Renew! Reconsider! But Which One and When?

By Lorenzo R. Cuesta, PRP

“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 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 .

Let us examine some motions and try to understand under what conditions which method of bringing back a motion would be proper a second time during the same session .

Motion

RONR (12th ed.)

1 . Reconsider 37:9(8)

Renew: Can be renewed by unanimous consent .

Reconsider: Cannot be reconsidered twice unless it was materially amended during its first reconsideration .

2

. Discharge a Committee 36:4(8)

Renew: Only if the date of reporting is different, 36:4(6) or if instead of being discharged, the committee is instructed to report .

Reconsider: A negative vote may be reconsidered, but not an affirmative vote .

3 . Rescind; Amend Something Previously Adopted 35:2(8)

Renew: Only if amended sufficiently . 38:5(4)

Reconsider: A negative vote may be reconsidered, but not an affirmative vote .

4 . Take from the Table 34:2(8)

Renew: Can be renewed each time that any business 38:7(2) has been transacted .

Reconsider: Cannot be reconsidered .

5

. Polls 30:3(8)

Renew: If polls have been closed, a motion to reopen 38:7(5) can be renewed . If the polls have been opened, a motion to close can be renewed, once progress in voting has made it a new question .

Reconsider: If an order to close or reopen the polls at a specific time has not been executed, a motion to close or reopen the polls may be reconsidered . Otherwise, neither a vote to close the polls nor an affirmative vote to reopen the polls can be considered .

6 . Consider by Paragraph or Seriatim 28:2(8)

Renew: Permitted if progress in business or debate results in a new need .

Reconsider: Cannot be reconsidered .

7 . Division of a Question 27:3(8)

Renew: Cannot be renewed, unless it proposes to 38:5(5) divide the question in substantially a different way .

Reconsider: Cannot be reconsidered .

8 . Suspend the Rules 25:2(8)

Renew: Cannot be renewed except by unanimous 38:6(1) consent . Additionally, since the passage of time may 25:6 make Suspend the Rules a new question, it can be renewed at another meeting even on the same day . Reconsider: Cannot be reconsidered .

9 . Point of Order 23:2(8)

Renew: Cannot be renewed if the chair has been 38:5(6) sustained on an appeal .

Reconsider: The chair’s ruling cannot be reconsidered . If the chair’s ruling is submitted to the assembly, the assembly’s vote may be reconsidered .

10

. Fix the Time to Which to Adjourn 22:6(8)

Renew: No . However, the motion to Fix the Time 38:6(2) may be renewed for an earlier time . At that earlier adjourned meeting, the originally defeated motion to Fix the Time may be renewed .

Reconsider: Yes .

11 . Adjourn 21:6(8)

Renew: Permitted if progress in business or debate 21:13 results in a new question . 38:7(4)

Reconsider: Cannot be reconsidered .

12 . Recess 20:5(8)

Renew: Permitted if progress in business or debate 38:7(4) results in a new question .

Reconsider: Cannot be reconsidered .

13

14

Renew: Cannot be renewed if the chair has been 38:5(6) sustained on an appeal .

Reconsider: The chair’s ruling cannot be reconsidered .

Renew: Can be renewed after disposal of the 38:7(3) business that was taken up when the assembly refused to proceed to the orders of the day .

Reconsider: Cannot be reconsidered .

15

. 38:7(1)

Reconsider: Affirmative vote cannot be reconsidered .

Take from Table would be proper . Negative vote can be reconsidered unless conditions for Renew exist .

16 a new question .

Reconsider: Affirmative vote before any vote taken . Negative vote can be reconsidered unless conditions for Renew exist .

17

18 in a new question . a new question .

Reconsider: Affirmative vote before order to limit or extend debate is exhausted . Negative vote can be reconsider .

Reconsider: Affirmative vote can be reconsidered . Negative vote can be reconsidered unless conditions for Renew exist .

Motion

19 . Commit or Refer

RONR (12th ed.)

13:7(8)

Renew: Permitted if progress in business or debate 38:7(1) results in a new question .

Reconsider: Affirmative vote can be reconsidered if the committee has not begun reconsideration . After that point, one must use the motion to Discharge the Committee . Negative vote can be reconsidered unless conditions for Renew exist .

20 . Amend

12:7(8)

Renew: Only if a change in the wording or 38:5(1) circumstances presents substantially a new question .

Reconsider: Both affirmative and negative votes may be reconsidered .

21 . Postpone Indefinitely 11:2(8)

Renew: No . 38:5(2)

Reconsider: Affirmative vote can be reconsidered . Negative vote cannot be reconsidered .

Conclusion:

During the same session, an assembly may introduce most lost motions by simply avoiding the “same question” objection that may be appealed by those who defeated the initial motion . Adherence to the details listed above will render a favorable ruling by the chair .

Additionally, a superficially visible pattern indicates that if renewal of the lost motion is prohibited, Reconsider the Vote tends to be permissible, and vice versa! RONR is flexible enough so that the rule that prohibits the introduction of “the same question in the same session” is not an obstacle to an assembly’s aspiration of getting business accomplished in a legal and efficient manner . NP

Lorenzo R Cuesta, PRP, is a past president of the California State Association of Parliamentarians. He has served as a parliamentarian for boards, conventions, and annual meetings in and beyond California for more than 20 years. He is a frequent contributor to the National Parliamentarian and an annual workshop presenter at NAP conventions and training conferences.

(http://www.roberts-rules.com, parliam@roberts-rules.com)