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==Parliamentary use== |
==Parliamentary use== |
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In a [[Parliamentary procedure|parliamentary context]], as used in a [[legislative body]], a motion to vacate is made by a member of the body to propose that the [[chairman|presiding officer]] (or 'chair') |
In a [[Parliamentary procedure|parliamentary context]], as used in a [[legislative body]], a motion to vacate is made by a member of the body to propose that the [[chairman|presiding officer]] step down from their role (or 'chair'). That is commonly referred to as a "motion to vacate the chair" or a "motion to declare the chair vacant". |
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===Manuals of parliamentary procedure=== |
===Manuals of parliamentary procedure=== |
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Revision as of 17:49, 6 October 2023
A motion to vacate is a formal proposal, either to 'vacate' (or reverse) the decision in a matter which had previously been formally ruled upon or decided, or to replace the holder of a presiding position.
Legal use
In the legal context, a motion to vacate is a formal request to overturn a court's earlier judgment, order, or sentence. This typically involves an attorney filing a written legal motion for consideration by a judge.
Parliamentary use
In a parliamentary context, as used in a legislative body, a motion to vacate is made by a member of the body to propose that the presiding officer step down from their role (or 'chair'). That is commonly referred to as a "motion to vacate the chair" or a "motion to declare the chair vacant".
Manuals of parliamentary procedure
Robert's Rules of Order Newly Revised allows this motion to be used if the occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly.[1] If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used.[2] However, the assembly could temporarily remove the chair for the meeting using a suspension of the rules.[3] The bylaws of the organization would determine how to permanently remove the officer.[4]
Demeter's Manual states that the procedure is to either bring charges against the presiding officer for neglect of duty or abolish their term of office by amending the bylaws with due notice to all members; either of these methods requires a two-thirds vote.[5]
Mason's Manual provides, "A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified. When there is no fixed term of office, an officer holds office at the pleasure of the body, or until a successor is elected and qualified."[6]
In the U.S. House of Representatives
Under House Rule IX, a resolution to declare the office of Speaker of the United States House of Representatives vacant is considered privileged, meaning that, if it is introduced on the floor by a member, it must be put up to a floor vote within two legislative days. In 2019, at the beginning of the 116th Congress, the rules were altered so as to prevent motions from qualifying as matters of privilege unless "offered on behalf of a party conference or caucus"; this change remained in place until 2023, when it was reversed by the 118th Congress, though the provision putting it to an immediate floor vote remained intact.[7][8][9]
In the entire history of the House of Representatives, there have been only three instances of a motion to vacate the chair being filed: one in March 1910,[10] one in July 2015, and one in October 2023. Of the three, only the last was successful, removing Kevin McCarthy from the speakership on October 3.[11]
1910 motion
In 1910, Republican Speaker Joe Cannon, who had just faced a revolt by his caucus on a resolution concerning committee assignments, introduced a motion to vacate his own Speakership; he was sure the motion would fail, showing that he still had the backing of a majority of the House. Cannon's plan succeeded, with the House rejecting the motion by a majority of 37 (155 Ayes to 192 Noes). Some of the Republicans who opposed Cannon nonetheless voted against, since they did not want to face the risk of him being replaced by a Democratic Speaker.[10]
2015 motion
In 2015, Representative Mark Meadows filed a motion to vacate the speakership of John Boehner. Since the motion was not introduced on the floor, it was non-privileged[12][13] and was referred to the Rules Committee instead of being subject to an immediate vote by the full House.[13] Although the proposal was never voted upon, it still contributed to Boehner's decision to resign in September 2015.[14]
2023 motion
On October 2, 2023, representative Matt Gaetz filed a motion to vacate the office of Speaker, then held by Kevin McCarthy, after McCarthy negotiated with Democrats to pass a spending bill that averted a government shutdown.[15] The following day, a proposal to table (kill) the motion to vacate failed by a vote of 218—208, while the motion itself passed by a vote of 216—210. This was the first ever instance of the House of Representatives voting to vacate the office of its Speaker.
See also
References
- ^ Robert, Henry M.; et al. (2011). Robert's Rules of Order Newly Revised (11th ed.). Philadelphia, PA: Da Capo Press. pp. 651–652. ISBN 978-0-306-82020-5.
- ^ Robert 2011, p. 652
- ^ "2006-2: Suspend the Rules to Remove President". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Retrieved 2016-02-05.
- ^ "Frequently Asked Questions about RONR (Question 20)". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Archived from the original on 2004-11-12. Retrieved 2016-02-05.
- ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 264
- ^ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 423
- ^ Juana Summers (2015-03-07). "How To Oust A House Speaker (Hint: Don't Even Try)". NPR.org. Retrieved 2015-10-21.
- ^ Hudiburg, Jane Armstrong (June 27, 2019). House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) (Report). Congressional Research Service. p. 4. Retrieved September 17, 2020.
H.Res. 6 amended Rule IX to establish that a resolution declaring a vacancy in the Office of the Speaker will not qualify as a question of the privileges of the House unless it is offered by direction of a party caucus or party conference.
- ^ Clerk of the House (2023-01-10). "Rules of the House of Representatives: One Hundred Eighteenth Congress" (PDF).
- ^ a b Russert, Luke; Johnson, Alex; Moe, Alex (2015-07-28). "Fellow Republican Launches Bid to Oust Boehner as House Speaker". NBC News. Retrieved 2015-10-21.
- ^ Escobar, Molly Cook; Elliott, Kennedy; Levitt, Zach; Murphy, John-Michael; Parlapiano, Alicia; Reinhard, Scott; Shorey, Rachel; Wu, Ashley; Yourish, Karen (2023-10-03). "Vote Count: House Removes McCarthy as Speaker". The New York Times. ISSN 0362-4331. Retrieved 2023-10-03.
- ^ Mike DeBonis (2015-07-28). "GOP congressman launches bid to oust John Boehner as House speaker". The Washington Post. Retrieved 2015-10-21.
- ^ a b Daniel Newhauser (2015-07-28). "Mark Meadows Tries to Boot Boehner From Speakership". Retrieved 2015-10-21.
- ^ Russell Berman (2015-09-25). "The Resignation of John Boehner". The Atlantic. Retrieved 2015-10-21.
- ^ Edmondson, Catie (October 2, 2023). "Gaetz Moves to Oust McCarthy, Threatening His Grip on the Speakership". The New York Times. Retrieved October 2, 2023.