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34-413: A majority is different from, but often confused with, a plurality , which is a subset larger than any other subset but not necessarily more than half the set. For example, if there is a group with 20 members which is divided into subgroups with 9, 6, and 5 members, then the 9-member group would be the plurality, but would not be a majority (as they have less than ten members). In parliamentary procedure ,

68-580: A supermajority ) is a number of votes above a specified percentage (e.g. two-thirds); a relative majority (also a plurality ) is the number of votes obtained that is greater than any other option. Henry Watson Fowler suggested that the American terms plurality and majority offer single-word alternatives for the corresponding two-word terms in British English, relative majority and absolute majority , and that in British English majority

102-493: A "repealer". The Repeal Association in 19th-century Ireland advocated Irish independence through repeal of the Acts of Union 1800 . Many repeals without replacement are the result of significant changes in society . Major examples include: The repeal of a statute may be either express or implied . Express repeal occurs where express words are used in a statute to repeal an earlier statute. They are now usually included in

136-475: A decision being made by a temporary majority is the motion to reconsider and enter on the minutes , by which two members can suspend action on a measure until it is called up at a meeting on another day. The expression "at least 50% +1" is often misused when "majority" is actually intended. However, this is incorrect when the total number referred to is odd. For example, say a board has 7 members. "Majority" means "at least 4" in this case (more than half of 7, which

170-526: A majority always means precisely "more than half". Other common definitions (e.g. the frequent 50%+1) are incorrect. Depending on the parliamentary authority used, there may be a difference in the total that is used to calculate a majority vote due to spoiled votes . In Robert's Rules of Order Newly Revised (abbreviated RONR), spoiled votes are counted as votes cast, but are not credited to any candidate. In The Standard Code of Parliamentary Procedure (abbreviated TSC ), spoiled votes are not included in

204-463: A majority of the vote. In Scenario 3, assume that Alice and Bob are eligible candidates, but Carol is not. Using Robert's Rules of Order , no one received a majority vote, which is the same as Scenario 2. In this case, the 4 votes for Carol are counted in the total, but are not credited to Carol (which precludes the possibility of an ineligible candidate being credited with receiving a majority vote). However, using The Standard Code , Alice received

238-445: A majority vote since only votes for eligible candidates are counted. In this case, there are 16 votes for eligible candidates and Alice received more than half of those 16 votes. A temporary majority exists when the positions of the members present and voting in a meeting of a deliberative assembly on a subject are not representative of the membership as a whole. Parliamentary procedure contains some provisions designed to protect against

272-564: A majority, i.e. the denominator used in calculating the percent support for a vote. Common voting bases include: For example, assume that votes are cast for three people for an office: Alice, Bob, and Carol. In all three scenarios, Alice receives a plurality , or the most votes among the candidates, but in some she does not receive a majority. In Scenario 1, Alice received a majority of the vote. There were 20 votes cast and Alice received more than half of them. In Scenario 2, assume all three candidates are eligible. In this case, no one received

306-399: A plurality of votes but not a majority. In some votes, the winning candidate or proposition may need only a plurality, depending on the rules of the organization holding the vote. In international institutional law, a simple majority (also a plurality ) is the highest number of votes cast (disregarding abstentions) among alternatives. However, in many jurisdictions, a simple majority is

340-466: A repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland . Under the common law of England and Wales , the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however,

374-436: A single member. Other related terms containing the word "majority" have their own meanings, which may sometimes be inconsistent in usage. In British English , the term "size of a majority", "overall majority", or "working majority" is sometimes used to mean the difference between the number of legislators in the government and a simple majority of seats (half the seats, rounded up). This has led to some confusion and misuse of

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408-409: A stronger requirement than plurality (yet weaker than absolute majority ) in that more votes than half cast, excluding abstentions, are required. An absolute majority (also a majority ) is a number of votes "greater than the number of votes that possibly can be obtained at the same time for any other solution", when voting for multiple alternatives at a time. A qualified majority (also

442-602: A table in a schedule to the statute, for reasons of convenience. In the United States, when a bill is passed by the House and Senate and signed by the president, or Congress overrides a presidential veto, the various provisions contained within the newly enacted law are rearranged according to their policy content and cataloged in the United States Code —a compilation of the general and permanent federal laws of

476-409: A temporary majority violating the rights of absentees. For instance, previous notice is typically required to rescind, repeal or annul something previously adopted by a majority vote. However, in this and many other cases, previous notice is not required if a majority of the entire membership votes in favor, because that indicates that it is clearly not a temporary majority. Another protection against

510-404: Is repealed and re-enacted is where the law in the area is being updated but the law being repealed needs to be replaced with one suitable for the modern era. Re-enactment can be with or without amendment, although repeal and re-enactment without amendment normally occurs only in the context of a consolidation bill (a bill to consolidate the law in a particular area). For example, the repeal of

544-791: Is 3.5). But 50% + 1 is 4.5, and since a number of people can only be integer, "at least 50% + 1" would mean "at least 5". An example of the expression's misuse to refer to a majority is the 50+1 rule . Plurality (voting) A plurality vote (in North American English ) or relative majority (in British English ) describes the circumstance when a party , candidate , or proposition polls more votes than any other but does not receive more than half of all votes cast. For example, if from 100 votes that were cast, 45 were for candidate A , 30 were for candidate B and 25 were for candidate C , then candidate A received

578-490: Is now subject to savings provisions within the Interpretation Act 1978 . In parliamentary procedure , the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly . A partial repeal occurs when a specified part or provision of a previous Act is repealed but other provisions remain in force. For example, the Acts of Union 1800 , providing for

612-439: Is sometimes understood to mean "receiving the most votes" and can therefore be confused with plurality . Rescind, repeal or annul A repeal (O.F. rapel , modern rappel , from rapeler , rappeler , revoke, re and appeler , appeal) is the removal or reversal of a law . There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or

646-423: Is used in a committee , RONR requires a two-thirds vote unless all committee members who voted for the motion to be rescinded or amended are present or have received ample notice; in which case a majority vote is required. Under The Standard Code of Parliamentary Procedure , a repeal or amendment of something already adopted requires only the same vote (usually a majority) and notice that was needed to adopt it in

680-490: The Interpretation Act 1889 , and before 1953 all Statute Law Revision Acts contained a different general savings provision deemed the Westbury saving , which has now fallen out of use. Similar provisions exist in the law of Ireland and other common law countries. In meetings of a deliberative assembly, the motions to rescind (or "repeal" or "annul") and amend something previously adopted are used to change action that

714-523: The Poor Laws in England in 1948 reflected their replacement by modern social welfare legislation. A repeal without replacement is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned. If a campaign for the repeal of a particular law gains particular momentum, an advocate of the repeal might become known as

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748-811: The Code and replaced by a note summarizing what used to be there. Once deleted, the repealed statute no longer has the force of law. All repeals of parts of the US Code are, therefore, express repeals. Implied repeal occurs where two statutes are mutually inconsistent. The effect is that the later statute repeals the earlier statute pro tanto (in so far as it is inconsistent). As past and future parliaments are equally sovereign, later parliaments can carry out implied repeal of earlier statute by passing an inconsistent statute, but inconsistency needs to be established before implied repeal can occur. Repeals can be with or without savings. A repeal without savings eliminates

782-407: The United States. To repeal any element of an enacted law, Congress must pass a new law containing repeal language and the codified statute's location in the U.S. Code (including the title, chapter, part, section, paragraph and clause). In this way, Congress (and the president) must follow the same rules and procedures for passing any law. When statutes are repealed, their text is simply deleted from

816-404: The entire proposal and leaving nothing remaining. It is not in order when the question can be reached by a motion to reconsider. Once legislation has been actually enacted, it is too late to rescind. The vote required to rescind is the same as would be required to repeal the act which it sought to rescind (usually a majority). The motion to rescind and expunge from the minutes is used to express

850-402: The first place. This book states, "As a general rule, fewer than a majority should not be authorized to decide anything, and more than a majority should not be required for most decisions"; the book further states that the problem with situations in which a supermajority is required is that "the minority, not the majority, controls." In legislative bodies, the motion to rescind is used for much

884-489: The repealed statute completely. A repeal with savings preserves the effect of the repealed statute for limited purposes, such as preventing the reversal of any repeals contained within it, or ensuring that rights granted under its authority are retained. In England and Wales, sections 15 to 17 and 19(2) of the Interpretation Act 1978 set out general savings for all repeals. These re-enact similar provisions from

918-410: The requirements for changing a previous action are greater than those for taking the action in the first place. A motion to rescind, repeal, annul or amend something already adopted requires a two-thirds vote , a majority vote with previous notice , or a vote of a majority of the entire membership , any one of which would suffice. Demeter's Manual imposes a similar requirement. When this motion

952-420: The same purpose as the motion to reconsider ; many court decisions treat the two motions as one motion. However, in legislative contexts, it is not the same as a motion to repeal. The difference between rescind and reconsider is that the motion to rescind is ordinarily applied to actions that have been taken and are already in effect. It has been described as being in the nature of a motion to amend by striking out

986-451: The strongest disapproval about action previously taken by a deliberative assembly. Using Roberts Rules of Order Newly Revised , this motion requires a vote of a majority of the entire membership. Using The Standard Code of Parliamentary Procedure , the motion to expunge requires a majority vote (of those voting). The secretary does not erase the expunged motion, but draws a line around it, marks it "expunged by order of this assembly," gives

1020-557: The terms "majority" or "relative majority" to mean what is correctly called the margin of victory , i.e. the number of votes separating the first-place finisher from the second-place finisher. A " double majority " is a voting system which requires a majority of votes according to two separate criteria. e.g. in the European Union, the Council uses a double majority rule, requiring 55% of member states, representing at least 65% of

1054-407: The total EU population in favor. In some cases, the required percentage of member states in favor is increased to 72%. A " supermajority " is a specified threshold greater than one half. A common use of a supermajority is a " two-thirds vote ", which is sometimes referred to as a "two-thirds majority". The voting basis refers to the set of members considered when calculating whether a proposal has

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1088-408: The total and a majority vote is defined as being more than half of all eligible votes cast. As it relates to a vote, a majority vote most often means a simple majority vote, which means more "yes" votes than "no" votes. Abstentions or blanks are excluded in calculating a simple majority vote. Also, the totals do not include votes cast by someone not entitled to vote or improper multiple votes by

1122-572: The union between the formerly separate kingdoms of Great Britain and Ireland as the United Kingdom , was partially repealed in 1922, when (as a consequence of the 1921 Anglo-Irish Treaty ), twenty-six of the thirty-two counties of Ireland were constituted as the Irish Free State , and ceased to form part of the United Kingdom. A full repeal occurs where the entire Act in question is repealed. A typical situation where an Act

1156-415: Was taken. They are two forms of the same incidental main motion and they follow the same rules. A motion to postpone an event or action previously scheduled is a particular case of the motion to amend something previously adopted. Under Robert's Rules of Order , the rules for this motion protect against instability arising from small variations in attendance from one meeting to the next. For this reason,

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