Reconsider

__NOTOC__Reconsider, in parliamentary law, is a motion to bring back for further consideration a motion that has already been voted on. The motion originated in the United States. [cite parl|title=RONR|edition=10th|pages=304]

Explanation and Use

infobox motion
name = Reconsider (RONR)
class = B
inorder = When another "has been assigned" the floor, but not after he has begun to speak
seconded = Yes
debatable = If motion to be reconsidered is debatable, in which case debate can go into that question
amendable = No
voterequired = Majority
reconsidered = No

Robert's Rules of Order Newly Revised (RONR)

The motion to reconsider may only be made within a limited time after the action on the original motion -- usually at the same meeting, or in the case of a multi-day session or convention, on the next day within the session or convention in which business is conducted. [cite parl|title=ronr |pages=305] Until the motion to reconsider is disposed of, or lapses, the effect of the original vote is suspended and no action may be taken to implement it. [cite parl|title=ronr |pages=310] This is in contrast to the motion to rescind, which may be made at any later meeting, but until passed, has no effect on the original decision.

Under Robert's Rules of Order and some other authorities, the motion to reconsider may be made only by a member who voted on the prevailing side in the original vote. [cite parl|title=ronr |pages=304-305] If another member disputes an assertion by the maker of the motion to reconsider that he voted on the prevailing side, the member moving to reconsider is given the benefit of the doubt, unless his account is contradicted by the record of a roll call vote. [cite parl|title=DEM|pages=229] The Standard Code of Parliamentary Procedure, however, permits the motion to be made by any member, explaining that this removes the incentive for a member to "switch sides" in order to be eligible to move for reconsideration, and also preserves the secrecy of a ballot vote. [cite parl|title=TSC|pages=40-41,236]

Under Robert's Rules, the motion to reconsider is debatable to the extent that the motion being reconsidered is debatable. [cite parl|title=ronr |pages=309] Under the Standard Code, the motion is debatable only as to the reasons for reconsideration, and the original motion is opened for debate only if the motion for reconsideration passes. [cite parl|title=tsc|pages=42,236]

The making of the motion to reconsider takes precedence over all other motions and yields to nothing. It is not, however, considered at the time it is made if other business is pending, and the timing of its consideration depends on the ranking of the motion that led to the vote to be reconsidered. [cite parl|title=ronr |pages=306-307]

A special form of reconsider is the motion to reconsider and enter on the minutes, whose intended use is to prevent a temporary minority from taking action that would be opposed by the majority. [cite parl|title=ronr |pages=323] This motion cannot be called up on the day that it is made. Demeter's Manual, but not The Standard Code of Parliamentary Procedure, also support the use of this form of the motion.

The Standard Code of Parliamentary Procedure (TSC)

The "Standard Code", the second-leading parliamentary authority in the United States after Robert's Rules of Order, treats this motion differently in a number of ways. In addition to the differences noted earlier:
*Only votes on main motions may be reconsidered; under Robert's, votes on a variety of secondary (subsidiary, incidental and privileged) motions may be reconsidered. Under TSC, the chair has discretion (subject to appeal and reversal by the assembly) to permit renewal of secondary motions, which replaces the function of the motion for reconsideration regarding these motions. [cite parl|title=tsc|pages=39, 236]
*If made while other business is pending, the motion to reconsider is taken up as soon as the other business is disposed of; under Robert's, if the motion to reconsider is made at a time when it cannot be considered immediately, the motion must be "called up" by a member, and if not called up before the close of the next meeting (if held within a quarterly time interval), the motion for reconsideration lapses. [cite parl |title=tsc |pages=39-40]
*The special form under Robert's, Reconsider and Enter on the Minutes, is omitted and expressly disapproved under TSC. [cite parl|title=tsc|pages=237] Instead, a successful main motion may be subject to a motion to rescind at a later meeting, and an unsuccessful main motion may be renewed.

Other Authorities

Under RONR, Demeter, and Riddick, the making of the motion to reconsider suspends all action that depends on the result of the vote proposed to be reconsidered. If reconsideration is moved at a time that the initial motion would be in order, then the motion is taken up immediately. Otherwise, it can be called up later by a member announcing, "I call up the motion to reconsider the vote on the motion..." The making of the motion to reconsider and the taking up of the motion need not take place at the same meeting. [cite parl|title=ronr |pages=310-311]

Legislative Use

In American legislative bodies, there is a strong tradition of affirming the right to reconsider with almost no restrictions. "Mason's Legislative Manual" notes: [cite parl|title=MAS|pages=299-300] However, reconsideration is typically not allowed if another motion (e.g. to take from the table) would accomplish the result more directly (e.g. than reconsidering the motion to lay on the table). It is also not possible to reconsider if, for instance, vested rights have been acquired as a result of the action, or the subject is otherwise beyond the control or out of reach of the body taking the original action. [cite parl|title=mas|pages=301] Mason's Manual states further: [cite parl|title=mas|pages=310]
California Senate Rule No. 43 and New York Senate Rule No. 30 provide that any member can make the motion to reconsider, not just someone who voted on the prevailing side.

Mason's Manual permits a member to give notice of the motion to reconsider. [cite parl|title=mas|pages=465]

In the U.S. House of Representatives, following a vote, the Speaker typically announces that, "without objection, a motion to reconsider is laid on the table." [ [http://thomas.loc.gov/home/votes/reconsider.html Motion to Reconsider ] ] Although no motion to reconsider (or to table) have actually been made, the making of this statement (unless there is objection) precludes the making of a future motion for reconsideration and makes the vote final.

References