Renew! Reconsider!
But Which One and When? By Lorenzo R. Cuesta, PRP
Premise: RONR firmly states the following: “substantially the same question cannot be brought up a second time during the same session…” RONR (12th ed.) 8:15; 10:26(3); 38:1-3. Once a vote has been taken, the question (motion) has been disposed of and the assembly must move on to the next question. However, RONR also allows for the renewal or the reconsideration of the vote of certain motions. These two parliamentary concepts may bring back a question a second time during the same session, appearing to contradict the opening quotation. Furthermore, certain motions have their own dedicated counter motions to bring back the main motion a second time during the same session e.g., Take from Table, Rescind, Amend Something Previously Adopted, Discharge a Committee, Reconsider the Vote. My objective: I shall not discuss how to bring back the main motion, but rather how to bring back the secondary motions, especially the privileged, subsidiary, and incidental motions. I have noticed that experienced presiding officers often misapply the concept of (1) Renew and (2) Reconsider the Vote. In order to decide which parliamentary concept 16
National Parliamentarian • Fall 2023
is proper, one must understand the before and the after characteristics of the motion one wishes to bring back to the assembly. How is the first instance of the motion different from the second instance? Under RONR, testing for “same question” refers to differences between the two instances caused by any change in the wording; or by material amendments; or by sufficient amendments; or by any passage of time; or by material progress in business or debate; or by disposing of the intervening motion. Sometimes an assembly misleads itself and complicates the introduction of the second instance of the motion. For example, if a motion to take action is lost, the assembly may believe that the assembly has adopted a motion prohibiting the action. In reality a lost motion is merely a decision not to grant authority to take that specific action during that session. That limiting of authority is the challenge faced by attempts at renewal and reconsideration by the assembly. And yet under certain conditions, many motions may be brought back during the same session by Renewal or Reconsider the Vote, but under very specific conditions, and only one method would be proper.
