Reconsider and Rescind: What Are the Actions Needed? Cynthia R. Mayo, PRP and Margie R. Booker, PRP

Reconsider and Rescind: What Are the Actions Needed?

By Cynthia R. Mayo, PRP and Margie R. Booker, PRP

Organizations sometimes make decisions too hastily, there is a lack of research based on the wishes of a few influential members, or new information becomes available that impacts the decision. Once the organization realizes that the action would not be in the best interests of the organization, some will ask, “How can we change this action?” There are several ways the action can be changed, provided the action has not been started and/or completed.

Several parliamentary processes can be adopted: Rescind, Reconsider, or Amend Something Previously Adopted. How can this be done?

Reconsider

Reconsider is a technique that can be used within a limited time period and without notice to bring back for further consideration a motion which has already been voted on. Its purpose is to reconsider a decision that may have been hasty, ill-advised, or the action was incorrect. New information may have also been obtained that causes a need to reconsider. This motion has key characteristics that are useful and provide protection against abuse and other incorrect procedures.

Unique characteristics

• Can be made only by a member who voted with the prevailing side. That is, if a member voted “yes” if the motion was adopted, or “no” if the motion was lost, the member can move to reconsider the motion.

Can be made subject to time limits, which means that in an ordinary meeting of an organization, or a one-day convention, the motion to reconsider can be made on the same day the vote to be reconsidered was taken. If a convention or session lasts more than one day, reconsider can be moved only on the same day the original vote was taken or on the next succeeding day within the session in which a business meeting is held. The time limits do not apply to standing or special committees. The motion can be made and seconded when it is not time for it to come before the assembly for debate or vote. This means it can be taken up later, even after it would be too late to move it in the first place. “If it is made when it cannot be taken up, the chair does not state the question, but asks the secretary to record the motion as made and seconded. This suspends any action growing out of the vote it is proposed to reconsider. While a motion to reconsider the vote on the main motion has this status, a member can bring the motion before the assembly at any time when its consideration is in order.” RONR (11th ed.), p. 317.

Standard Descriptive characteristics

The characteristics of Reconsider include the following: • Making the motion to reconsider takes precedence over any motion whatsoever and yields to nothing;

Reconsider has only the same rank as that of the motion to be reconsidered, although it has the right-of-way in precedence to any new motion of equal rank until the motion has been stated by the chair as pending;

Reconsider can be applied to the vote on any motion except a motion which can be renewed. A negative vote on a motion at the time a reconsider motion is made would not be in order because it may conflict with a motion previously adopted, or one that may conflict with a motion which has been temporarily, but finally disposed of, which remains within the control of the assembly, or it may be in conflict with a pending motion if the motion was adopted;

The motion to reconsider is in order when another person has been assigned the floor, but has not started to speak;

It must be seconded when made;

It is debatable if it applies to a debatable motion;

It is not amendable;

It requires a majority vote, regardless of the vote necessary to adopt the motion to be reconsidered.

It cannot be reconsidered if the vote is lost, however the vote to reconsider can be renewed by unanimous consent. But, no question can be considered twice unless it is materially amended during its first consideration. RONR (11th ed.), pp. 320-321.

Reconsider: other considerations

The impact of making a motion to reconsider means the suspension of all actions that it depends on. The action adopted cannot be started and completed, until the reconsider motion is dealt with.

If a motion has been previously rejected, it is not in order to reconsider it. An example of this is if a motion was made to use funds for a special project and the motion was lost, and a motion was made and passed to use that same money for another project, no motion can be made to reconsider it on the original project.

Taking Up the Motion to Reconsider at the Time it is Made

If a motion is made to reconsider and is in order, the chair immediately states the questions as pending. The motion requires a second and is debatable if the motion proposed to be reconsidered is debatable. All members have the right to debate, even if a member exhausted his right to debate in the original consideration and the motion to reconsider is taken up the same day.

calling Up the Motion to Reconsider

When a motion to reconsider is made and cannot be taken at that time, then it must be called up and acted upon during any regular or special called meeting for that purpose. Any member may call up reconsider, but usually the maker of the motion calls it up on the day the motion is made. In cases where the session is to last beyond the day and there is no need for

immediate action, the member states, “Mr. President, I call up the motion to reconsider the vote on the motion.” A second is not needed.

Duty of the chair When Failure to call Up The Motion May Do Harm

If a motion to reconsider is not called up and may do harm, the chair has the duty to point out the situation to the assembly, especially if the society meets within a quarterly time interval and the vote to reconsider has to do with something that can only be done before the next meeting. If the present meeting adjourns without taking up the motion to reconsider, it would be killed unless an adjourned meeting or special meeting were held to consider it.

Reconsideration of Subsidiary, Privileged, and incidental Motions

Special instructions for the motion to reconsider must be followed depending on the main question and the rank of the question. See RONR (11th ed.), pp. 327-328 for details. The process remains for subsidiary, incidental and secondary motions. The person making the motion must have voted on the prevailing side in the original vote.

Reconsideration in Standing and Special committees

A motion to reconsider a vote proposed in a committee can be made and taken up at any time regardless of the time that has elapsed. The maker of the motion must have voted on the prevailing side. A two-thirds vote is required if members of the committee did not receive notification. A vote cannot be reconsidered in a Committee of the Whole. See Form and Example, RONR (11th ed.), p. 330.

Rescind or Amend Something Previously Adopted

Rescind or Amend Something Previously Adopted is an incidental main motion. This action brings business before the assembly by its introduction and when it is voted on, business ceases to be pending.

It refers to motions which have already been voted on, where the vote was an affirmative vote and proposes a specific change. The motion to reconsider can be applied to a vote that was either affirmative or negative within a limited time after the vote is taken and proposes no specific changes in a decision, but proposes that the original question be reopened.

On the other hand, Rescind or Amend Something Previously Adopted is a motion by which a previous action or order can be canceled. The effect of Rescind is to strike out an entire main motion, resolution, order, or rule that has been adopted. Amend Something Previously Adopted is a motion that can be used if it is desired to change only a portion of the motion or substitute a different version.

Standard characteristics Rescind or Amend Something Previously Adopted

• Takes precedence over nothing and can only be moved when no other business is pending. Previous notice of intent can be given while another question is pending if it does not interrupt the speaker.

Can be applied to any bylaw, rule, policy decision, or choice.

Is out of order when another has the floor.

Must be seconded. Is debatable. Is amendable by the process of primary and secondary motions. The vote required depends on the type of motion. In an assembly, except when applied to a constitution, bylaws, or special rules of order, it requires a two-thirds vote. Others require a majority vote when notice of intent to make the motion has been given with previous notice or a vote of a majority of the entire membership. The same action is required for the assembly to rescind or amend an action taken by subordinate bodies, such as executive boards, empowered to act for the assembly. A negative vote can be reconsidered.

Further Rules

All members have the right to make a motion to Rescind or to Amend Something Previously Adopted.

No amendment is in order that is beyond the scope of the notice.

in Summary

Reconsider, and Rescind and Amend Something Previously Adopted, are motions that can be used in the democratic process of conducting meetings. Specific characteristics are required in order to meet the criteria of parliamentary procedure. Some key issues include: Reconsider must be considered within certain time limits and it must be made by a member on the prevailing side. A second is required, a majority vote is required, it is debatable, and it is not amendable.

On the other hand, Rescind or Amend Something Previously Adopted is a motion by which a previous action or order can be canceled. The effect of Rescind is to strike out an entire main motion, resolution, order, or rule that has been adopted. Amend Something Previously Adopted is a motion that can be used if it is desired to change only a portion of the motion or substitute a different version.

WoRkS ciTED

Robert, Henry M., Robert’s Rules of Order Newly Revised, 11th Edition. Eds. Sarah Corbin Robert, et. al., Philadelphia: DaCapo Press, 2011. pp. 320-321.

cynthia R. Mayo, PhD, PRP, has been a member of NAP since 1990. She has conducted many workshops related to parliamentary procedure. She has also published articles in the National Parliamentarian. She is a past president of the Virginia State Association of Parliamentarians (VSAP) and currently serves as the treasurer.

Margie R. Booker, PRP, has been a member of NAP since 2005. She has conducted workshops at the NAP Conventions and the Virginia State Association of Parliamentarians. She is the immediate past president of the Virginia State Association of parliamentarians (VSAP).