Record Voting in the House of Representatives: Issues and Options

Summary

Record voting in the House of Representatives appears to be a straightforward process but is an activity steeped in parliamentary complexity. While this report analyzes the evolution of voting beginning with the Legislative Reorganization Act of 1970 (LRA), some House rules related to voting have existed since the First Congress. The House has had nearly 220 years of experience with voting that manifests itself in precedents relevant today.

The LRA contained two major departures related to record voting. First, it authorized development of an electronic voting system. Second, it allowed record votes in the Committee of the Whole House on the state of the Union, the form in which the House usually operates to consider amendments to legislation.

Since the LRA’s enactment, there have been notable developments in record voting procedures in the House. In general, the House through rules changes and precedents has limited votes that might be viewed as dilatory rather than substantive, and has expanded opportunities for votes that might be viewed as substantive. Changes in rules have also authorized the presiding officer to postpone and cluster votes and to reduce voting time to five minutes; largely ended pairing; and allowed Delegates and the Resident Commissioner to vote in the Committee of the Whole. Policy announcements by the Speaker and rulings by presiding officers have ended the correction of Members’ votes; sought to limit the duration of votes; and dictated the manner by which Members may change a vote once cast.

Controversies have arisen on occasion. Some were related to the use of the electronic voting system, some to Members being able to cast or change a vote after the 15-minute minimum voting-time had expired. Others were related to a perception that a vote had been “held open” beyond a reasonable amount of time. Only a very few controversies have resulted in an investigation. The Standards of Official Conduct Committee has made three investigations. A select committee is currently investigating the manner by which a vote was ended.

Should the House wish to address rules, precedents, or practices, or the sources of particular controversies, it has a number of possible vehicles and potential options. Vehicles include House and party rules, the Speaker’s policies, and administrative policies. Changes might be made to the electronic voting system, operations on the Speaker’s dais, Members’ ability to vote after the 15-minute minimum, and other aspects of voting in the House.

Complementary analyses to this report may be found in CRS Report RL34366, Electronic Voting System in the House of Representatives: History and Evolution, by Jacob R. Straus, and CRS Report 98-396, Guide to Individuals Seated on the House Dais, by Valerie Heitshusen. See also supplementary information at the CRS Congressional Processes website, http://www.crs.gov/products/guides/guidehome.shtml. This report will be updated after the Select Committee to Investigate the Voting Irregularities of August 2, 2007 issues its final report.