During the special order of business at the 135th Continental Congress, members were told by the presiding officer that leaving the hall would be a forfeiture of their right to vote. Yes, they were free to leave, but could not return during debate. If a member needed to leave to use the restroom, well, she had a decision to make.
It is unclear if this was part of the Standing Rules which said:
“Doors shall be opened as indicated in the Program or by direction of the Presiding Officer.”
Since the 135th Continental Congress, dozens of testimonials have been given by members who experienced this difficult decision. We will link to some of their stories presented in the media below.
To gain clarity on this question, we consulted with Tim Wynn, PRP of Perfect Rules, Inc. asking:
“Are Members Free to Come & Go During a Business Session?”
Mr. Wynn weighs in:
Members of an assembly are free to enter and exit as they please, though there is one notable exception that is based completely in practicality and accuracy (which will be addressed five paragraphs below).
“It is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a regular or properly called meeting, although it should be noted that a member need not be present when the question is put. Exceptions to this rule must be expressly stated in the bylaws.” – RONR (12th ed.) 45:56
This rule is essentially saying that when the vote is taken—that is, in the case of a ballot vote, when the ballots are collected—any member present can vote, whether or not that member was present earlier. However, there is no requirement that the member be present when the motion is actually put by the chair—that is, when the chair officially announces the exact question that is to be voted upon and instructs the assembly regarding the vote. In a ballot vote, the vote itself can take considerable time after the chair puts the question. The rule clearly prescribes that one need not be present for the putting of the question, but may enter (or re-enter) afterward and still vote on the question.
“… the motion to close the polls requires a two-thirds vote.
“If members enter afterward and it is desired to reopen the polls, this can be done by a majority vote.” – RONR (12th ed.) 30:9-10
The provisions immediately above speak to a case where the polls have officially been closed. In such a case, the polls can be reopened to accommodate a member who enters after the polls have been closed. If the member enters while the polls are still open, there is no impediment to his casting a vote.
For comparison, there is a rule regarding the taking of a Counted Rising Vote, which, of course, does not apply to the taking of a vote by ballot. See the following:
“In all but small assemblies, the doors should be closed and no one should enter or leave the hall while a count is being taken.” – RONR (12th ed.) 45:15
This applies only to the taking of a counted rising vote. When a counted rising vote is taken, the chair instructs those in favor of the motion to rise, then the chair (or tellers) count those who are standing for the affirmative vote. This process is then repeated for the negative vote. So, standing is the method each member uses to indicate his vote. Normally, one enters and exits a room also by standing. So, allowing entry and exit provides confusion, especially in larger assemblies, during the counting process, since anyone standing should be counted as casting a vote. This rule does NOT apply to voting by ballot, where standing does not equate to casting a vote. The inclusion of this rule here—for a specific practical purpose—and its omission elsewhere, supports the conclusion that this very specific rule does not apply to the taking of a ballot vote.
Also, it should be understood that the assembly cannot create a rule that would prevent voting delegates from attending the meeting, even by a unanimous vote. Delegates have a right to attend and to vote.
“Rules protecting a basic right of the individual member cannot be suspended. Thus, while generally applicable limits on debate and the making of motions may be imposed by motions such as the Previous Question, the rules may not be suspended so as to deny any particular member the right to attend meetings, make motions or nominations, speak in debate, give previous notice, or vote. These basic rights may be curtailed only through disciplinary proceedings.” – RONR (12th ed.) 25:11
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