|
California,as another example,resolutions or orders for the payment of Now,exactly how does a member cast an"abstention"vote?
<br />money and all ordinances require a recorded vote of the total members Any time a member votes"abstain"or says,"I abstain,"that is an
<br />of the city council.(California Government Code Section 36936.)Cities abstention.However,if a member votes"present"that is also treated
<br />with charters may prescribe their own vote requirements.Local elected as an abstention(the member is essentially saying,"Count me for
<br />officials are always well-advised to consult with their local agency purposes of a quorum,but my vote on the issue is abstain.")In fact,
<br />counsel on how state law may affect the vote count.any manifestation of intention not to vote either"yes"or"no"on
<br />After consulting state statutes,step number two is to check the rules
<br />the pending motion may be treated by the chair as an abstention.If
<br />of the body.If the rules of the body say that you count votes of"those
<br />written ballots are cast,a blank or unreadable ballot is counted as an
<br />present"then you treat abstentions one way.However,if the rules of
<br />abstention as well.
<br />the body say that you count the votes of those"present and voting," Can a member vote"absent"or"count me as absent?"Interesting
<br />then you treat abstentions a different way.And if the rules of the question.The ruling on this is up to the chair.The better approach is
<br />body are silent on the subject,then the general rule of thumb(and for the chair to count this as if the member had left his/her chair and
<br />default rule)is that you count all votes that are"present and voting." is actually"absent."That,of course,affects the quorum.However,the
<br />chair may also treat this as a vote to abstain,particularly if the personAccordingly,under the"present and voting"system,you would NOT
<br />count abstention votes on the motion.Members who abstain are
<br />does not actually leave the dais.
<br />counted for purposes of determining quorum(they are"present"),
<br />but you treat the abstention votes on the motion as if they did not The Motion to Reconsider
<br />exist(they are not"voting").On the other hand,if the rules of the There is a special and unique motion that requires a bit of
<br />body specifically say that you count votes of those"present"then you explanation all by itself;the motion to reconsider.A tenet of
<br />DO count abstention votes both in establishing the quorum and on parliamentary procedure is finality.After vigorous discussion,debate
<br />the motion.In this event,the abstention votes act just like"no"votes. and a vote,there must be some closure to the issue.And so,after a
<br />How does this work in practice? vote is taken,the matter is deemed closed,subject only to reopening
<br />Here are a few examples.
<br />if a proper motion to consider is made and passed.
<br />Assume that a five-member city council is voting on a motion that A motion to reconsider requires a majority vote to pass like other
<br />requires a simple majority vote to pass,and assume further that the garden-variety motions,but there are two special rules that apply
<br />body has no specific rule on counting votes.Accordingly,the default only to the motion to reconsider.
<br />rule kicks in and we count all votes of members that are"present and First,is the matter of timing.A motion to reconsider must be made
<br />voting."If the vote on the motion is 3-2,the motion passes.If the at the meeting where the item was first voted upon.A motion to
<br />motion is 2-2 with one abstention,the motion fails. reconsider made at a later time is untimely.(The body,however,can
<br />Assume a five-member city council voting on a motion that requires always vote to suspend the rules and,by a two-thirds majority,allow
<br />a two-thirds majority vote to pass,and further assume that the body a motion to reconsider to be made at another time.)
<br />has no specific rule on counting votes.Again,the default rule applies. Second,a motion to reconsider may be made only by certain
<br />If the vote is 3-2,the motion fails for lack of a two-thirds majority.If members of the body.Accordingly,a motion to reconsider may be
<br />the vote is 4-1,the motion passes with a clear two-thirds majority.A made only by a member who voted in the majority on the original
<br />vote of three"yes,"one"no"and one"abstain"also results in passage motion.If such a member has a change of heart,he or she may
<br />of the motion.Once again,the abstention is counted only for the make the motion to reconsider(any other member of the body
<br />purpose of determining quorum,but on the actual vote on the including a member who voted in the minority on the original
<br />motion,it is as if the abstention vote never existed—so an effective motion—may second the motion).If a member who voted in the
<br />3-1 vote is clearly a two-thirds majority vote. minority seeks to make the motion to reconsider,it must be ruled
<br />Now,change the scenario slightly.Assume the same five-member out of order.The purpose of this rule is finality.If a member of
<br />city council voting on a motion that requires a two-thirds majority minority could make a motion to reconsider,then the item could be
<br />vote to pass,but now assume that the body DOES have a specific rule brought back to the body again and again,which would defeat the
<br />requiring a two-thirds vote of members"present."Under this specific purpose of finality.
<br />rule,we must count the members present not only for quorum but If the motion to reconsider passes,then the original matter is back
<br />also for the motion.In this scenario,any abstention has the same before the body,and a new original motion is in order.The matter may
<br />force and effect as if it were a"no"vote.Accordingly,if the votes were be discussed and debated as if it were on the floor for the first time.
<br />three"yes,"one"no"and one"abstain,"then the motion fails.The
<br />abstention in this case is treated like a"no"vote and effective vote of
<br />3-2 is not enough to pass two-thirds majority muster.
<br />6
|