Casting vote

Last updated

A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock.

Contents

Examples of presiding officers who hold casting votes are the speaker of the House of Commons in the United Kingdom and the president of the United States Senate (an ex-officio role of the vice president of the United States).

Use within a legislative body

In some legislatures, a casting vote may be exercised however the presiding officer wishes. For example, the vice president of the United States may exercise their casting vote when the Senate is evenly divided according to their own personal beliefs; by virtue of the vice president's political leanings and affiliations, the vice president's political party is able to serve as the majority party in the Senate and elect one of their own to serve as Majority Leader.

In some other legislatures, by contrast, a casting vote can only be exercised according to strict rules or constitutional conventions. For example, the speaker of the British House of Commons (a position whose functions and conventions of operation inspire similar roles in several other nations using the Westminster system) is expected by convention to follow Speaker Denison's rule (i.e., to vote to allow further discussion, if this is possible, and otherwise to vote in favour of the status quo). This in effect means "Yes/Yea/Aye" on the first and second reading of a bill, "No/Nay" on the third, "Yes/Yea/Aye" on the government's budget, and "No/Nay" on a motion of no confidence.

In the United States, the concept of a casting vote is not used in Robert's Rules of Order .

As a rule, it is only British-inspired parliamentary authorities that employ the concept of a "casting vote". Authors differ on whether the chair may vote in other capacities (like by ballot).

The concept of a "casting vote" is found in the UK parliamentary authority Erskine May: "If the numbers in a division are equal, the Speaker must give the casting vote." [1]

Canadian parliamentary authorities reflect the tradition of the casting vote e.g., Bourinot's Rules of Order (1995) "Casting Vote - A single vote (usually the prerogative of the chair) that determines an issue when a vote on the motion has resulted in a tie." (page 14), and the Canadian House of Commons glossery describing the casting vote as "[t]he deciding vote accorded to the Speaker (or, in committee, to the chair) in the event of a tie. The speaker or chair may vote only in order to avoid a deadlock, and traditionally votes so as to maintain the status quo." [2] In this latter example it is interesting to note that the speaker or chair may only vote to break an equality of votes.

Robert's Rules of Order

Under some rules of parliamentary procedure, notably Robert's Rules of Order , the presiding officer does not have a "casting vote" in the way it is normally understood as a duty or option to vote to break a tie.

Robert's Rule of Order Newly Revised (12th Edition, 2020) does not include the concept of a casting vote. In RONR the presiding officer may vote by ballot and vote to break a tie. Quite differently than a casting vote, however, the presiding officer can also vote to cause a tie, defeating the motion (RONR 4:56, 44:12).

On small boards, however, those that are fewer than 12 persons, Robert's Rules empowers the chair to use their rights as members. If a member, not only may the chair debate all questions, but the chair can also vote on all questions: "If the Chairman is a member, he may, without leaving the chair, speak in informal discussions and in debate, and vote on all questions." (RONR 49:21, 7).

Informal discussions and motions may even be initiated by the chair (see footnote 4, 49:21). The chair of either small or large boards may only vote once (44:12), but if the chair of a small board withholds that vote until the mind of the house is known, the chair may vote to break or to cause a tie.

Exceptions

Some legislatures have abandoned the concept of a casting vote.

Australia

Some legislatures have a dual approach; for example, in the Australian Parliament:

  • The speaker of the House of Representatives may not vote in general debates but has a casting vote to decide a tie. Conventionally, the speaker would support further discussion, where possible; allow decisions to be taken only by a majority; and, if the tied vote is on an amendment, leave the bill in its existing form. [3]
  • The president of the Senate usually votes in general debates, which are commonly based on party lines, but the president does not have a casting vote: a tied vote in the Senate defeats a bill.

Canada

The same arrangements as in Australia exist with respect to the speakers of the Canadian House and Senate.

Italy

By convention, in both the Chamber of Deputies and in the Senate, the presiding officer never casts a vote. In the event of a tie, the item put up to a vote is automatically deemed to have been defeated.

New Zealand

The speaker of the New Zealand House of Representatives formerly held a casting vote, similar to that of the speaker of the British House of Commons. Today, the speaker simply votes as an ordinary member; since an outright majority is necessary for a bill to pass, a tied vote defeats a bill.

Philippines

In the Congress of the Philippines, the openly-partisan presiding officers of the two chambers have different rules on a casting vote:

  • In the Senate, the president of the Senate always votes, and always votes last; thus, if the motion is tied, it is lost.
  • In the House, the speaker (or any presiding officer) only votes if there is a tie, otherwise the presiding officer abstains.

United Kingdom

The speaker of the United Kingdom House of Commons has a casting vote, which is conventionally cast in accordance with Speaker Denison's rule.

United States

House of Representatives

The speaker of the United States House of Representatives has the same right to vote as any other member of the House if they are a member of the House of Representatives (which they always have been in practice but need not be per the constitution), but to maintain the appearance of impartiality, typically does not do so unless it would make a difference, which is a de facto casting vote.

Senate

Pursuant to Article I, Section 3, Clause 4 of the United States Constitution, the vice president has a casting vote in the Senate.

General elections

United Kingdom

At one time, in United Kingdom parliamentary elections, the returning officer (if an elector in the constituency) was allowed to give an additional casting vote to decide the election if there was a tie between two or more candidates. An example of this power being used was in the Bandon by-election of 22 July 1831. This type of casting vote does not now exist; after the 1866 Helston by-election, Parliament allowed candidates who tied to both be elected. [4]

Ties in United Kingdom elections are now broken by drawing lots, using a method decided upon by the Returning Officer. [5]

Canada

In the Canadian provinces of Ontario and New Brunswick, the returning officer has a casting vote in the event of a tie.

Ties in Nova Scotia, Prince Edward Island, and the territory of Yukon, are now broken by lots as they are in the United Kingdom currently.

In the remaining provinces and territories, as well as in federal elections, a tie vote results in a by-election held to elect a new member (who need not have been a candidate in the first election).

Other uses

Under UK company legislation, a company whose articles of association before 1 October 2007 included suitable provision, the chair of an annual general meeting of the company may exercise a casting vote. [6]

See also

Related Research Articles

<span class="mw-page-title-main">Cloture</span> Parliamentary procedure forcing a quick end to a debate

Cloture, closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end.

<span class="mw-page-title-main">House of Commons of Canada</span> Lower house of the Parliament of Canada

The House of Commons of Canada is the lower house of the Parliament of Canada. Together with the Crown and the Senate of Canada, they comprise the bicameral legislature of Canada.

President of the Senate is a title often given to the presiding officer of a senate. It corresponds to the speaker in some other assemblies.

<span class="mw-page-title-main">Speaker of the House of Commons (United Kingdom)</span> Presiding officer of the House of Commons

The Speaker of the House of Commons is the presiding officer of the House of Commons, the lower house and primary chamber of the Parliament of the United Kingdom. The current speaker, Lindsay Hoyle, was elected Speaker on 4 November 2019, following the retirement of John Bercow. Hoyle began his first full parliamentary term in the role on 17 December 2019, having been unanimously re-elected after the 2019 general election.

<span class="mw-page-title-main">President of the Australian Senate</span> Presiding officer of the upper house of the Australian Parliament

The president of the Senate is the presiding officer of the Australian Senate, the upper house of the Parliament of Australia. The counterpart in the lower house is the speaker of the House of Representatives. The office of the presidency of the senate was established in 1901 by section 17 of the Constitution of Australia. The primary responsibilities of the office is to oversee senate debates, determine which senators may speak, maintain order and the parliamentary code of conduct during sessions and uphold all rules and orders of the senate. The current president is Sue Lines, who was elected on 26 July 2022.

<span class="mw-page-title-main">Speaker (politics)</span> Presiding officer of a legislative body

The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England.

<span class="mw-page-title-main">Speaker of the House of Commons (Canada)</span> Presiding officer of the House of Commons of Canada

The speaker of the House of Commons is the presiding officer of the lower house of the Parliament of Canada. A member of Parliament (MP), they are elected at the beginning of each new parliament by fellow MPs. The speaker's role in presiding over Canada's House of Commons is similar to that of speakers elsewhere in other countries that use the Westminster system.

<span class="mw-page-title-main">Speaker of the New Zealand House of Representatives</span> Presiding officer of the New Zealand House of Representatives

In New Zealand, the speaker of the House of Representatives, commonly known as the speaker of the House, is the presiding officer and highest authority of the New Zealand House of Representatives. The individual who holds the position is elected by members of the House from among their number in the first session after each general election. They hold one of the highest-ranking offices in New Zealand. The current Speaker is Gerry Brownlee, who was elected on 5 December 2023.

A censure is an expression of strong disapproval or harsh criticism. In parliamentary procedure, it is a debatable main motion that could be adopted by a majority vote. Among the forms that it can take are a stern rebuke by a legislature, a spiritual penalty imposed by a church, or a negative judgment pronounced on a theological proposition. It is usually non-binding, unlike a motion of no confidence.

The speaker of the Senate of Canada is the presiding officer of the Senate of Canada. The speaker represents the Senate at official functions, rules on questions of parliamentary procedure and parliamentary privilege, and presides over debates and voting in the chamber. The office of the speaker is held by Raymonde Gagné who has held the position since May 16, 2023.

<span class="mw-page-title-main">Speaker Denison's rule</span> Parliamentary procedure rule

Speaker Denison's rule is a constitutional convention established by John Evelyn Denison, who was Speaker of the British House of Commons from 1857 to 1872, regarding how the Speaker decides on their casting vote in the event of a tie in the number of votes cast in a division.

<span class="mw-page-title-main">Chair (officer)</span> Leading or presiding officer of an organized group

The chair, also chairman, chairwoman, or chairperson, is the presiding officer of an organized group such as a board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the group or organisation, presides over meetings of the group, and is required to conduct the group's business in an orderly fashion.

The presiding officer of the United States Senate is the person who presides over the United States Senate and is charged with maintaining order and decorum, recognizing members to speak, and interpreting the Senate's rules, practices, and precedents. Senate presiding officer is a role, not an actual office. The actual role is usually performed by one of three officials: the vice president of the United States; an elected United States senator; or, under certain circumstances, the chief justice of the United States. Outside the constitutionally mandated roles, the actual appointment of a person to do the job of presiding over the Senate as a body is governed by Rule I of the Standing Rules.

An ex officio member is a member of a body who is part of it by virtue of holding another office. The term ex officio is Latin, meaning literally 'from the office', and the sense intended is 'by right of office'; its use dates back to the Roman Republic.

<span class="mw-page-title-main">Speaker of the Parliament of Sri Lanka</span> Presiding officer of the Parliament of Sri Lanka

The Speaker of the Parliament of the Democratic Socialist Republic of Sri Lanka is the presiding officer of the chamber. The Speaker fulfills a number of important functions in relation to the operation of the House, which is based upon the British Westminster parliamentary system. The speaker is second in the Sri Lankan presidential line of succession, after the prime minister.

Deliberative assemblies – bodies that use parliamentary procedure to arrive at decisions – use several methods of voting on motions. The regular methods of voting in such bodies are a voice vote, a rising vote, and a show of hands. Additional forms of voting include a recorded vote and balloting.

Debate in parliamentary procedure refers to discussion on the merits of a pending question; that is, whether it should or should not be agreed to. It is also commonly referred to as "discussion".

<span class="mw-page-title-main">President of the Senate of Spain</span> Presiding officer of the Spanish Senate

The president of the Senate is the presiding officer of the Spanish Senate, the upper house of Spain's Cortes Generales. It is the fourth authority of the country after the Monarch, the Prime Minister and the President of the Congress of Deputies. The president is elected among and by the incumbent senators. When the president is unable to exercise power, vice presidents of the Senate exercise the powers of the Senate president.

The President of the New South Wales Legislative Council is the presiding officer of the upper house of the Parliament of New South Wales, the Legislative Council. The presiding officer of the lower house is the speaker of the Legislative Assembly. The role of President has generally been a partisan office, filled by the governing party of the time. As of May 2023, the president is Ben Franklin.

<span class="mw-page-title-main">Sarawak State Legislative Assembly</span> Unicameral legislature of the Malaysian state of Sarawak

The Sarawak State Legislative Assembly is the legislative chamber of the unicameral legislature of the Malaysian state of Sarawak; the Yang di-Pertua Negeri of Sarawak forms the other part of the legislature. The Assembly is modelled after the traditions of the Westminster parliamentary system, which originates from the practices of the British Parliament. The executive branch of government is drawn from the elected members of the Assembly. The State Legislative Assembly sits at the Sarawak State Legislative Assembly Building located in Petra Jaya in Kuching, the state capital.

References

  1. ↑ "Casting vote of Speaker". Erskine May (25th ed.). 2019. Paragraph 20.89. Retrieved 19 December 2023.
  2. ↑ "Glossary of Parliamentary Procedure - ProceduralInfo - House of Commons of Canada". www.ourcommons.ca. casting vote. Retrieved 19 December 2023.
  3. ↑ corporateName=Commonwealth Parliament; address=Parliament House, Canberra. "The Speaker's vote". www.aph.gov.au. Retrieved 7 October 2023.{{cite web}}: CS1 maint: multiple names: authors list (link)
  4. ↑ Frederick Walter Scott Craig (1977). British Parliamentary Election Results 1832-1885. Springer. p. 149. ISBN   9781349023493.
  5. ↑ "General Election 5th May 2005 Briefing Information (application/pdf Object)" (PDF). UK Department of Constitutional Affairs. p. 33. Archived from the original (PDF) on 22 December 2005. Retrieved 20 February 2009.
  6. ↑ UK Legislation, The Companies Act 2006 (Commencement No. 5, Transitional Provisions and Savings) Order 2007, Schedule 5, 2(5), accessed on 24 September 2024
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.