Voting and Quorum Procedures in the Senate

Betsy Palmer
Analyst on Congress and the Legislative Process

The Constitution states that "a Majority of each [House] shall constitute a quorum to do business.... " The Senate presumes that it is complying with this requirement and that a quorum always is present unless and until the absence of a quorum is suggested or demonstrated. This presumption allows the Senate to conduct its business on the floor with fewer than 51 Senators present until a Senator "suggests the absence of a quorum." 

When the absence of a quorum is suggested, the presiding officer directs the clerk to call the roll. Except when the Senate has invoked cloture, the presiding officer may not count to determine if a quorum is present. The Senate cannot resume its business until a majority of Senators respond to the quorum call or unless, by unanimous consent, "further proceedings under the quorum call are dispensed with" before the last Senator's name has been called. If a quorum fails to respond, the Senate may adjourn or take steps necessary to secure the attendance of enough Senators to constitute a quorum. Usually, the Senate will then have a roll call vote on agreeing to a motion that instructs the sergeant at arms to request the attendance of absent Senators. The results of that vote typically establish that a quorum is present, so the sergeant at arms rarely needs to go looking for absent Senators. 

Typically, quorum calls are not used to bring Senators to the floor, but rather as a kind of "time out" while the Senate is in session. Senators "suggest the absence of a quorum" to suspend the Senate's formal floor proceedings temporarily. There are many purposes for such quorum calls. For example, they can be used to permit informal discussions that are intended to resolve a policy disagreement or procedural problem, or to allow a Senator to reach the floor in order to make a speech or begin consideration of a bill. When a quorum call is used for such a purpose, it usually is ended by unanimous consent before the call of the roll has been completed. 

The Constitution also provides that "the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those present, be entered on the Journal." Any Senator who has been recognized may "ask for the yeas and nays" on whatever question the Senate is considering. If the yeas and nays are ordered at the request of at least 11 Senators (one-fifth of the minimum quorum of 51), that determines the manner in which the vote will be conducted. The timing of the vote is not determined by this request. A Senator may offer an amendment and immediately ask for the yeas and nays, even if the vote is not expected to take place until hours or days later. 

If the yeas and nays are not ordered, the Senate votes on questions by voice vote. Alternatively, if the presiding officer believes that the outcome is not in doubt, he or she may say that, "without objection, the amendment (or motion, etc.) is agreed to." If any Senator does object, a formal vote ensues. .


Date of Report: June 8, 2010
Number of Pages: 12
Order Number: 96-452
Price: $29.95

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