division vote. As in a voice vote, any senator may ask for a recorded vote. The third method is a recorded vote ("the yeas and nays"), currently taken by

3658-451: Is removed from the position during a congressional term. At the start of a new Congress, those voting to elect the speaker are representatives-elect, as a speaker must be selected before members are sworn in to office; the House of Representatives cannot organize or take other legislative actions until a speaker is elected. Since 1839, the House has elected speakers by roll call vote . In practice, each party's caucus or conference selects

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3776-462: Is required if the chair believes in advance that a voice vote will be inconclusive. The chair can also order the rising vote to be counted. Another use is on a resolution honoring or in memory of a notable person, when the assembly stands in honor or remembrance. A show of hands is a method of public voting, often used in small boards, committees or also informal gatherings, or some larger assemblies. Members raise their hands to indicate support for

3894-407: Is sometimes used as a substitute for a roll call vote. It allows the members' votes to be recorded in the minutes without the chair having to call the names of each member individually. A motion to use a signed ballot is one of the motions relating to methods of voting and the polls. Repeated balloting or the majority rule is the standard election method for most parliamentary elections. In it,

4012-596: Is the presiding officer of the United States House of Representatives . The office was established in 1789 by Article I, Section II , of the U.S. Constitution . By custom and House rules, the speaker is the political and parliamentary leader of the House and is simultaneously its presiding officer, de facto leader of the body's majority party , and the institution's administrative head. Speakers also perform various other administrative and procedural functions. Given these several roles and responsibilities,

4130-437: Is the only speaker of the House who was later elected president of the United States. Toward the end of the 19th century, the office of speaker began to develop into a very powerful one. At the time, one of the most important sources of the speaker's power was his position as Chairman of the Committee on Rules , which, after the reorganization of the committee system in 1880, became one of the most powerful standing committees of

4248-420: Is then displayed in two summary panels above the press gallery seats and to the right and left of the speaker's dais . The panel shows the member's name and a light corresponding to how that member voted (green for yea, red for nay, and amber for present), keeps a running count of vote casts, and displays time remaining for a vote (most votes are held open for at least fifteen minutes). The system as used today

4366-598: The 36th Congress met in December 1859. Although the Republicans held a plurality, the Republican candidate, John Sherman , was unacceptable to southern oppositionists due to his anti-slavery views, and once again the House was unable to elect a speaker. After Democrats allied with southern oppositionists to nearly elect the North Carolina oppositionist William N. H. Smith , Sherman finally withdrew in favor of compromise candidate William Pennington of New Jersey,

4484-545: The European Parliament , decisions are usually made by show of hands. If the show of hands leads to a doubtful result, the vote is taken by standing and sitting. If this, too, leads to a doubtful result, the vote is taken by roll call. (A roll-call vote is also taken if any political group or any 21 members request). The president of the European Parliament may also decide to hold a vote using

4602-510: The House of Commons or the Lord Speaker of the House of Lords —" puts the motion " by asking members to call out their votes, typically saying "As many as are of that opinion, say 'aye'". The supporters of the measure shout "aye". The Speaker then says, "Of the contrary, 'no'" and the opponents of the measure shout "no". The Speaker then makes a determination of which side has won ("I think

4720-479: The U.S. presidential election of 1800 , Thomas Jefferson and Aaron Burr were tied at 73 electoral votes each, and in accordance with the Constitution the election was determined via a contingent election in the House of Representatives , where it took six days of debate and 36 ballots to elect Jefferson as the winner. Between rounds of balloting, members can make motions to help the assembly complete

4838-509: The United States Congress . The first proposal for automated voting in Congress was made in 1886. Over the next 84 years, fifty bills and resolutions to establish an automatic, electrical, mechanical, or electronic voting system in Congress were introduced. The Legislative Reorganization Act of 1970 authorized electronic voting for the first time. Electronic voting was first used in the House on January 23, 1973, to record

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4956-500: The United States federal government shutdown of 1995 and 1996 , in which Clinton was largely seen to have prevailed. Gingrich's hold on the leadership was weakened significantly by that and several other controversies, and he faced a caucus revolt in 1997. After the Republicans lost House seats in 1998 (although retaining a majority) he did not stand for a third term as speaker. His successor, Dennis Hastert , had been chosen as

5074-449: The War of 1812 , and various laws relating to Clay's " American System " economic plan. Furthermore, when no candidate received an Electoral College majority in the 1824 presidential election , causing the president to be elected by the House, Speaker Clay threw his support to John Quincy Adams instead of Andrew Jackson , thereby ensuring Adams' victory. Following Clay's retirement in 1825,

5192-541: The Wisconsin State Assembly (1917), Texas House of Representatives (1919), and Virginia House of Delegates (1923). Electronic voting systems continued to spread, and by 1980, nearly half of legislatures used such a system. Today, almost two-thirds of the legislative bodies have installed electronic voting systems. About 40 percent of chambers have made updates to their system since 1990. Electronic voting systems typically have voting controls at

5310-406: The median voter theorem , will tend to elect compromise candidates in a single round of voting). RONR advises against any such voting rule, saying that "The nominee receiving the lowest number of votes is never removed from the ballot unless the bylaws so require, or unless he withdraws – which, in the absence of such a bylaw, he is not obligated to do. The nominee in lowest place may turn out to be

5428-578: The 1998 midterm elections where the Republicans lost seats, Gingrich did not stand for re-election. The next two figures in the House Republican leadership hierarchy, Majority Leader Richard Armey and Majority Whip Tom DeLay chose not to run for the office. The chairman of the House Appropriations Committee , Bob Livingston , declared his bid for the speakership, which was unopposed, making him speaker-designate. It

5546-403: The 2000, 2002, and 2004 elections. The Democrats won a majority of seats in the 2006 midterm elections. On November 16, 2006, Nancy Pelosi , who was then minority leader, was selected as speaker-designate by House Democrats. When the 110th Congress convened on January 4, 2007, she was elected as the 52nd speaker by a vote of 233–202, becoming the first woman elected speaker of the House. Pelosi

5664-420: The 234 representatives being 83 Democrats, 108 Republicans, and 43 Know Nothings (primarily southern oppositionists). The Democratic minority nominated William Alexander Richardson of Illinois as speaker, but because of sectional distrust, the various oppositionists were unable to agree on a single candidate for speaker. The Republicans supported Nathaniel Prentice Banks of Massachusetts, who had been elected as

5782-619: The Age of twenty-five Years, and been seven Years a Citizen of the United States ". The Oath or Affirmation Clause provides that "The ... Representatives before mentioned... and all executive and judicial Officers ... of the United States ... shall be bound by Oath or Affirmation, to support this Constitution". Pursuant to Article VI, the 1st United States Congress passed the Oath Administration Act (that remains in effect) which provides that "...the oath or affirmation [required by

5900-706: The Ayes [or Noes] have it."). If the result of the vote is unclear (or challenged by any member of the house), the Speaker will call for a division of the house . Once a division has been called, the order "Clear the Lobby" is given in the Commons, and division bells ring out throughout the Parliamentary Estate to alert members that a vote is to take place. Members then physically separate themselves into

6018-777: The Constitution]... might require a regular course of practice to liquidate [and] settle the meaning of some of them." In holding in NLRB v. Noel Canning that the Recess Appointments Clause of Article II, Section II does not authorize the President to make appointments while the Senate is in pro forma sessions , the Supreme Court cited Marbury v. Madison (1803) and McCulloch v. Maryland (1819) in concluding that "The longstanding 'practice of

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6136-469: The House chamber. The updates enabled in-progress voting counts to be displayed on the closed-circuit TV system. In-progress vote counts are now also shown on C-SPAN . The three means of voting in the Senate are voice, division, and "the yeas and nays" (recorded votes or roll-call votes). On a voice vote, the presiding officer first asks those in favor to say "aye", and then opposed to say "no". The presiding officer then announces who appeared to win

6254-687: The House of Commons, the count in that house is now counted and verified by electronic means of members scanning their passes as they enter a division lobby. Among the devolved assemblies , the Northern Ireland Assembly uses the Westminster mode of voting; members use "Aye" and "No" lobbies unless a unanimous voice vote is taken. By contrast, the Scottish Parliament (Holyrood), National Assembly for Wales and States of Jersey use electronic voting systems. In

6372-432: The House on January 7, 2023, after the longest multi-ballot speaker election since 1859. McCarthy was eventually removed as speaker on October 3, 2023, after a further split in the Republican caucus, with five House Freedom Caucus members voting against McCarthy, which when combined with votes of Democrats, resulted in the ouster of McCarthy. This was the first time in the history of the House of Representatives in which

6490-473: The House, becoming the first woman to hold the position. President Bush acknowledged Pelosi as the first woman in that position in the opening of his 2007 State of the Union Address . John Boehner was elected speaker when the 112th Congress convened on January 5, 2011, and was re-elected twice, at the start of the 113th and 114th Congresses. On both of those occasions his remaining in office

6608-471: The House, the Senate does not use electronic voting. In December 2013, Senate Majority Leader Harry Reid suggested that he would not be opposed to setting up an electronic system similar to that used in the House, but also stated that he didn't see any change occurring "in the near future". Use of an electronic system would make it possible for the Senate to vote more quickly during " vote-a-rama " sessions on amendments to budget resolutions. S. Res. 480,

6726-569: The House. Furthermore, several speakers became leading figures in their political parties; examples include Democrats Samuel J. Randall , John Griffin Carlisle , and Charles F. Crisp , and Republicans James G. Blaine , Thomas Brackett Reed , and Joseph Gurney Cannon . The power of the speaker was greatly augmented during the tenure of the Republican Thomas Brackett Reed (1889–1891, 1895–1899). "Czar Reed", as he

6844-577: The Parliament's electronic voting system. Electronic voting systems are installed in each of the European Parliament's two locations : Strasbourg and Brussels . If at least 20% of the Parliament requests it before voting begins, the vote will be taken by secret ballot. In the Russian State Duma , relatively few roll call votes have been published that identify individual deputies' votes. The votes of individuals are recorded only if

6962-511: The Rules Committee, and determined which committee heard each bill. He vigorously used his powers to ensure that Republican proposals were passed by the House. In 1910, however, Democrats and several dissatisfied Republicans joined to strip Cannon of many of his powers, including the ability to name committee members and his chairmanship of the Rules Committee. Fifteen years later, Speaker Nicholas Longworth restored much, but not all, of

7080-622: The Senate majority leader. This typically is done on particularly solemn or important votes. The Senate Historical Office maintains a list of occasions when senators voted from their desks: these included the passage of the Affordable Care Act and Health Care and Education Reconciliation Act ; the confirmation votes of Supreme Court justices ; and votes on articles of impeachment . Many state legislatures use electronic voting systems for recorded votes. The first state legislative chambers to install electronic voting systems were

7198-415: The Speaker of the House was successfully removed. Following a multi-day four-ballot election, Mike Johnson was elected speaker on October 25, 2023. [REDACTED] [REDACTED] Historically, there have been several controversial elections to the speakership, such as the contest of 1839. In that case, even though the 26th United States Congress convened on December 2, the House could not begin

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7316-401: The Speaker or Lord Speaker announces the result. Some votes are "deferred" and instead conducted by means of an open ballot done at a convenient time for members. This is typically done for minor or technical legislation and is not permitted to be done for Bills. The House of Lords follows are similar procedure, though the words "aye" and "no" are replaced by "content" and "not content" and

7434-515: The Speaker would vote "In all cases of ballot by the [H]ouse", while former House Intelligence Committee General Counsel Michael Ellis and attorney Greg Dubinsky have argued that the Speaker must be a House member because the Speaker performs various legislative functions that other House officers (such as the Sergeant at Arms and the Clerk ) do not perform. Schaub and the CRS also note that

7552-544: The United States... and no Person holding any Office under the United States, shall be a Member of [the] House during his Continuance in Office." Along with political scientist Matthew J. Franck, Schaub, Ellis, and Dubinsky argue that permitting a Senator or an executive or judicial officer of the federal government to serve as a non-member Speaker would cause a significant breach of the constitutional separation of powers . Schaub, Ellis, and Dubinsky also argue that permitting

7670-554: The agenda of the majority party, often at the expense of the minority opposition. This can be seen, most of all, in the speakership of Democratic-Republican Henry Clay , who personally ensured the presidential victory of fellow Democratic-Republican John Quincy Adams . Democrat Sam Rayburn was a key player in the passing of New Deal legislation under the presidency of fellow Democrat Franklin Delano Roosevelt . Republican Joseph Gurney Cannon (under Theodore Roosevelt )

7788-550: The appointment is approved by the House. Separately, a speaker pro tempore is designated in the event the office of the speaker is declared vacant. Under the current Rules of the House, at the start of their term, the speaker is required to create a secret ordered list of members to temporarily serve as speaker of the House if the speakership became vacant and to provide the Clerk of the United States House of Representatives this list "as soon as practicable after"

7906-512: The authority to appoint a majority of the members of the Rules Committee. Meanwhile, the power of committee chairmen was curtailed, further increasing the relative influence of the speaker. Albert's successor, Democrat Tip O'Neill , was a prominent speaker because of his public opposition to the policies of President Ronald Reagan . O'Neill is the longest continuously serving speaker, from 1977 through 1987. He challenged Reagan on domestic programs and on defense expenditures. Republicans made O'Neill

8024-405: The body's presiding officer in the speaker's absence, is separate from the speaker's designation of multiple members as speakers pro tempore for the purpose of allowing them to sign enrolled bills and joint resolutions . The House Rules state: "With the approval of the House, the Speaker may appoint a Member to act as Speaker pro tempore only to sign enrolled bills and joint resolutions for

8142-563: The bylaws. Many legislative bodies use electronic voting systems for recorded votes. In the various types of legislative assemblies ( comitia ) of the Roman Republic , the voting was preceded by a contio (public meeting at which issues or candidates were presented). After the presiding magistrate called an end to this, citizens were dispersed into roped-off areas and were called forth in groups across raised gangways. Initially, each voter gave his vote orally to an official who made

8260-426: The card to change the vote. If a representative wants to change his or her vote in the last five minutes of a fifteen-minute vote, the representative must use a teller card in the well of the House. A tally clerk then manually enters the vote into the electronic voting system. In 1977, the electronic voting system was updated to be compatible with the House's newly installed closed-circuit television system showing

8378-566: The conservative "Old Guard" wing of the Republican Party, while his president—Theodore Roosevelt—was of the more progressive clique, and more than just marginalizing the Democrats, Cannon used his power to punish the dissidents in his party and obstruct the progressive wing of the Republican Party. Roll call vote Deliberative assemblies – bodies that use parliamentary procedure to arrive at decisions – use several methods of voting on motions (formal proposal by members of

8496-499: The division lobbies, the Aye lobby to the Speaker's right and the No lobby to the Speaker's left. As members pass through the lobbies, clerks record their names and they are counted by tellers. Members have eight minutes to vote before the doors to the division lobbies are locked. In the Commons, the tally is complete, the tellers approach the presiding officer and announce the tally, and then

8614-536: The election "and whenever appropriate thereafter." The names are only revealed in the event of a vacancy (e.g., by the speaker's death, resignation, incapacitation, or removal from office). This "succession list" procedure was created in 2003, following the September 11 attacks , to promote continuity of government . Rule I, clause 8, of the House Rules states the member whose name appears first on

8732-431: The election effectively demonstrates which party has the majority and consequently will organize the House. Representatives who choose to vote for someone other than their party's nominee usually vote for someone else in their party or vote " present ", in which case their vote does not count in tallying the vote positively or negatively. Anyone who votes for the other party's candidate could face serious consequences, as

8850-520: The election of Representative Mike Johnson . This came after two weeks of negotiations between Republicans, including three failed votes for Speaker. In total, there have been 16 elections requiring multiple ballots to elect a speaker, with 13 before the American Civil War , one in 1923, and two in 2023. The Constitution does not spell out the political role of the speaker. As the office has developed historically, however, it has taken on

8968-400: The election within a reasonable time. For instance, the assembly may vote to drop the candidate having the lowest vote after each successive vote, or reopen nominations for the office in order to secure a candidate on whom the majority can agree. This can help break a deadlock. In the 1855-56 election for Speaker of the House , the chamber, which had been deadlocked for 129 ballots, adopted

9086-658: The first ballot, necessitating an additional round of balloting for the first time since 1923. McCarthy ultimately prevailed when the remaining six anti-McCarthy holdouts voted " present " on the 15th ballot, ending the longest multiple-ballot speaker election since before the Civil War. He was removed from office less than ten months later, the first time in American History the House voted to remove its incumbent speaker. This led to multiple rounds of voting across multiple weeks to replace him, ultimately leading to

9204-547: The first times since 1953–1955 that there was single-party Republican leadership in Washington, interrupted from 2001 to 2003 as Senator Jim Jeffords of Vermont left the Republican Party to become independent and caucused with Senate Democrats to give them a 51–49 majority. In the 2006 midterm elections, the Democratic Party regained control of the House of Representatives. Nancy Pelosi was elected Speaker of

9322-463: The first woman to hold the office, Pelosi became the first speaker to return to power since Sam Rayburn in the 1950s. Following the 2022 midterm elections which saw the election of a narrow Republican Party majority in the House, Pelosi did not seek a Democratic leadership post in the next Congress. The Democratic Caucus named her "Speaker Emerita". Kevin McCarthy then became the new Speaker of

9440-403: The front desk and running vote total displays. The National Conference of State Legislatures has reported on various differences in state electronic voting-systems: More sophisticated electronic voting systems are sometimes linked to other technology to assist the legislatures in their work: A minority of state legislative chambers do not use an electronic voting system. Fourteen chambers use

9558-514: The government' ... can inform [the] determination of 'what the law is ' ". Under the Rules of the House, the speaker may designate a member to serve as speaker pro tempore , acting as the body's presiding officer in the speaker's absence. In most instances, the speaker pro tempore designation lasts for no more than three legislative days, although in the case of illness of the speaker, the speaker pro tempore may serve for ten legislative days if

9676-455: The law itself). Some proposed titles are simply updates of U.S.C. titles that were previously codified as prima facie evidence of the statutory law but have not yet been enacted as positive law. Other proposed titles collect the substance of all existing statutes on a particular subject from across the U.S.C. and the Statutes at Large into a new title. The current counsel, Ralph V. Seep,

9794-401: The leader of the Democratic Party in the House of Representatives and served as House minority leader for eight years before she led her party to victory in the 2018 elections. Following the 2018 midterm elections which saw the election of a Democratic Party majority in the House, Nancy Pelosi was again elected speaker when the 116th Congress convened on January 3, 2019. In addition to being

9912-526: The list "shall act as Speaker pro tempore until the election of a Speaker or a Speaker pro tempore ." The speaker pro tempore is not in the line of succession for the presidency . Following the removal of Kevin McCarthy as speaker in October 2023 on a motion to vacate (the first time in history that a speaker of the U.S. House of Representatives was successfully removed by the House), Patrick McHenry

10030-560: The lost influence of the position. One of the most influential speakers in history was Democrat Sam Rayburn . Rayburn had the most cumulative time as speaker in history, holding office from 1940 to 1947, 1949 to 1953, and 1955 to 1961. He helped shape many bills, working quietly in the background with House committees. He also helped ensure the passage of several domestic measures and foreign assistance programs advocated by Presidents Franklin D. Roosevelt and Harry Truman . Rayburn's successor, Democrat John W. McCormack (served 1962–1971),

10148-405: The majority members of each House standing committee, including the Rules committee (although it's worth to note their appointment to the said committees must be ratified by a resolution of the full House). While the speaker is the functioning head of the House majority party, the same is not true of the president pro tempore of the Senate, whose office is primarily ceremonial and honorary. When

10266-593: The minority leader, to hand the speaker's gavel to the new speaker, as a mark of the peaceful transition of power . While every speaker of the House has been a sitting House member, Article I, Section II, Clause 5, of the U.S. Constitution , concerning the choosing of a speaker, does not explicitly state House membership as a requirement. As noted by the Congressional Research Service , non-members have, on multiple occasions since 1997, received votes in speaker elections . In 1787, while

10384-434: The minority party or rejecting bills by the Senate. One famous instance came in the form of Thomas Brackett Reed (under Grover Cleveland ), a speaker notorious for his successful attempt to force the Democrats to vote on measures where the Republicans had clear majorities, which ensured that Cleveland's Democrats were in no position to challenge the Republicans in the House. Joseph Cannon was particularly unique in that he led

10502-420: The motion, then for opposition to it. The chairperson assesses which side had the most hands, sometimes by counting them individually. This method is more precise than a voice vote and ensures that each member's vote is counted equally (no advantage for shouting louder). However, it is not a full division of the assembly, and can produce a larger number of abstentions than a rising vote . A recorded vote

10620-403: The number of members voting on each side rise to their feet) is used principally in cases in which the chair believes a voice vote has been taken with an inconclusive result, or upon a motion to divide the assembly. A rising vote is also often the normal method of voting on motions requiring a two-thirds vote for adoption. It can also be used as the first method of voting when only a majority vote

10738-693: The order given before a division is "Clear the Bar". Since the COVID-19 pandemic , the Lords now vote electronically but members must be physically present in Parliament in order to do so, unless special dispensation is obtained. Before 2020, proposals to adopt electronic voting in Parliament were considered but rejected. For a temporary period between 22 April and 20 May 2020 due to COVID-19, Parliament sat virtually and both houses conducted electronic voting known as "virtual divisions". Although this no longer applies in

10856-420: The other hand, when the speaker and the president belong to opposite parties, the public role and influence of the speaker tend to increase. As the highest-ranking member of the opposition party (and de facto leader of the opposition ), the speaker is normally the chief public opponent of the president's agenda. In this scenario, the speaker is known for undercutting the president's agenda by blocking measures by

10974-436: The polls. For instance, a motion can be made to vote by ballot. These motions generally cannot be used to specify alternative forms of voting such as cumulative voting or preferential voting. Those methods can only be done through a provision in the bylaws. Likewise, proxy voting is generally prohibited, except in situations in which membership is transferable, as in stock corporations and even then, only by authorization in

11092-636: The power of the speakership once again began to decline, despite speakership elections becoming increasingly bitter. As the Civil War approached, several sectional factions nominated their own candidates, often making it difficult for any candidate to attain a majority. In 1855 and again in 1859, for example, the contest for speaker lasted for two months before the House achieved a result. Speakers tended to have very short tenures during this period. For example, from 1839 to 1863 there were eleven speakers, only one of whom served for more than one term. James K. Polk

11210-435: The proceeds are published, since it enables constituents to know how their representatives voted on certain measures. It should not be used in a mass meeting or in any assembly whose members are not responsible to a constituency. Recorded votes may either be taken by actually calling the roll (a task typically ordered by the chair and performed by the secretary) or, in some assemblies, by electronic device. A signed ballot

11328-603: The proposed Constitution was being considered, Pennsylvania Congress of the Confederation Delegate Tench Coxe publicly wrote the following: The house of representatives is not, as the Senate, to have a president chosen for them from without their body, but are to elect their speaker from their own number . . . . Noting that the Vesting Clause of Article I, Section I states that "All legislative Powers herein granted shall be vested in

11446-426: The purposes of determining a quorum. Through these and other rulings, Reed ensured that the Democrats could not block the Republican agenda. The speakership reached its apogee during the term of Republican Joseph Gurney Cannon (1903–1911). Cannon exercised extraordinary control over the legislative process. He determined the agenda of the House, appointed the members of all committees, chose committee chairmen, headed

11564-439: The results of earlier ballots, and because the candidate or proposition in last place is automatically eliminated and may thus be prevented from becoming a compromise choice". In any case, preferential voting can be used only if the bylaws specifically authorize it. It is worth noting that elimination of the candidate with fewest votes is a feature of instant-runoff voting , but not of most modern ranked voting methods (which, by

11682-426: The right to vote. The speaker is second in the United States presidential line of succession , after the vice president and ahead of the president pro tempore of the Senate . The 56th and current Speaker of the House is Mike Johnson , a Republican from Louisiana . The House elects its speaker at the beginning of a new Congress, biennially , after a general election , or when a speaker dies, resigns, or

11800-544: The sixth article of the Constitution of the United States]… shall be administered ... to the Speaker". Like the U.S. Supreme Court 's ruling in NLRB v. Noel Canning (2014), Ellis and Dubinsky cite an 1819 letter written by James Madison to Virginia Supreme Court of Appeals Judge Spencer Roane where Madison stated that "difficulties and differences of opinion [arising] in expounding terms [and] phrases ... used [in

11918-433: The speaker and the president belong to the same party, the speaker tends to play the role in a more ceremonial light, as seen when Dennis Hastert played a very restrained role during the presidency of fellow Republican George W. Bush . Nevertheless, when the speaker and the president belong to the same party, there are also times that the speaker plays a much larger role, and the speaker is tasked, e.g., with pushing through

12036-474: The speaker usually does not participate in debate and only votes on the most significant bills. The speaker is responsible for ensuring that the House passes legislation supported by the majority party. In pursuing this goal, the speaker may use their influence over the Rules committee , which is in charge of the business of the House . The speaker chairs the majority party's House steering committee, which selects

12154-417: The speaker usually does not personally preside over debates—that duty is instead delegated to members of the House from the majority party—nor regularly participate in floor debates. The Constitution does not explicitly require the speaker to be an incumbent member of the House of Representatives, although every speaker thus far has been, and as a member the speaker also represents their district and retains

12272-410: The speaker's chair, 1789–1791 (1st Congress) and 1793–1795 ( 3rd Congress ). As the Constitution does not state the duties of the speaker, the speaker's role has largely been shaped by rules and customs that evolved over time. Scholars are divided as to whether early speakers played largely ceremonial and impartial roles or whether they were more active partisan actors. From early in its existence,

12390-402: The speaker's primary function had been to keep order and enforce rules. The speakership was transformed into a position with power over the legislative process under Henry Clay (1811–1814, 1815–1820, and 1823–1825). In contrast to many of his predecessors, Clay participated in several debates and used his influence to procure the passage of measures he supported—for instance, the declaration of

12508-602: The speakership election until December 14 because of an election dispute in New Jersey known as the " Broad Seal War ". Two rival delegations, one Whig and the other Democrat, had been certified as elected by different branches of the New Jersey government. The problem was compounded by the fact that the result of the dispute would determine whether the Whigs or the Democrats held the majority. Neither party agreed to permit

12626-446: The target of their election campaigns in 1980 and 1982 but Democrats managed to retain their majorities in both years. The roles of the parties reversed in 1994 when, after spending forty years in the minority, the Republicans regained control of the House with the " Contract with America ", an idea spearheaded by Minority Whip Newt Gingrich . Speaker Gingrich would regularly clash with Democratic President Bill Clinton , leading to

12744-720: The text of the Presidential Succession Act of 1947 assumes that the Speaker is a House member in requiring the Speaker's resignation upon succession to the Presidency due to the Ineligibility Clause of Article I, Section VI . The Ineligibility Clause provides that "No ... Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of

12862-402: The vote ("The ayes [noes] appear to have it."). One variation of a voice vote is for the presiding officer to state: " Without objection the amendment [bill, resolution, motion, etc.] is agreed to [or not agreed to]." If any senator objects to the presiding officer's determination, a vote will occur by another method (usually a recorded vote). A division vote (taken by having each side stand)

12980-409: Was a somewhat less influential speaker, particularly because of dissent from younger members of the Democratic Party. During the mid-1970s, the power of the speakership once again grew under Democrat Carl Albert . The Committee on Rules ceased to be a semi-independent panel, as it had been since 1910. Instead, it once again became an arm of the party leadership. Moreover, in 1975, the speaker was granted

13098-402: Was appointed by Speaker John Boehner , effective June 2, 2011. This article relating to law in the United States or its constituent jurisdictions is a stub . You can help Misplaced Pages by expanding it . Speaker of the United States House of Representatives The speaker of the United States House of Representatives , commonly known as the speaker of the House or House Speaker ,

13216-399: Was called by his opponents, sought to end the obstruction of bills by the minority, in particular by countering the tactic known as the " disappearing quorum ". By refusing to vote on a motion, the minority could ensure that a quorum would not be achieved and that the result would be invalid. Reed, however, declared that members who were in the chamber but refused to vote would still count for

13334-408: Was particularly infamous for his marginalization of the minority Democrats and centralizing of authority to the speakership. In more recent times, Speaker Nancy Pelosi played a role in continuing the push for health care reform during the presidency of fellow Democrat Barack Obama and in pushing for increases in infrastructure and climate spending during the presidency of Democrat Joe Biden . On

13452-489: Was reelected speaker in the 111th Congress, and again in the 116th and 117th Congresses. The January 2023 speakership election occurred two months after the 2022 House elections in which the Republicans won a slim four-seat majority. Kevin McCarthy was nominated for speaker by the House Republican Conference but due to a division among the Republicans, no one received a majority of the votes on

13570-419: Was revealed to be the first name on McCarthy's list and became acting speaker. The intent of the rule was for the speaker pro tempore to serve for a short period, until the House elected a new speaker, but the House rules set no specific limit on the length of time that a member may be speaker pro tempore . The designation of a speaker pro tempore for purposes of succession, and for purposes of serving as

13688-418: Was the case when Democrat James Traficant voted for Republican Dennis Hastert in 2001 ( 107th Congress ). In response, the Democrats stripped him of his seniority, and he lost all of his committee posts. Upon election, the new speaker is sworn in by the dean of the United States House of Representatives , the chamber's longest-serving member. Additionally, it is customary for the outgoing speaker, or

13806-429: Was then revealed, by Livingston himself, who had been publicly critical of President Bill Clinton 's alleged perjury during his sexual harassment trial, that he had engaged in an extramarital affair. He opted to resign from the House, despite being urged to stay on by House Democratic leader Gephardt. Subsequently, the chief deputy whip Dennis Hastert was selected as speaker. The Republicans retained their majorities in

13924-503: Was threatened by the defection of several members from his own party who chose not to vote for him. Boehner's tenure as speaker, which ended when he resigned from Congress in October 2015, was marked by multiple battles with the conservatives in his own party related to " Obamacare ", appropriations , among other political issues. This intra-party discord continued under Boehner's successor, Paul Ryan . When Republican leader John Boehner succeeded Pelosi as speaker in 2011, Pelosi remained

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