Richard, Rob: From

Page 1 of 1
Richard, Rob
From: Lovell, David

Sent: Friday, February 18, 20114:48 PM
To: Richard, Rob
Cc: Rose, Laura
Subject: FW: Quorum and attendance requirements; walkouts
Attachments: quorum-compel attend. doc; walkout IN 305.doc; walkouts. doc; quorum. doc; Attendance rules 2009.doc
Rob,
Laura Rose asked me to send to you what I have shared with Rob Marchant on other states' rules and
experiences with walk outs. Here is the frist set of materials I got from Brenda Erikson, at NCSL.
I will send some more material in a minute -- I'm not sure if it will be in one or two messages.
David
David L. Lovell, Senior Analyst

Wisconsin Legislative Council Staff
608/266-1537
From: Brenda Erickson [mailto:Brenda.Erickson@ncsl.org]

Sent: Friday, February 18, 2011 12:35 PM
To: Lovell, David
Cc: karl kurtz; brian.weberg@ncsl.org; Kae Warnock; 'Morgan Cullen'
Subject: Quorum and attendance requirements; walkouts
David-
As we discussed, attached are:

• Constitutional provisions about quorum (generally)
• Examples of chamber rules on attendance
• Examples of chamber rules on compelling attendance (I will send an update shortly)
• Information about other walkouts.
I will check with my colleagues Kae Warnock and Morgan Cullen to see if they have anything else that
may be helpful.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Brenda Erickson
Program Principal, Legislative Management Program
National Conference of State Legislatures
Denver office
Phone: 303-856-1391
Email: brenda.erickson@ncsl.org
3/8/2011
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7700 East First Place, Denver, CO 80230
phone: 303-364-7700 fax: 303-364-7800
Compelling Attendance When Quorum Is Not Present:

Examples of Chamber Rules
State ChamberlRule Provision

Alabama Senate Rule 1 ... If there be no quorum present, a lesser number may adjourn from day to
day and compel the attendance of absent members, as provided in Rule 37.
Senate Rule 37 No Senator shall absent himself or herself from the service of the Senate for
as long as one day, without leave of the Senate first obtained. In case a lesser
number than a quorum of the Senate shall convene, they are hereby
authorized to send the Doorkeeper or some other person for any or all absent
Senators, as the majority of the Senators present shall agree. The expense of
sending for an absent Senator shall be paid by the absentee, unless an excuse
for non-attendance shall be made, as a quorum of the Senate shall judge
sufficient, In which event, the expense of securing the attendance of such
absent Senator shall be paid out of funds appropriated for the Legislature.
Alaska Uniform Rule 16 (a) A call of the house is used to compel attendance of absent members who
have not been previously excused from a call by a majority vote of the full
membership of the house. The journal shall reflect the names of all members
excused from attendance and such members shall be excused from all roll
calls during such absence. A call of the house may be ordered by one
member. When no quorum is present, the presiding officer of the house may
compel the attendance of individual absent members.
(b) If a quorum is present when a call has been ordered, the house may
continue to conduct business other than the measure under consideration at
the time the call was ordered. However, any member may also order a call of
the house as to any other measure placed before the house for consideration
after the original call has been ordered.
(c) A call is satisfied by arrival of the absent members not previously excused
from the call.
(d) A call is terminated
(1) when the issue upon which the call has been placed has been voted upon
or otherwise resolved;
(2) by withdrawal of the call by the member placing the call; or
(3) by a majority vote of the members present to adjourn.
(e) The presiding officer of the house may direct the sergeant-at-arms to
obtain assistance from the Department of Public Safety to secure the
attendance of any missing member.
State Chamber/Rule Provision
Arizona Senate Rule 10 A. Upon every roll call the names of the members shall be called
alphabetically by the surname, except when two or more have the same
surname, in which case the district designation shall be added; and after the
roll has been once called, the Secretary shall call in their alphabetical order
the names of those not voting or who failed to respond.
B. A majority of the Senators elected shall constitute a quorum.
C. If, at any time during a session of the Senate, a question shall be raised by
any Senator as to the presence of a quorum, the President shall forthwith
direct the Secretary to call the roll and shall announce the result, and these
proceedings shall be without debate.
D. Whenever it shall be ascertained that a quorum is not present a majority of
the Senators present may order a call of the Senate, which order shall be
determined without debate, and pending its execution, and until a quorum
shall be present, no debate or other motion, except to adjourn, shall be in
order. Upon approval of the order to call the Senate, the President shall direct
the Sergeant at Arms to request, and, when necessary, to compel the
attendance of the absent Senators.
E. When a quorum is present, a call of the Senate may be ordered by the
President or by a majority of the members present to compel the attendance of
the absent members. The Sergeant at Arms shall forthwith proceed to bring in
absent members until two-thirds of the members elected to the Senate are
present.
F. When a vote is being taken using the electronic roll call system, the
provisions of Rule 15.1 shall supersede any provision of this rule which is
inconsistent therewith.
House Rule 6 A. Every member shall be present within the Hall ofthe House during its
sitting, unless excused by the Speaker prior to roll call or necessarily
prevented; and shall vote on each question put, unless the member has a
personal financial interest in the question, as set forth in Rule 36, or unless
the member is excused from voting in accordance with Rule 14.
B. Upon every roll call the names of the members shall be called
alphabetically by surnames. When members have the same or similar
surnames, the designation of the district shall be added.
C. The majority of the members elected to the House shall constitute a
quorum to do business; but a smaller number may meet, adjourn from day to
day and compel the attendance of absent members in such manner and under
such penalties as the House may prescribe. The House shall not adjourn for
more than three days between the day of adjournment and the day of
reconvening, nor to any place other than that in which it may be sitting,
without the consent of the Senate (Arizona Constitution, Article IV, Part 2,
Section 9).
D. The purpose of the Call of the House is to compel the attendance of absent
members.
E. A motion or demand for a Call of the House is not debatable or amendable
and may not be laid on the table, postponed, referred to committee or have
other subsidiary motions applied to it.
F. When no quorum is present, a Call of the House takes precedence over all
other motions. Any member may raise the question of no quorum; and if a
quorum is not present, the House must either order a Call of the House, recess
or adjourn. The motion for a Call ofthe House is agreed to by a majority of
those voting, but may not be ordered by less than 10 members including the
Speaker.
2
Arizona, cont'd. House Rule 6, G. When a quorum is present,a Call of the House ranks as a "question of
cont'd. privilege". A Call of the House may be ordered by a majority of the members
voting, provided the minimum number authorized to order a Call of the
House is present.
H. When a Call of the House has been ordered, the doors are closed, the Chief
Clerk calls the roll of members and notes the absentees. The Sergeant at Arms
shall forthwith proceed to bring in absent members until two-thirds of the
members elected to the House are present, and present them at the bar of the
House, whereupon the members shall be noted as present, discharged from
custody, be given an opportunity to vote; and their vote shall be recorded.
California Senate Rule 3 3. No Senator may absent himself or herself from attendance upon the Senate
without first obtaining leave. A lesser number than a quorum of the Senate is
authorized to send the Sergeant at Arms for any and all absent Senators at the
expense ofthe absent Senators, unless an excuse for nonattendance made to
the Senate when a quorum is present shall be judged sufficient, and in that
case the expense shall be paid out of the Senate Operating Fund. The
President pro Tempore or Presiding Officer, or less than a quorum present,
shall have the power to issue process directly to the Sergeant at Arms to
compel the attendance of Senators absent without leave. Any Senator who
refuses to obey that process, unless sick or unable to attend, shall be deemed
guilty of contempt of the Senate, and the Sergeant at Arms shall have power
to use force as may be necessary to compel the attendance of the absent
Senator, and for this purpose he or she may command the force ofthe county,
or of any county in the state.
Colorado Senate Rule 20 (a) Any five Senators may demand a call of the Senate, and require absent
Senators to be sent for; but a call of the Senate cannot be made after
alphabetical roll call has commenced; and the call of the Senate being in
order, the President shall order that the doors of the Senate be closed, and that
no Senator be allowed to leave the Senate chamber until the pending motion
is voted upon, and shall direct the reading clerk to call the roll and note the
absentees; after which the names of the absentees shall be again called, and
those absent shall be sent for and taken into custody by the sergeant-at-arms,
or his assistants, and brought before the bar of the Senate, where, unless
excused by a majority of the Senate present, those for whose absence no
excuse or an insufficient excuse is made shall be reprimanded by the
President for neglect of duty, and filled, respectively, at least to the extent of
the expenses incidental to their apprehension and return. The roll call shall be
entered in the journal unless the call shall be raised before the President
announces the result ofthe roll call.
(b) No more than two calls of the Senate may be made at any particular stage
of any proceeding, except by the unanimous consent of the members present.
(c) A call of the Senate may be raised by a majority vote ofthose members
present in the chambers.
House Rule 18 (a) No member shall absent himself from a session of the House unless he
shall be sick and unable to attend, or unless he shall have secured consent of
the House to be excused from the session. If absent without being sick or
having been excused, the sergeant-at-arms may be sent for him and may take
him into custody and bring him forthwith to the House chamber; and the
expense thereof shall be assessed to such member, and a reprimand, fine, or
other disciplinary measure may be imposed upon him ....
3
Colorado, cont'd. House Rule 19 (a) Ten members may require a call of the House and cause absent members
to be sent for, but a call of the House shall not be moved after voting shall
have commenced.
(b) Whenever a call of the House is properly sustained, the Speaker shall
order the doors of the House chamber to be closed, and no member shall be
permitted to leave the House chamber until the call shall be lifted.
(c) The Speaker shall direct the chief clerk to call the roll and note the names
of those absent; the names of the absentees shall again be called, and those
members who shall not have been excused, or whose excuse is insufficient,
shall be sent for and taken into custody by the sergeant-at-arms, or his
assistants, and brought before the chair, where they shall be reprimanded by
the Speaker for neglect of duty, and filled, respectively, at least the amount of
the expenses incurred in their apprehension and return.
(d) Notwithstanding a call of the House, a motion to adjourn or to take a

recess may be made at any time pursuant to Rule 8.
Delaware House Rule 13 Twenty-one members of the House shall constitute a quorum. The House
shall not convene without a quorum. In the absence of a quorum, the
Sergeant-at-Arms shall notify those members who are absent from the
Chamber, but not from Legislative Hall, that their presence is required. Upon
receiving the notification, the absentee members shall report to the House
Chamber. After a proper interval for such notifications, the Speaker shall
order a roll call of the House to ascertain if a quorum is present.
Georgia Senate Rule 47 (a) The power to compel the attendance of Senators, in order to keep or
secure a quorum, shall be vested in the President, and to this end he may have
the doors of the Senate closed. When the doors are so closed, no Senator
shall be allowed to retire from the Senate without first obtaining leave from
the Senate.
(b) The Sergeant at Arms of the Senate on order of the President may arrest
any absentees and bring them before the Senate when necessary to secure a
quorum as aforesaid.
Senate Rule 48 Whenever the result of a vote taken shall disclose the fact that no quorum of
the Senate is present, or when the President shall officially state the fact to the
Senate, it shall be in order for any Senator to make a motion for the call of the
Senate. When such motion is made, the President shall state the question as
follows: "Shall the motion for the call ofthe Senate prevail?" and if five of
the Senators present shall vote in the affirmative, the President shall order the
Secretary to call the roll of Senators, and the absentees shall be noted. The
doors shall then be closed, after which the names of the absentees shall again
be called. Those who do not appear, and who are absent without leave, may,
by order of the majority of the Senators present, be sent for and arrested
wherever they maybe found by officers to be appointed by the Sergeant at
Arms for that purpose, and their attendance secured, and the Senate shall
determine upon what conditions they shall be discharged.
House Rule 43 The power to compel the attendance of members, in order to keep or secure a
quorum, shall be vested in the Speaker. The Speaker may have the doors of
the House closed and when the doors are closed, no member shall be allowed
to retire from the House without first obtaining leave from the Speaker.
The messenger, doorkeeper, and sergeant-at-arms of the House, on order of

the Speaker, may arrest any absentees and bring them before the House when
necessary to secure a quorum.
4
Georgia, cont'd. House Rule 44 Whenever the result of a vote taken shall disclose the fact that no quorum of
the House is present or when the Speaker shall officially state the fact to the
House, it shall be in order for any member to make a motion for the call of
the House. When such motion is made, the Speaker shall state the question as
follows: "Shall the motion for the call of the House prevail?" If one-fifth 0 f
the members present shall vote in the affirmative, the Speaker shall order the
Clerk to call the roll of members and the absentees shall be noted. The doors
shall then be closed, after which the names of the absentees shall again be
called. By order of the majority of the members present, those who do not
appear and who are absent without leave may be sent for and arrested
wherever they may be found by the messenger, doorkeeper, or sergeant-at-
arms, and their attendance secured. The House shall determine upon what
conditions they shall be discharged.
Hawaii Senate Rule 34 For the transaction of business, a majority of the number of members to
which the Senate is entitled shall constitute a quorum, of which quorum a
majority vote shall suffice, but the final passage of a bill shall require the vote
of the majority of the members of the Senate. A smaller number than a
quorum may adjourn from day to day and compel the attendance of absent
members. For the purpose of compelling the attendance of absent members, a
majority of the members present, by resolution, may direct the Sergeant-at-
Arms to place the members who are absent under arrest and return them to
the Senate. Any warrant pursuant to such a resolution shall be issued in the
name of the Senate and shall be signed by the member then presiding. For the
purpose of ascertaining whether there is a quorum present, the President shall
count the members present.
Idaho Senate Rule 2 (A) A majority of Senators shall constitute a quorum and whenever less than
a quorum shall convene at a regular meeting and shall adjourn, the names of
the absentees shall be entered upon the Journal.
(B) Whenever less than a quorum shall convene at any regular meeting, they
may, by majority vote, send the Sergeant at Arms, or any other person or
persons by them authorized, for any and all absent Senators, and the actual
expenses incurred thereby, in each case, shall be paid by the absentees,
respectively, unless for a good and sufficient reason they may be excused by
the President or President Pro Tempore.
(C) A quorum being in attendance, if the Senate fails to effect an organization
during the organizational session provided by law at the beginning of each
new session, no Senator shall be entitled to compensation from the end of
said organizational session until organization shall have been effected.
House Rule 6 No member or officer of the House, unless from illness or other cause which
makes him unable to be in attendance shall absent himself from the session of
the House during the entire day without first having obtained leave of absence
from the Speaker of the House; provided, however, that no regular or Special
Committee of the House shall be absent for more than one day without
authorization from the House. Such authorization shall be by affirmative
action on a resolution approving absence.
No member or officer of the House shall be entitled to the unvouchered
expense allowance while absent more than one day without leave.
5
Idaho, cont'd. House Rule 7 One-third of the members present may order a call ofthe House in the
following manner:
A call being moved and seconded, the Speaker shall require those desiring a
call to rise, and if one-third ofthe members present shall rise, there shall be a
call of the House. A call of the House being ordered, the Sergeant at Arms
shall close and lock the doors and no member shall be allowed to leave the
Chamber. The Speaker shall immediately cause the roll of the members to be
taken and note the absentees whose names shall be read and entered upon the
Journal in such manner as to show who are absent with leave and who are
absent without leave, and the Sergeant at Arms shall proceed to bring in such
absentees; but arrest of members of absence shall not be made unless ordered
by a majority of members present.
While the House is under call, no business shall be transacted except to
receive and act on the report of the Sergeant at Arms, and no other motion
shall be in order except a motion to suspend further proceedings under the
call or to excuse absentees, which motion shall be determined by ayes and
nays; and the motion to suspend further proceedings under the call or to
excuse members shall not be adopted unless a majority of the entire
membership vote in favor thereof.
When the Sergeant at Arms will make a report showing that all who were
absent without leave are present, the call ofthe House may be dispensed with
or the House may proceed under the call on a majority vote ofthe entire
membership, with its regular business.
No motion for call of the House shall be entered after the House has
commenced voting by ayes and nays.
The form of warrant for the arrest of absent members shall be as follows:
Session IDAHO LEGISLATURE In the House of Representatives To the
Sergeant at Arms or his Deputies:
WHEREAS, The House of Representatives has adopted the following order:
That the Sergeant at Arms take into custody and bring to the bar of the House
such of its members as are found absent without leave of the House; and
WHEREAS, The following named members of the House are absent without
leave, to-wit:
(Names of Members)
Now, Therefore, I, Speaker of the Session of the House of Representatives of
the Idaho State Legislature, by virtue of the power vested in me by the House,
hereby command you to execute the said order of the House, by taking into
custody and bringing to the bar of the House said above named members who
are absent without leave; hereof fail not, and make due return in what manner
you executed the same.
In Witness Whereof, I have hereunto set my hand this day of, 19_.
Speaker
Attest:
Chief Clerk
Illinois Senate Rule 4-5 (a) A majority of those elected shall constitute a quorum of the Senate, and a
majority ofthose appointed shall constitute a quorum of a committee, but a
smaller number may adjourn from day to day, or recess for less than one day,
and compel the attendance of absent members. The attendance of absent
members may also be compelled by order of the President. ...
House Rule 32 (a) A majority of those elected shall constitute a quorum of the House, and a
majority of those appointed shall constitute a quorum of a committee, but a
smaller number may adjourn from day to day, or recess for less than one day,
and compel the attendance of absent members. The attendance of absent
members may also be compelled by order of the Speaker. .. ,
6
Indiana Senate Rule 2 (a) Except as specified in subsection (b), a quorum consisting of two-thirds of
the Senators elected must be present to do business.
(b) Twenty-five Senators with the President, or Twenty-six Senators in the
absence of the President with the President Pro Tempore presiding or having
chosen a Senator to preside if the President Pro Tempore is absent shall be
authorized to do the following: Call a Senator, Compel the attendance of
absent Senators, Make an order for censure, Adjourn,
House Rule 4 Seven (7) members with the Speaker or Speaker Pro Tempore, or eight (8)
members in the absence of the Speaker and Speaker Pro Tempore, one of
whom they shall elect acting Speaker, may call the House to order, compel
the attendance of absent members, make an order for their fine and censure
and adjourn from day to day until a quorum is in attendance.
Kansas Senate Rule 2 The President shall take the chair at the hour fixed for the convening of the
Senate, and the roll shall be called in order to ascertain if a quorum is present.
A majority of the Senators then elected (or appointed) and qualified shall
constitute a quorum, and, in the absence of a quorum, the Senators present, by
majority vote, may take such measures as they shall deem necessary to secure
the presence of a quorum.
House Rule 302 In the absence of a quorum during any session of the House, the members
present may do what is necessary to attain a quorum. In the absence of a
quorum while in the committee of the whole, the committee shall rise and
report. Reprimand, censure or expulsion may be imposed as provided by
Article 49 when there is found to be no sufficient excuse for absence of a
member.
Minnesota Senate Rule 38 38.1 A member may impose a call of the Senate requiring the attendance of
all members before any further proceedings occur except a motion to
adjourn.
38.2 Upon the imposition of a call, a member may request a record of those
present and the Sergeant at Arms shall bring in the absent members.
38.3 When the Senate has been placed under call, a member may demand that
the doors be closed and that no member be permitted to leave the Chamber
until the matter or question, if any, under consideration at the time of the call
is disposed of, or until the call is lifted by a majority of the whole Senate, or
until the Senate adjourns.
38.4 A majority of the whole Senate may excuse members not answering the
call.
38.5 A call may not be imposed after voting has commenced.
House Rule 2.02 Ten members may demand a call of the House at any time until voting begins.
When a call is demanded, the doors of the chamber must be closed, the roll
called, and the absent members sent for; and no member is allowed to leave
the chamber until the roll call is suspended or completed. During the roll call,
no motion is in order except a motion pertaining to matters incidental to the
call.
Proceedings under the roll call may be suspended by a majority vote of the
whole House. After the roll call is suspended or completed the Sergeant at
Arms must not permit a member to leave the Chamber unless the member is
excused by the Speaker.
A call of the House may be lifted by a majority vote ofthe whole House.
7
Mississippi House Rule 70 70. In the absence of a quorum, fifteen (15) members, including the Speaker,
if there is one, shall be authorized to compel the attendance of absent
members, and in all calls of the House the doors shall be closed, the names of
the members shall be called by the Clerk, and the absentees noted; and those
for whom no sufficient excuse is made may, by order of a majority of those
present, be sent for and arrested, wherever they may be found, by officers
appointed by the Sergeant at Anus for that purpose, and their attendance
secured and retained; and the House shall determine upon what condition they
shall be discharged. Members who voluntarily appear shall, unless the House
otherwise direct, be immediately admitted to the Hall of the House, and they
shall report their names to the Clerk to be entered upon the Journal as present.
House Rule 71 71. On the demand of any member, or at the suggestion of the Speaker, the
names of members sufficient to make a quorum in the Hall of the House who
do not vote shall be noted by the Clerk and recorded in the Journal, and
reported to the Speaker with the names of the members voting and be counted
and announced in determining the presence of a quorum to do business.
House Rule 72 72. Whenever a quorum fails to vote on any question and a quorum is not
present and objection is made for that cause, unless the House shall adjourn
there shall be a call of the House, and the Sergeant at Anus shall forthwith
proceed to bring absent members, and the yeas and nays on the pending
question shall at the same time be considered as ordered.
The Clerk shall call the roll, and each member as he answers to his name may
vote on the pending question, and, after the roll call is completed, each
member arrested shall be brought by the Sergeant at Anus before the House,
whereupon he shall be noted as present, discharged from arrest, and given an
opportunity to vote and his vote shall be recorded. If those voting on the
question and those who are present and decline to vote shall together make a
majority of the House, the Speaker shall declare that a quorum is constituted,
and the pending question shall be decided as the majority of those voting shall
appear; and thereupon further proceedings under the call shall be considered
as dispensed with. At any time after the roll call has been completed, the
Speaker may entertain a motion to adjourn, if seconded by a majority of those
present, to be ascertained by actual count by the Speaker; and if the House
adjourns, all proceedings under this section shall be vacated.
Missouri Senate Rule 8 Upon the call of the senate, the names of the senators shall be called by the
secretary and the absentees noted, after which the names of the absentees may
again be called. Those absent senators from whom no sufficient excuses are
made may, by order of a majority of those present, if ten in number, be taken
into custody as they appear, or be sent for and taken into custody wherever
found by the sergeant-at-arms, or other person appointed by the senate for
that purpose, at the expense of such absent senators or senator, respectively,
unless such excuse for nonattendance shall be made as the senate, when a
quorum is convened, shall judge sufficient.
House Rule 100 A call of the House may be made at any time on motion seconded by ten
members and sustained by a majority of those present; (names of members
may be called orally or by electronic roll call) and under a call of the House a
majority of those present may send for and compel the attendance of absent
members; and a majority of all the members present shall be a sufficient
number to adjourn,
8
Missouri, cont'd. House Rule 101 Upon the call of the House, the names of those members present shall be
recorded and the absentees noted, and those whose names do not appear may
be sent for and taken into custody wherever found by the Sergeant-at-Arms or
special messenger appointed.
North Carolina Senate Rule 5 (a) A quorum consists of a majority of all the qualified members of the
Senate. (b) When a lesser number than a quorum convenes, the Senators
present may send the Sergeant-at-Arms or any person, for any or all absent
Senators, as a majority of the Senators present determines.
House Rule 3 (a) A quorum consists of a majority of the qualified members of the House.
(b) Should the point of a quorum be raised, the doors shall be closed, and the
Clerk shall call the roll of the House, after which the names of those not
responding shall again be called. In the absence of a quorum, 15 members are
authorized to compel the attendance of absent members and may order that
absentees for whom no sufficient excuses are made be taken into custody
wherever they may be found by special messenger appointed for that purpose.
Ohio Senate Rule 11 Should a roll call show the absence of a quorum, the President shall direct the
Sergeant-at-Arms to dispatch the Sergeant-at-Arms's messengers for the
absentees and until a quorum is present no business shall be in order except a
motion to adjourn and the enforcement of the attendance ofthe absentees.
Rhode Island Senate Rule 9.2 When there shall be seven (7) or more senators, but less than a quorum of the
senate present, a majority of the senators present may direct the presiding
officer to compel the attendance of absent senators in accordance with law.
South Carolina Senate Rule 2 ... If at any time during the daily session of the Senate it is ascertained that
there is not a quorum present, no business shall be in order except a call of the
Senate, an order to send for absentees, (as provided for in Rule 3B), a motion
to recede for a fixed period of time or to a time certain, or a motion to
adjourn. Each of the foregoing motions shall be of equal standing and none
shall have priority over the others.
Senate Rule 3 A. Any member or officer of the Senate who shall absent himself or herself
from the service of the Senate, without leave of the Senate first obtained, shall
forfeit his or her subsistence while so absent. The Clerk shall maintain a
record of those members present on each statewide legislative day.
B. Notwithstanding the provisions of Rule 14 or any other Rule of the
Senate, at any time during a session when the presence of absent members is
required, the Senate, by majority vote of those present shall authorize the
Sergeant-at-Arms to send for the absent members who have not been granted
leave. In case a less number than a quorum of the Senate shall convene, the
members present are hereby authorized to send the Sergeant-at-Arms or any
person or persons by them authorized for any or all absent members, as the
majority of such members present shall agree. This rule shall apply to the first
convention ofthe Senate each year at the legal time of meeting and to each
day ofthe session after the hour to which the Senate stood adjourned has
arrived. When provisions ofthis Rule are invoked then the outer doors of the
antechamber shall be secured and any member within the confines of the
chamber and antechamber shall be counted for the purpose of determining a
quorum. A motion to invoke or repeal Rule 3B may be made at any time
when a quorum of the Senate is present or not present and must be voted on
after no more than five (5) minutes of debate, two and a half (2 1/2) for and
two and a half (2 1/2) against.
9
South Carolina, House Rule 3.9' If any member shall be absent without leave and a quorum is not present, the
cont'd. Speaker shall instruct the Sergeant at Arms or appoint other authorized
persons to send for such member or members and take them into custody. The
outer doors to the Chamber shall be closed. The Speaker shall order that
security personnel shall be posted at the outer doors of the Chamber and no
member shall be permitted to leave the second floor of the State House
without written leave of the Speaker. The Speaker may also order that
security personnel be posted at all entrances to the State House to prevent
members from leaving without authorization. An absent member who is taken
into custody after the invocation of this rule shall pay for all reasonable
expenses incurred which shall include mileage at the prevailing rate for state
employees. In addition, such absent member who is taken into custody shall
forfeit his entitlement to subsistence and mileage for that legislative day and
shall be subject to any additional penalties the Speaker deems necessary.
Should a quorum be present and ten members request, such absent member or
members shall be sent for as herein provided and subjected to the same
penalties. The Speaker shall strictly enforce the provisions of this rule.
Provided, however, in the case of a member not being present when Rule 3.9
is invoked and such member voluntarily returns without being taken into
custody, he shall not be subject to the penalties of this section. The invocation
of this rule may be rescinded by a majority vote of those present and voting.
Tennessee Senate Rule 4 No member shall absent himself from the service of the Senate without
permission of the Speaker. In case a less number than a quorum of the Senate
shall convene, they are hereby authorized to send the Sergeant at Arms, or
any other person or persons, for any or all absent members, as the majority of
such members present shall agree, at the expense of such absent members,
respectively, unless such excuse for non-attendance shall be made as the
Senate, when a quorum is convened, shall judge sufficient; and the Sergeant
at Arms is authorized and empowered to arrest absent members and to use all
the force and means necessary to effect said arrest. For this purpose he may
summon all needed deputies and do all things necessary to secure the
presence in the Senate chamber of the absent members.
Texas Senate Rule 5.02 Two-thirds of all the Senators elected shall constitute a quorum, but a smaller
number may adjourn or recess from day to day and compel the attendance of
absent members (Constitution, Article III, Section 10). In case a less number
shall convene, the members present may send the Sergeant-at-Arms or any
other person or persons for any or all absent members.
House Rule 5, When a call of the house is moved for one of the above purposes and
Section 8. seconded by 15 members (of whom the speaker may be one) and ordered by a
majority vote, the main entrance to the hall and all other doors leading out of
the hall shall be locked and no member permitted to leave the house without
the written permission of the speaker. The names of members present shall be
recorded. All absentees for whom no sufficient excuse is made may, by order
of a majority of those present, be sent for and arrested, wherever they may be
found, by the sergeant-at-arms or an officer appointed by the sergeant-at-arms
for that purpose, and their attendance shall be secured and retained. The
house shall determine on what conditions they shall be discharged. Members
who voluntarily appear shall, unless the house otherwise directs, be
immediately admitted to the hall of the house and shall report their names to
the clerk to be entered in the journal as present. Until a quorum appears,
should the roll call fail to show one present, no business shall be transacted,
except to compel the attendance of absent members or to adjourn. It shall not
be in order to recess under a call of the house.
10
Vermont Senate Rule 9 In case no quorum shall assembly within fifteen minutes after the time to
which the Senate was adjourned, or if a roll call or division of the Senate
discloses no quorum present and voting, those present shall have the power to
send the Sergeant-at-Arms or other officer after the absentees, and to compel
their attendance, or to adjourn.
House Rule 9 If a quorum is not present within fifteen minutes after the time to which the
House was adjourned or whenever a roll call or a division of the House
discloses no quorum present and voting, the presiding officer or those present
may send the Sergeant at Arms or other officer after the absentees to compel
their attendance, or may adjourn.
Washington House Rule 21 One-sixth (1/6) of the members present may demand a call of the house at
any time before the house has divided or the voting has commenced by yeas
and nays.
(A) When call of the house has been ordered, the sergeant at arms shall close
and lock the doors, and no member shall be allowed to leave the chamber:
PROVIDED, That the rules committee shall be allowed to meet, upon request
of the speaker, while the house stands at ease: AND PROVIDED FURTHER,
That the speaker may permit members to use such portions of the fourth floor
as may be properly secured.
(B) The clerk shall immediately call a roll of the members and note the
absentees, whose names shall be read and entered upon the journal in such
manner as to show who are excused and who are absent without leave. The
clerk shall furnish the sergeant at arms with a list of those who are absent
without leave, and the sergeant at arms shall proceed to bring in such
absentees; but arrests of members for absence shall not be made unless
ordered by a majority of the members present.
(C). While the house is under a call, no business shall be transacted except to
receive and act on the report of the sergeant at arms; and no other motion
shall be in order except a motion to proceed with business under the call of
the house, a motion to excuse absentees, or a motion to dispense with the call
of the house. The motion to proceed with business under the call of the house
and the motion to excuse absent members shall not be adopted unless a
majority of the members elected vote in favor thereof. The motion to dispense
with the call of the house may be adopted by a majority of the members
present.
Wisconsin Senate Rule 15 Before proceeding to business, the roll of the members shall be called, and the
names of those present and those absent shall be entered on the journal. A
majority of the membership presently serving must be present to constitute a
quorum for the transaction of business; a smaller number, however, can
adjourn and may compel the attendance of absent members. When a roll call
discloses the lack of a quorum, further business may not be conducted until a
quorum is obtained, but the members present may take measures to procure a
quorum or may adjourn.
Wyoming Senate Rule 5-2 In case fewer than a Quorum of the Senate shall convene, the President is
authorized to send the Sergeant-at-arms, or any other person for any or all
members absent without leave.
House Rule 3-2 In case fewer than a quorum of the House shall convene, the Speaker is
authorized to send the sergeant-at-arms, or any other person for any or all
members absent without leave.
11
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NCSL
LEGISLATIVE CHAMBER RULES ON ATTENDANCE
(as of June 2009) UPDATE IN PROCESS DO NOTDISTRlBUTE
Listed below are chamber rules regarding members' attendance. Generally, a member may not be absent unless
excused.
Alabama
Senate. Rule 37. No Senator shall absent himself or herself from the service of the Senate for as long as
one day, without leave of the Senate first obtained. In case a lesser number than a quorum of the Senate shall
convene, they are hereby authorized to send the Doorkeeper or some other person for any or all absent Senators, as
the majority of the Senators present shall agree. The expense of sending for an absent Senator shall be paid by the
absentee, unless an excuse for non-attendance shall be made, as a quorum of the Senate shall judge sufficient, In
which event, the expense of securing the attendance of such absent Senator shall be paid out of funds appropriated
for the Legislature.
House. Rule 41. No member shall absent himself or herself from the sessions of the House, unless he or
she has leave, is sick, or is unable to attend.
Alaska
Uniform. Rule 15. A member may not be absent from sittings of the house unless the member has the
leave of the house to be absent or is ill and unable to attend. A member who is consistently absent from meetings of a
standing committee to which assigned may be removed from that committee by the Committee on Committees upon
a showing that the member's absence is unwarranted.
Arizona
Senate. Rule 5. A. Every member shall be present within the Senate Chamber during its sittings, unless
excused or necessarily prevented; and shall vote on each question put, unless the member has a personal fmancial
interest in the question as set forth in Rule 30, or unless the member is excused from voting in accordance with Rule
15. B. No Senator shall voluntarily be absent from the service of the Senate without leave of the President.
House. Rule 6. A. Every member shall be present within the Hall of the House during its sitting, unless
excused by the Speaker prior to roll call or necessarily prevented; and shall vote on each question put, unless the
member has a personal financial interest in the question, as set forth in Rule 35 or unless the member is excused from
voting in accordance with Rule 14.
Arkansas
Senate. Rule 6.01. Each member of the Senate shall attend the Hall of the Senate during its sittings, unless
excused or necessarily prevented.
House. Rule 1. Every representative shall be present within the House during the session of the House and
every member shall be present at each committee meeting of which he/she is a member, unless excused or
necessarily prevented.
California
Senate. Rule 3. No Senator may absent himself or herself from attendance upon the Senate without first
obtaining leave. A lesser number than a quorum of the Senate is authorized to send the Sergeant at Arms for any and
all absent Senators at the expense of the absent Senators, unless an excuse for nonattendance made to the Senate
when a quorum is present shall be judged sufficient, and in that case the expense shall be paid out of the Senate
Operating Fund. The President pro Tempore or Assistant President pro Tempore, or less than a quorum present, shall
have the power to issue process directly to the Sergeant at Arms to compel the attendance of Senators absent without
leave. Any Senator who refuses to obey that process, unless sick or unable to attend, shall be deemed guilty of
contempt of the Senate, and the Sergeant at Arms shall have power to use force as may be necessary to compel the
attendance of the absent Senator, and for this purpose he or she may command the force ofthe county, or of any
county in the state.
Assembly. Rule 110. A Member may not absent himself or herself from attendance at any session ofthe
Assembly without leave ofthe Assembly. A Member may not obtain that leave of absence or be excused for
nonattendance except by a vote of 54 or more Members or by unanimous consent. A Member who obtains a leave of
absence for personal business, or is excused for nonattendance for personal business, thereby waives his or her per
diem allowance for attendance upon any session of the Legislature for which he or she secures that leave of absence
or excuse. A Member may not obtain a leave of absence for legislative business or be excused for nonattendance for
legislative business unless the Member has filed with the Speaker a statement ofthe legislative business for which he
or she seeks that leave of absence or excuse. That statement shall be printed in the Journal. If a Member is not
recorded on the attendance roll within 30 minutes after the scheduled start ofthe session, the Member shall stand up
before the Assembly and explain the reason he or she is late before he or she is recorded on the roll call for any vote.
If a Member does not explain his or her reason for being late, any other Member may raise a point of order under this
rule, whereupon the tardy Member's vote may not be recorded until an explanation is made.
Colorado
Senate. Rule 16. (a) Every Senator shall be present within the Senate chamber during sessions of the
Senate unless duly excused, or necessarily prevented from attendance. No members shall be excused without the
consent of the President.
House. Rule 18. (a) No member shall be absent from a session of the House unless the member is sick and
unab le to attend, or unless the member has secured consent of the House to be excused from the session. If absent
without being sick or having been excused, the sergeant-at-arms may be sent to take the member into custody and
bring the member forthwith to the House chamber; and the expense thereof shall be assessed to such member, and a
reprimand, fine, or other disciplinary measure may be imposed upon the member. (b) When roll is called at the
beginning of a legislative day, the chief clerk shall make a note in the journal when a member has been excused for
the day to attend to other legislative duties. In addition, the chief clerk shall make a similar note in the journal when a
member is present for the beginning roll call but is subsequently excused to attend to other legislative duties and a
recorded vote is taken.
Connecticut.
Senate. Rule 36. Every member present in the Senate Chamber when a question is put by the presiding
officer shall vote, unless excused under Rule 15.
House. Rule 40. Every member present in the House chamber, when a question is put by the speaker, shall
vote, unless excused by the speaker and no member shall absent herself or himself from the House chamber without
leave, unless there is a quorum without such member's presence.
Delaware
Senate. Rule 3. (a) Every member shall be in their place at the time to which the Senate stands recessed.
(b) No Senator shall absent themselves from the service of the Senate without notifying the President Pro Tem.
House. Rule 12. (a) No member shall knowingly absent himself or herself from any session of the House
without notifying the Speaker that he or she is unable to attend. A member who is absent without notifying the
Speaker may be considered in contempt, and may be subject to the censure of the House. (b) Each member shall
answer each roll call from his or her assigned seat in the chamber.
Florida
Senate. Rule 1.20. Unless excused for just cause or necessarily prevented, every Senator shall be within the
Senate Chamber during its sessions and shall vote on each question. No Senator shall be required or permitted to
vote on any question immediately concerning his or her private rights as distinct from the public interest.
Rule 1.21. The President may excuse any Senator from attendance in the Senate and its committees for any
stated period, and the excused absence shall be noted in the Journal.
Rule 1.23. A Senator who answers roll call at the opening of a session or who enters after roll call and
announces his or her presence to the Senate shall thereafter be considered present unless leave of absence is obtained
from the President
2
Rule 2.27. (1) Every member of a committee shall be in attendance during each of its meetings, unless
excused or necessarily prevented, and shall vote on each question except that no member of a committee shall be
required or permitted to vote on any question immediately concerning that member's private rights as distinct from
the public interest. (2) The chair may excuse any Senator for just cause from attendance at meetings of his or her
committee for any stated period, and this excused absence shall be noted on the committee's records. (3) Failure to
attend two (2) consecutive regular meetings, unless excused from attendance in the Senate on those days as provided
in these Rules or by the chair of the committee, shall constitute automatic withdrawal from the committee....
House. Rule 3.3. (a) COUNCIL AND COMMITTEE MEETING ATTENDANCE. A member shall
attend all meetings of councils and committees to which appointed unless excused by the chair or by the Speaker.
Excuse from a House session shall constitute excuse from that day's meetings. Failure to attend two consecutive
meetings, unless excused, shall constitute automatic removal from the councilor committee and create a vacancy.
Upon notification of automatic removal, the Speaker may make an appointment to fill such vacancy.
(b) SESSION ATTENDANCE
(1) A member may not be absent from the sessions ofthe House without approval from the Speaker. Upon written
request of a member submitted in a timely manner, the Speaker may, by written notice to the Clerk,
excuse the member from attendance for any stated period. It shall be the responsibility of the excused member to
advise the Clerk when leaving and returning to the Chamber.
(2) Any member who has answered roll call, either orally or by electronic means, at the opening of any daily session,
or who enters after the initial quorum call and informs the Clerk of the member's presence, shall thereafter be
presumed present unless necessarily prevented or leave of absence is obtained from the Speaker. The Speaker shall
make any determination as to whether a member was necessarily prevented.
Georgia
Senate. Rule 1-2.2. (a) A motion to excuse a Senator from voting must be made before the Senate divides,
or before the roll call is commenced, and it shall be decided without debate, except that the Senator making the
motion must briefly state the reason why, in his or her opinion, it should prevail.
(b) All Senate Conference Committee members shall be excused from voting during meetings of the Conference
Committee. The excuse shall be entered in the Journal if the Conference Committee member notifies the Secretary of
the actual time ofthe meeting before leaving and after returning to the Chamber.
Rule 2-3.3. (a) Every member of a committee shall be in attendance during each of its meetings.
(b) Failure to attend three (3) consecutive meetings, unless excused from attendance in the Senate on those days as
provided in these Rules or unless he or she has filed a statement pursuant to Rule 2-1.7(f), shall be cause for removal
from the committee by the Committee on Assignments.
House. Rule 47. Upon the call of all the members, the names of the absentees shall be noted by the
Clerk and shall appear upon the journal.
Hawaii
Senate. Rule 28. No member shall be absent from the sessions of the Senate unless given leave by the
President or unless the member is sick and unable to attend.
House. Rule 22. No member shall be absent from service to the House, unless the member is sick and is
unable to attend or is excused by the Speaker.
Idaho
Senate. Rule 43. (A) No Senator shall, without leave, absent himself from the Senate otherwise than
temporarily.
House. Rule 6. No member or officer ofthe House, unless from illness or other cause which makes him
unable to be in attendance shall absent himself from the session of the House during the entire day without first
having obtained leave of absence from the Speaker of the House; provided, however, that no regular or Special
Committee of the House shall be absent for more than one day without authorization from the House. Such
authorization shall be by affirmative action on a resolution approving absence. No member or officer of the House
shall be entitled to the unvouchered expense allowance while absent more than one day without leave.
Illinois
Senate. Rule 4-1. (a) The Senate shall be deemed in session whenever it convenes in perfunctory session,
regular session, veto session, or special session. Members shall be entitled to per diem expense reimbursements only
3
on those regular, veto, and special session days that they are in attendance at the Senate. Attendance by members is
not required or recorded during perfunctory sessions.
House. Rule 28. (a) The House is in session whenever it convenes in perfunctory session, regular session,
veto session, special session, or joint session with the Senate. Members are entitled to per diem expense
reimbursements authorized by law only on those regular, veto, special session, and joint session days that they are in
attendance at the House and either (i) are recorded as present on the quorum roll call or (ii) personally appear before
the Clerk or the Clerk's designee after the quorum roll call but prior to the close of the Clerk's Office for the day.
Attendance by members is not required or recorded on perfunctory session days.
Indiana
Senate. Rule 3. Every Senator shall be present at all meetings of the Senate unless excused by the
President Pro Tempore.
House. Rule 36. No member shall be absent from the service of the House unless excused by the Speaker,
is sick or is unable to attend.
Rule 49. 1. A member who is absent from the House without excuse may, by order of the members present,
be sent for and taken into custody wherever found by the Doorkeeper or other person appointed for that purpose.
2. When a member is discharged from custody and admitted to the House, the remaining members shall determine
whether a fine, censure or other penalty should be imposed. The House shall determine whether a delinquent
member, taken into custody, shall pay the expenses incurred.
Iowa
Senate. [no general attendance rule found; rules on quorum and voting exist]
House. Rule 3. No member shall be absent without leave while the house is in session unless excused for
good cause.
Kansas
Senate. Rule 3. No Senator shall fail to attend when the Senate is in session without first obtaining leave of
the Senate, unless prevented from attending by sickness or other sufficient cause.
House. Rule 105. Members may be excused from attendance on any legislative day by the Speaker for the
following reasons and such reasons shall be shown in the Journal: Verified illness; legislative business; and excused
absence by the Speaker.
Kentucky
Senate. Rule 21. No Senator shall be absent from a session of the Senate without leave from the Senate.
House. Rule 21. No member shall be absent from a session of the House without leave from the House.
Louisiana
Senate. Rule 5.1. No member of the Senate shall be absent from any session of the Senate unless he has
been granted leave by the Senate or is unable to attend because of illness.
House. Rule 4.1. No member of the House of Representatives shall be absent from any session of the
House unless he has been granted leave by the House or is unable to attend because of illness.
Maine
Senate. Rule 401. ... 9. A member may not be absent from the Senate without leave, unless there is a
quorum left present.
House. Rule 401. ... 9. A member may not be absent more than 2 days without leave ofthe House; and a
member may not have such a leave, unless it is reported by the Committee on Leave of Absence.
Maryland
Sell ate. Rule 15. Without leave of the Senate, a member may not be absent from the service of the Senate
unless unable to attend because of sickness.
House. Rule 15. Without leave of the House, a member may not be absent from the service of the House
unless unable to attend because of sickness.
4
Massachusetts
Senate. Rule 11. No member shall absent himself from the Senate without leave, unless there is a quorum
without his presence.
House. Rule 48.... A member absent from the House for a formal session period of a day or longer shall
notify the Clerk in writing of the intended absence. A member absent during a formal session for an extended period
or for the remainder ofthe session shall notify the Clerk in person. The Clerk shall provide a written notice to any
such absent member.
Michigan
Senate. Rule 1.204. The Senate may excuse any Senator from attendance for any stated period, and the
excused absence shall be printed in the Journa!. The Senate may revoke an excuse at any time.
Rule 1.205. a) A Senator who answers an attendance roll call or who enters after an attendance roll call and
reports his or her presence to the Secretary of the Senate shall be considered present thereafter unless an excused
absence is granted. b) A Senator may be recognized prior to the invocation and the attendance roll call only for the
purpose of presenting a motion to adjourn. Should such a motion to adjourn prevail, there shall be no official
invocation and attendance roll call for that day.
Rule 1.302. Every Senator is expected to vote on each roll call vote, unless absent or prohibited from
voting by Rule 1.306. A Senator who misses a roll call vote may request that a vote intention be printed in the Senate
Journal reflecting how he or she would have voted
House. Rule 3. (1) Any Member, having answered attendance roll call at the opening of any
session, or who enters after attendance roll call, shall thereafter be deemed to be present until leave of absence is
obtained from the House. Any Member having entered upon the floor of the House after the House has been called to
order, shall be deemed present if within the bar of the House....
Minnesota
Senate. Rule 37. A member or officer of the Senate may not be absent from a session of the Senate unless
excused by the Senate. The name of a member excused must be printed in the Journal.
House. Rule 2.01. Unless illness or other sufficient cause prevents attendance, a member or officer of the
House must not be absent from a session of the House without the prior permission of the Speaker.
Mississippi
Senate. Rule 32. No Senator shall absent himself from the Senate without leave. In case a less number than
a quorum of the Senate shall convene, a majority of such number is empowered to direct the Sergeant-at-Arms or
authorize any other person or persons to compel the attendance of absent Senators, and at the expense of the absent
Senators, respectively, unless such excuse for nonattendance shall be made as the Senate by majority vote, when a
quorum shall have convened, deems sufficient, in which case the expense shall be paid out of the Senate Contingent
Fund.
Rule 33. Leave of absence may be granted to any Senator at his own request or at the request of another
Senator.
House. Rule 28. No member shall absent himself from the service of the House, unless he shall have
leave, or be sick, or unable to attend. Fifteen (15) members shall be authorized to compel the attendance of absent
members and order a call of the House.
Missouri
Senate. Rule 95. No senator shall absent himself or herself from the session of the senate unless he or she
has leave or is sick or unable to attend. A member who is absent from the chamber for attendance at a standing
committee meeting, or a conference committee meeting shall be shown as absent with leave (committee). It shall be
the responsibility ofthe member to advise the secretary of the senate of his or her attendance at such committee
meeting.
House. Rule 32. The secretary of each committee shall keep a record of the attendance of each committee
meeting in the minute book of the committee, which shall be available to any person upon request. Any member of a
committee absent, without good cause, from three consecutive meetings of the committee, as shown by the records of
the committee, may be dropped therefrom by a statement to that effect entered into the House Journal by the
Speaker. The roll shall be called by the chair or secretary of a committee at each meeting.
5
Rule 89. (a) Every member shall be present within the hall of the House during its sittings, unless excused
or necessarily prevented; ...
Montana
Senate. Rule SSO-IO. (1) Unless excused, Senators must be present at every sitting of the Senate and
shall vote on questions put before the Senate. . ..
House. Rule HSO-lO. (1) A representative, unless excused, is required to be present at every sitting of
the House. (2) A representative may request in writing to be excused for a specified cause by the representative's
party leader. This excused absence is not a leave with cause from a call of the House.
Nebraska
Unicameral. Rule 2, Sec. 4. (a) Every member shall be present within the legislative chamber during the
meetings of the Legislature and shall attend the regular meeting of the standing committee of which he or she
is a member, unless excused by the Legislature, the Speaker, or the committee chairperson. Members who have been
excused by the Legislature or the Speaker shall notify their committee chairperson that they will be absent.
(b) The presence of any member may be compelled, if necessary, by sending the Sergeant at Arms, or such other
person or persons as the membership present may authorize, at the expense of such absent member, unless such
excuse for nonattendance is made as the Legislature may judge sufficient, and in that case the expense shall be paid
out of the contingent fund.
Nevada
Senate. Rule 12. No Senator shall absent himself from the service of the Senate without leave, except in
case of accident or sickness, and if any Senator or officer shall so absent himself his per diem shall not be allowed
him.
Assembly. [no general attendance rule found; rule on voting exists]
New Hampshire
Senate. Rule 7. No member shall absent himself without permission from the Senate.
House. Rule 27. All members shall attend to their duties in the House or committee, and no one shall be
absent from the service ofthe House or committee unless the member has leave, or is sick and unable to attend.
New Jersey
Senate. Rule 2: 1. a. Every Senator shall promptly attend meetings of the Senate as required by the
business of the Senate. When so required, no Senator shall be absent from the Senate for any period, unless excused
by the President. In case of unexcused absence, the Senator may be admonished by the President. b. A Senator shall
not be considered absent from a meeting ofthe Senate if the Senator's attendance is not required by the business of
the Senate as noticed by the President.
General Assembly. Rule 2: 1. Every member shall promptly attend meetings of the General Assembly. No
member shall be absent from the General Assembly for any period, unless excused by the Speaker. In case of
unexcused absence, the member may be admonished by the Speaker.
New Mexico
Senate. Rule 7-1. Every senator shall be present within the senate chamber during the sessions of the
senate, unless duly excused or necessarily prevented. Senators prevented from being present in the senate chamber
shall notify their respective floor leaders of their whereabouts.
House. Rule 7-1. Every member of the house shall be present on the floor ofthe house during each
session, unless prevented by sickness or excused by the speaker in writing. The excuse shall be filed with the chief
clerk.
New York
Senate. Rule 9, Sec. 1. a. Every Senator shall be present within the Senate Chamber during the sessions of
the Senate, unless duly excused or necessarily prevented, ...
Assembly. Rule 5, Sec. 1. Attendance of members in the bar of the House during sessions of the House
shall be continuously recorded electronically unless otherwise ordered by the Speaker....
6
North Carolina
Senate. Rule 70. No Senator or officer of the Senate shall depart the service of the Senate without leave or
receive pay as a Senator or officer for the time absent without leave.
House. Rule 54. No member or officer of the House shall be absent from the service of the House without
leave, unless from sickness or disability.
North Dakota
Sellate. Rule 102. As used in these rules, "absent" means not present and "present" means physically in the
chamber or room where the session or meeting is being held, and for purposes of a committee meeting, includes
participation by means of interactive video or teleconference call. No member or officer of the Senate, unless unable
to attend due to illness or other cause, may be absent from a session ofthe Senate, during an entire day, without first
having obtained leave from the Senate, and no one is entitled to draw pay while absent more than one day without
leave.
House. Rule 102. As used in these rules, "absent" means not present and "present" means physically in the
chamber or room where the session or meeting is being held, and for purposes of a committee meeting, includes
participation by means of interactive video or teleconference call. No member or officer of the House, unless unable
to attend due to illness or other cause, may be absent from a session of the House, during an entire day, without first
having obtained leave from the House, and no one is entitled to draw pay while absent more than one day without
leave.
Ohio
Sellate. Rule 17. Any absence of a member from a session of the Senate must be excused. Before a
member may be excused from such an absence from a voting session, the member shall submit an explanation for the
absence in writing to the Clerk. A member shall be automatically excused from a nonvoting session.
Rule 18. The reimbursement based on mileage as provided for in section 101.27 of the Revised Code shall
be paid to each qualifying member by the Clerk unless a member is not present in Columbus during a week.
House. Rule 41. . .. (b) Three consecutive absences from regular committee meetings shall operate to
suspend a member from such committee, unless excused by the chairman of said committee....
,
Oklahoma
Sellate. Rule 10-3.... A member ofthe Senate who is absent from a daily session shall be shown as
"excused."
House. Rule 4.3. No Member shall be absent from the session of the House without leave.
Oregon
Sellate. Rule 3.10. (1) A member shall attend all sessions of the Senate unless excused by the President.
The Journal Editor will record on each roll call all members "present," "excused," "attending legislative business,"
or "absent." (2) The President or committee chair may excuse a member from committee meetings. The minutes of
the committee shall record all committee members as "present," "excused," or "absent."
House. Rule 3.03. (1) Except for emergencies, a member shall attend all sessions of the House unless an
excuse is filed with the Chief Clerk forty-eight (48) hours in advance. All requests for an excused absence will be
presumed approved unless the member is otherwise notified by leadership. A member shall attend all meetings of the
committees ofthe House of which he or she is a member unless excused by the chair. No member shall be
considered excused, however, unless the Speaker or chair has announced the excuse at the opening of the House
session or committee meeting, or at the earliest possible time thereafter. No excuse may be announced while the
House is under a call of the House.
Pennsylvania
Sellate. Rule 17. 1. Every member of a committee shall be in attendance during each of its meetings,
unless excused or necessarily prevented and shall vote on each question, except that no member of a committee shall
be required or permitted to vote on any questions immediately concerning that member's private rights as distinct
from the public interest. 2. The Chairman may excuse any Senator for just cause from attendance during the
meetings of the committee for any stated period, and such excused absence shall be noted on the records of such
committee. 3. Any member of a committee who is otherwise engaged in legislative duties may have the member's
vote recorded on measures pending before the committee by communicating in writing to the chairman: (a) the
7
nature of the legislative duties that prohibits the member's attendance and; (b) the manner in which the member
desires to be voted on such measures pending before the committee.
Senate Rule 21. ... 3. Every Senator shall be present within the Senate Chamber during the sessions of the
Senate, unless a Senator is on duty with a reserve component ofthe armed forces of the United States or the
Pennsylvania National Guard or Air National Guard or is duly excused or necessarily prevented, and shall be
recorded as voting on each question stated from the Chair which requires a roll call vote unless the Senator is on duty
with a reserve component of the armed forces of the United States or the Pennsylvania National Guard or Air
National Guard or is duly excused by the Senate. The refusal of any Senator to vote as provided by this section shall
be deemed a contempt unless the Senator be excused by the Senate or unless the Senator has a direct personal or
pecuniary interest in connection with the pending question ....
House. Rule 64. Every member shall be present within the Hall of the House during its sittings, unless
excused by the House or unavoidably prevented, and shall vote for or against each question put, unless he or she has
a direct personal or pecuniary interest in the determination of the question or unless excused. No member shall be
permitted to vote and have his or her vote recorded on the roll unless present in the Hall of the House during the roll
call vote. The Legislative Journal shall show the result of each roll call by yeas and nays and those absent and those
not voting
Rule 64a. For purposes of this rule the term "chronic absenteeism" shall mean the unexcused absence of a
representative for a period of five consecutive legislative days from official sessions of the House of Representatives
or the absence of a committee member for a period of five consecutive days from their assigned committee meetings
which meetings qualify as regular committee meetings under the rules of the House of Representatives and the
Sunshine Law of the Commonwealth. Any representative who is absent without excuse from regular House sessions
for a period of five consecutive legislative days or is absent for a period of five consecutive committee meetings shall
be deemed a chronic absentee and may, on a vote of the full House, be held in contempt of this House upon motion
of five members ofthe House for chronic absence from regular House sessions and by motion of three members of
the standing committee ofthe House to which such representative is assigned for chronic absence from regularly
scheduled committee meetings. The term "chronic absenteeism" shall not include:
(1) Absence due to the personal illness or bodily injury of a representative.
(2) Absence due to personal illness or bodily injury of a member of the immediate family of the representative.
(3) Death to a member of the immediate family of a representative.
(4) Any excused absence approved by the House pursuant to its rules.
Rhode Island
Senate. Rule 3.1. The presiding officer shall take the chair each day at the hour to which the senate shall
have adjourned, call the senators to order, and record attendance by electronic roll call. Upon late arrival, at any time
prior to the adjournment of the senate a senator may report his or her presence to the secretary ofthe senate who
shall record the senator's attendance in the journal.
House. [no general attendance rule found; rules on quorum and voting exist]
South Carolina
Senate. Rule 3. A. Any member or officer of the Senate who shall absent himself or herself from the
service of the Senate, without leave of the Senate first obtained, shall forfeit his or her subsistence while so absent.
The Clerk shall maintain a record of those members present on each statewide legislative day....
House. Rule 3.1. Every member shall be within the House Chamber during its sittings unless excused or
necessarily prevented, and may vote on each question put, except that no member shall be permitted to vote on any
question immediately concerning his private rights as distinct from the public interest.
Rule 3.2. The Speaker may excuse any member from attendance on the House and its committees for any
stated period upon reason shown, and such excused absence shall be noted in the Journal.
Rule 3.3. Any member absenting himself from attendance on the House or its committees and having in his
possession any original papers relating to the business before the House, shall leave such original papers with the
Clerk before departing from the Capitol.
Rule 3.4. Any member who enters after the roll call at the opening of the daily session and notifies the Clerk
in writing shall thereafter be shown as present for such day. Provided, that no person except those recorded present
shall be eligible for subsistence for that day.
8
South Dakota
Senate and House. [no general attendance rule found; rules on quorum and voting exist]
Tennessee
Senate. Rule 4. No member shall absent himself from the service of the Senate without permission of the
Speaker. In case a less number than a quorum of the Senate shall convene, they are hereby authorized to send the
Sergeant at Arms, or any other person or persons, for any or all absent members, as the majority of such members
present shall agree, at the expense of such absent members, respectively, unless such excuse for non-attendance shall
be made as the Senate, when a quorum is convened, shall judge sufficient; and the Sergeant at Arms is authorized
and empowered to arrest absent members and to use all the force and means necessary to effect said arrest. For this
purpose he may summon all needed deputies and do all things necessary to secure the presence in the Senate
chamber of the absent members.
House. Rule 20. No member shall be absent from service in the House without leave first obtained; and in
case a less number than the quorum of the House shall convene, the Speaker is hereby authorized to send the
Sergeant-at-Arms, or any other person or persons, for any or all absent members. This shall be done at the expense of
such absentees, respectively, unless such excuse for nonattendance shall be rendered as the House, when a quorum is
convened, shall deem sufficient.
Texas
Senate. Rule 5.03. The Senate determines that a memberhas a duty under his or her oath or affirmation of office
and an obligation under the constitution and laws ofthis state to attend the sessionsof the Senate, and a member shall not absent
himself or herself from the sessionsof the Senate without leave unless the memberbe sick or unable to attend.
House. Rule 5, Sec. 3. (a) No member shall be absent from the sessions of the house without leave, and no
member shall be excused on his or her own motion. (b) A leave of absence may be granted by a majority vote of the
house and may be revoked at any time by a similar vote. (c) Any member granted a leave of absence due to a
meeting of a committee or conference committee that has authority to meet while the house is in session shall be so
designated on each roll call or registration for which that member is excused
Utah
Senate. Rule 21.01. Every Senator shall be present within the Senate chamber during a session of the
Senate, unless excused or unavoidably absent.
House. Rule 21.01. Every member of the House shall be present within the House chamber during a
session ofthe House, unless excused or unavoidably absent.
Vermont
Senate. Rule 10. No senator shall be absent from sessions of the Senate or meetings of committees unless
sick or otherwise necessarily detained.
House. Rule 10. A member shall not be absent without leave of the House from meetings of the House
unless sick or otherwise necessarily detained. A member shall not be absent, without leave of the Chair, from
committee meetings unless sick or otherwise necessarily detained.
Virginia
Senate. Rule 6. No Senator shall absent himself from the service ofthe Senate without leave.
House. Rule 30. No member shall absent hirnselffrom the service of the House unless he has leave
granted by the Speaker or is sick or otherwise unable to attend and such leave shall be entered upon the Journal.
Washington
Senate. Rule 7.... 4. No senator shall be absent from the senate without leave, except in case of accident
or sickness, and if any senator or officer shall be absent the senator's per diem shall not be allowed or paid, and no
senator or officer shall obtain leave of absence or be excused from attendance without the consent of a majority of
the members present.
House. Rule 8. No member shall be absent from the service of the house without leave from the speaker.
When the house is in session, only the speaker shall recognize visitors and former members.
9
West Virginia
Senate. Rule 50. No member shall absent himself or herself from the service of the Senate during its
sittings without leave of the Senate, except in case of his or her sickness or other unavoidable cause which may
prevent his or her attendance.
House. Rule 24. No member shall absent himself from the service of the House unless he have leave, or be
sick and unable to attend, but any member who conscientiously believes that the seventh day of the week ought to be
observed as the Sabbath shall be excused from attending upon the House on that day.
Wisconsin
Senate. Rule 16. Members of the senate may not be absent from the daily session during the entire day
without first obtaining a leave of absence. The leave may be granted at any time by a majority vote of the senate.
Assembly. Rule 27. A member may not be absent from any daily session without a leave of absence. One
member may request a leave for another.
Wyoming
Senate. Rule 5-1. No member or officer shall absent himself from the service of the Senate except: a. In
case of sickness; b. With permission of the President first obtained; c. By a majority vote of the Senate first obtained.
House. Rule 3-1. No member or officer shall be absent from the service of the House except: a. In case
of sickness; b. With permission of the Speaker first obtained; or c. By a majority vote of the House first obtained.
10
I
11.\\
mm
NCSL
Quorum Requirements
(Note: Highlighted states have a supermajority quorum requirement.)
State Provision
Alabama A majority of each house shall constitute a quorum to do business; but a smaller
number may adjoum from day to day and compel the attendance of absent
members, in such manner and under such penalties as each house may provide.
Alaska A majority of the membership of each house constitutes a quorum to do business,
but a smaller number may adjoum from day to day and may compel attendance
of absent members.
Arizona The majority ofthe members of each house shall constitute a quorum to do
business, but a smaller number may meet, adjoum from day to day, and compel
the attendance of absent members, in such manner and under such penalties as
each house may prescribe. Neither house shall adjoum for more than three days,
nor to any place other than that in which it may be sitting, without the consent of
the other.
Arkansas A majority of all the members elected to each house shall constitute a quorum to
do business, but a smaller number may adjoum from day to day, and compel the
attendance of absent members in such manner and under such penalties as each
house shall provide.
Califomia A majority of the membership constitutes a quorum, but a smaller number may
recess from day to day and compel the attendance of absent members.
Colorado A majority of each house shall constitute a quorum, but a smaller number may
adjoum from day to day, and compel the attendance of absent members.
Connecticut A majority of each house shall constitute a quorum to do business; but a smaller
number may adjoum from day to day, and compel the attendance of absent
members in such manner and under such penalties as each house may prescribe .
Delaware ... a majority of all the members elected to each House shall constitute a quorum
to do business; but a smaller number may adjoum from day to day, and shall
have power to compel the attendance of absent members, in such manner and
under such penalties, as shall be deemed expedient.
Florida A majority of the membership of each house shall constitute a quorum, but a
smaller number may adjoum from day to day and compel the presence of absent
members in such manner and under such penalties as it may prescribe. Each
house shall determine its rules of procedure.
Georgia A majority of the members to which each house is entitled shall constitute a
quorum to transact business. A smaller number may adjoum from day to day and
compel the presence of its absent members.
Hawaii A majority of the number of members to which each house is entitled shall
constitute a quorum of such house for the conduct of ordinary business, of which
quorum a majority vote shall suffice; but the final passage of a bill in each house
shall require the vote of a majority of all the members to which such house is
entitled, taken by ayes and noes and entered upon its journal. A smaller number
than a quorum may adjoum from day to day and may compel the attendance of
absent members in such manner and under such penalties as each house may
provide.
State Provision
Idaho A majority of each house shall constitute a quorum to do business; but a smaller
number may adjourn from day to day, and may compel the attendance of absent
members in such manner and under such penalties as such house may provide.
Illinois A majority of the members elected to each house constitutes a quorum.
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Iowa A majority of each house shall constitute a quorum to transact business; but a
smaller number may adjourn from day to day, and may compel the attendance of
absent members in such manner and under such penalties as each house may
provide.
Kansas A majority of the members then elected (or appointed) and qualified of the house
of representatives or the senate shall constitute a quorum of that house.
Kentucky Not less than a majority of the members of each House of the General Assembly
shall constitute a quorum to do business, but a smaller number may adjourn from
day to day, and shall be authorized by law to compel the attendance of absent
members in such manner and under such penalties as may be prescribed by law.
Louisiana Not less than a majority of the elected members of each house shall form a
quorum to transact business, but a smaller number may adjourn from day-to-day
and may compel the attendance of absent members.
Maine ... a majority shall constitute a quorum to do business; but a smaller number may
adjourn from day to day, and may compel the attendance of absent members, in
such manner and under such penalties as each House shall provide.
Maryland A majority of the whole number of members elected to each House shall
constitute a quorum for the transaction of business; but a smaller number may
adjourn from day to day, and compel the attendance of absent members, in such
manner, and under such penalties, as each House mav nrescribe.
Massachusetts A majority of the members of each branch of the general court shall constitute a
quorum for the transaction of business, but a less number may adjourn from day
to day, and compel the attendance of absent members.
Michigan A majority ofthe members elected to and serving in each house shall constitute a
quorum to do business. A smaller number in each house may adjourn from day to
day, and may compel the attendance of absent members in the manner and with
penalties as each house may prescribe.
Minnesota A majority of each house constitutes a quorum to transact business, but a smaller
number may adjourn from day to day and compel the attendance of absent
members in the manner and under the penalties it mav provide.
Mississippi A majority of each house shall constitute a quorum to do business; but a less
number may adjourn from day to day, and compel the attendance of absent
members in such manner and under such penalties as each shall provide.
Missouri A majority of the elected members of each house shall constitute a quorum to do
business, but a smaller number may adjourn from day to day, and may compel
the attendance of absent members in such manner and under such penalties as
each house may provide.
State Provision
Montana A majority of each house constitutes a quorum. A smaller number may adjoum
from day to day and compel attendance of absent members.
Nebraska A majority ofthe members elected to the Legislature shall constitute a quorum;
Nevada A majority of all the members elected to each House shall constitute a quorum to
transact business, but a smaller number may adjourn, from day to day and may
compel the attendance of absent members, in such manner, and under such
penalties as each house may prescribe.
New Hampshire A majority of the members of the house of representatives shall be a quorum for
doing business: But when less than two-thirds of the representatives elected shall
be present, the assent of two-thirds of those members shall be necessary to render
their acts and proceedings valid.
And not less than thirteen members of the senate shall make a quorum f or doing
business; and when less than sixteen senators shall be present, the assent often,
at least, shall be necessary to render their acts and proceedings valid.
New Jersey ... and a majority of all its members shall constitute a quorum to do business; but
a smaller number may adjourn from day to day, and may be authorized to compel
the attendance of absent members, in such manner, and under such penalties, as
each house may provide.
New Mexico ... majority of either house shall constitute a quorum to do business, but a less
number may effect a temporary organization, adjourn from day to day and
compel the attendance of absent members.
New York A majority of each house shall constitute a quorum to do business.
North Carolina Neither house shall proceed upon public business unless a majority of all of its
members are actually present.
[House Rule] A quorum consists of a majority of the qualified members of the
House.
[Senate Rule] A quorum consists ofa majority of all the qualified members of
the Senate.
North Dakota A majority of the members elected to each house constitutes a quorum. A
smaller number may adjourn from day to day and compel attendance of absence
members in a manner, and under penalty, as may be provided by law.
Ohio ... majority of all the members elected to each House shall be a quorum to do
business; but, a less number may adjourn from day to day, and compel the
attendance of absent members, in such manner, and under such penalties, as shall
be prescribed by law.
Oklahoma ... and a majority of each shall constitute a quorum to do business; but a smaller
number may adjourn from day to day, and may be authorized to compel the
attendance of absent members, in such manner and under such penalty as each
House may provide.
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Pennsylvania A majority of each House shall constitute a quorum, but a smaller number may
adjourn from day to day and compel the attendance of absent members.
Rhode Island ... a majority shall constitute a quorum to do business; but a smaller number may
adjourn from day to day, and may compel the attendance of absent members in
such manner, and under such penalties, as may be prescribed by such house or by
law.
State Provision
South Carolina ... a majority of each house shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may compel the attendance of
absent members, in such manner and under such penalties as may be provided by
law or rule.
South Dakota A majority of each house shall constitute a quorum, but a smaller number may
adjourn from day-to-day, and may compel the attendance of absent members in
such manner and under such enal as each house ma rovide.
Utah A majority of the members of each house shall constitute a quorum to transact
business, but a smaller number may adjourn from day to day, and may compel
the attendance of absent members in such manner and under such penalties as
each house ma rescribe.
Vermont [House] ... (a majority of whom shall constitute a quorum for transacting any
other business than raising a State tax, for which two-thirds of the members
elected shall be present)
[Senate] A maiori shall constitute a uorum.

Virginia A majority of the members elected to each house shall constitute a quorum to do
business, but a smaller number may adjourn from day to day and shall have
power to compel the attendance of members in such manner and under such
penalty as each house may prescribe. A smaller number, not less than two-fifths
ofthe elected membership of each house, may meet and may, notwithstanding
any other provision ofthis Constitution, enact legislation if the Governor by
proclamation declares that a quorum ofthe General Assembly cannot be
convened because of enemy attack upon the soil of Virginia. Such legislation
shall remain effective only until thirty days after a quorum of the General
Assembl can be convened.
Washington ... and a majority of each house shall constitute a quorum to do business; but a
smaller number may adjourn from day to day and may compel the attendance of
absent members, in such manner and under such penalties as each house may
rovide .
West Virginia ... A majority of the members elected to each house of the Legislature shall
constitute a quorum. But a smaller number may adjourn from day to day, and
shall be authorized to compel the attendance of absent members, as each house
may provide .
Wisconsin ... a majority of each shall constitute a quorum to do business, but a smaller
number may adjourn from day to day, and may compel the attendance of absent
members in such manner and under such enalties as each house ma rovide.
Wyoming A majority of each house shall constitute a quorum to do business, but a smaller
number may adjourn from day to day, and compel the attendance of absent
members in such manner and under such enalties as each house ma rescribe.
As of May 2003
NAI'tOMM COK'IUNCl ~ &va.. LlcItlroAWUI
."''''~1ItM
7700 East First Place, Denver, CO 80230
phone: 303-364-7700 fax: 303-364-7800
"Legislative Walkouts"
In May 2003, a request for information about "legislative walkouts" was posted to the electronic
discussion group of the American Society of Legislative Clerks and Secretaries. "Legislative walkout"
was defined as an occasion when a political caucus or other group of legislators refuse to attend session.
The specific questions were:
1. Has a "walkout" ever occurred in your chamber?

2. If yes,
a. When?
b. Over what issue(s)?
c. How many legislators were involved?
d. Was your quorum affected?
e. Anything else that you wish to share?
A summary of the responses is shown below.
Alabama. Senate. The Alabama Senate had a walkout by the majority that lasted for 8 days in 1999. A
chronology of the power struggle that caused the walkout is attached.
Arizona. House. In Arizona on May 6, 1998, the Governor issued a proclamation calling the 43rd
Legislature to convene a Fourth Special Session relating to the budget to convene that evening at 9:00
p.m. (The Legislature was still in Regular Session at the time.) Prior to the time to convene the Session,
the Speaker told some members that we didn't need a quorum to convene session. I told that Speaker that
pursuant to the Constitution and House Rule that the majority of the members elected to the House shall
constitute a quorum to do business (31 out of 60 members). When the time came to convene the Special
Session 8 Republicans were absent but all 22 of the Democrats decided not to attend. This resulted in us
having only 30 members on the Floor. There was one Democratic member in the building but repeated
attempts requesting his presence in the Chamber over about an hour period were not successful. Our
Rules provided that when no quorum is present, a Call of the House takes precedence over all other
motions. If a Call of the House is ordered, the doors are closed, the Chief Clerk calls the roll of members
and noted the absentees. The Sergeant at Arms then proceeds to bring in absent members until two-thirds
of the members elected to the House are present, and present them at the bar of the House, whereupon the
members shall be noted as present. When the Speaker and other members threatened a Call of the House
the lone Democratic member of the reluctantly came to the floor and we began the session one hour and
twenty-two minutes after the scheduled time to convene. There have been many occasions when the
members of one party have decided not to show up at committee meetings or have walked out during
committee meetings resulting in the recess or adjournment of the meeting.
California. Assembly. A walkout took place in the California Assembly in 1994 when the Assembly
was evenly split between Republicans and Democrats. In December 1994, Assembly Republicans
refused to show up for floor sessions in an attempt to prevent Democrats from electing Willie Brown as
Speaker with less than a majority vote. The quorum is 41 out of 80. The Republicans instead met at a
nearby hotel for several days until they finally relented in January 1995, at which time a quorum was
established, the Democrats "disqualified" a Republican, and elected Willie Brown as Speaker.
Hawaii. House. On the last day of the regular session (May 1,2003) the GOP caucus (15 members)
threatened to walk off the floor when the Speaker ruled their request to consider a certain measure not on
the agenda out of order (technology tax credits). The quorum of 51 members would not have been
affected. The plan was not carried out, and we proceeded with closing day business as scheduled.
Idaho. Senate. No one here has any recollection of a walkout at any time in the Idaho Senate.
Illinois. Senate. Not in the Illinois Senate. In a Republican-controlled Senate in the mid-seventies, the
Democrats took a prolonged late night caucus to avoid a vote on bill on the Regional Transportation
Authority. The Senate adjourned after a 3-4 hour "hideout" and the situation never escalated.
However, according to the CapitolFax: "Back in 1839, the Illinois House was meeting in special session
and hatched a plan to vote on a Democratic bill to require the state's central bank to make payments in
gold or silver, rather than paper money. The Whig Party strongly opposed the idea, and, led by Rep.
Abraham Lincoln, decided on the spot that the best way to kill the proposal was to deny the majority
Democrats a quorum. So, they left the building, the Second Presbyterian Church in Springfield. But two
members were required under law back then to demand that a quorum call be made. Lincoln and another
House Whig, Joseph Gillespie, walked into the chambers and made the motion. No quorum was present
and a vote couldn't be taken. The next day, though, Lincoln and the Whigs made the same attempt, but
the House Speaker ordered the doors locked behind them and summoned some members who had
previously been too ill to attend the session. A quorum was now present. Lincoln realized the problem
and he and the other Whigs jumped out a window to try to halt the vote, but the quorum was already
certified and the Whigs lost. According to Lincoln friend William Herndon, the window jumping had no
effect 'other than to provide the Democrats with capital material for ridicule.'"
Iowa. House. No recent walkout in the Iowa House.
Louisiana. House. On Friday, June 28, 1985, the Louisiana House of Representatives experienced a
"call of the House" incident, the only one in the recent 30 years. The Speaker's father died suddenly and
he was with his family, leaving the Speaker Pro Tempore in the chair of the day. A Senate bill to make
the Superintendent of Education an appointive office came up for debate. A quorum was called for and
we were inquorate. A motion was made for a call of the House, which was adopted. A search began,
with marginal success, in that some time later in the day we gained a bare quorum of 53 members.
However, on the ensuing quorum call only 51 members answered and a call was again requested.
However, a quorum call was had before a vote on the call of the House and a quorum answered. We
voted on the bill (which failed) and proceeded to end our day's and week's work.
Nevada. Senate. In 1999, a walkout occurred over privatization of workman's compensation. The entire
majority party (Republican) left, so quorum was affected. On the previous legislative day, the Majority
Leader made a motion to suspend constitutional rules and have Senate Bill No. 37 read twice on the same
2
day in order to consider final passage and transmit the bill to the Assembly. The Minority Leader
requested a roll call vote on the motion which needed a two-thirds vote in order to carry. The vote failed
to reach the necessary 14 members voting 'yes.' When the Majority Leader made the motion to adjourn
later that day, he set the time to reconvene at 12:30 a.m. the next calendar day. The Senate convened
session, after midnight that evening, which was, indeed, the next legislative day. A motion was made to
consider SB 37 as the first order of business. It is the custom of the Senate to recognize the committee
chair who heard the bill to speak first when the bill is read third time. Instead of speaking to the bill, the
committee chair moved the previous question. It was sustained and carried. The bill was voted on and
passed. A minority member then stood under "Remarks from the Floor" to begin a lengthy floor
statement of disbelief and disgust for what took place. The Republicans then walked out of the Chamber.
The minority Senator continued to speak, and a majority member came back into the Chamber and asked
for a point of order. His contention was that since there was no longer a quorum, the Lt. Governor was
obligated to recess session, which she did. She then left the Chamber. The Democrats were stunned for
about 15 minutes, when one of the members requested a Call of the Senate. The doors to the Chamber
were closed. The roll was called, and the Sergeants at Arms were directed to go find and bring the
missing Senators back to the Chamber. At 3:30 a.m., the Sergeant at Arms found enough missing
Senators to meet a quorum. The Lt. Governor was called back in, and we reconvened session. The
minority leader showed great restraint by voting on only two bills on the General File, then she made a
motion to recess until 10:30 a.m. that same legislative day. Two of the Republicans that were rounded up
and had voted on the two bills, gave notice of reconsideration on the bills so that eventually all the
missing Republicans could be shown as voting on the bills when the reconsiderations came up for vote.
North Carolina. House. We have had several instances when a group has walked out, but there were
not enough Members involved to affect the quorum. This isn't exactly a "walkout" more like a "no
show"... Last year we were in a Special Session on Redistricting while we were in Regular Session. Both
began in May, but the Regular Session adjourned Oct. 4. For several reasons, the Democratic leadership
decided to keep the Special Session open so I was designated to preside and we would have a few
Members to attend session on a MondaylThursday or Tuesday/Friday schedule in order to meet the
provisions of the NC Constitution of not adjourning in excess of three days. The Republicans protested
the actions and each day raised the point of order on the lack of a quorum and tried to invoke the House
Rule 3 to compel the attendance of Members so they could try to adjourn the session sine die. Sixty
Democrats and one Republican had requested leaves of absence - 61 is a quorum for our 120 member
House. Pursuant to Mason's Manual Sec. 195,5, members excused should not be brought in. We had
some tense days here, but we eventually ended up with one Member and me here for the sessions until
November 26 when the members returned and the House and Senate finally adjourned sine die.
Oklahoma. House. There has been a walkout in the Oklahoma House. The entire minority caucus
walked out, but quorum was not affected.
Oregon. Senate. It may have happened more than once in the Oregon Senate, but the one that comes to
mind was in 1995. The Democrats walked out. The split was 19-11, so without their attendance, there
was no quorum. The issue was a portion of the Senate Rules that named an Oregon Service Award for a
former Senator. The Republicans voted to delete the section. The rules were adopted and Senate
Resolution was introduced to accommodate the award process leaving it up to the democratic caucus.
The Democrats walked out and the Senate was at ease for approximately 4 hours before we adjourned.
The resolution was subsequently rereferred to committee the next day.
The Oregon House did have a walkout over redistricting in 2001. The Democratic Caucus walked out,
with a couple of exceptions. A couple of House members on Ways and Means attended budget
committee meetings in order to keep the process running during that week. I believe that the Democrats
were out for about 5 days: The Republican leadership hired process servers to locate the missing
members, but they managed to stay out until they had made their point. The House continued to meet
every day to compel the attendance of the missing members.
Pennsylvania. Senate. In the Pennsylvania Senate, about 20 years ago, the minority caucus walked off
the floor to their caucus room to protest the running of a congressional reapportionment plan. Quorum
was unaffected and the bill was run and passed by a vote of 26-0 in a Senate of 50 members.
South Carolina. Senate. I am not aware of a walkout ever occurring in the SC Senate.
Utah. Senate. No "walkouts" in the Utah Senate-vat least not in the last 20 years.
House. We have never had a walkout in the Utah House of Representatives during the 27 years
that I have been here. We did have a time, however, when the Democrats (as a group) came into
Chambers late. I do not recall the issue they were protesting-but business carried on as usual without
them.
Vermont. Senate. There has been no walkout in the Vermont Senate of which I am aware.
West Virginia. House. Not in the West Virginia House.
4
CHRONOLOGY OF THE 1999 POWER STRUGGLE
IN
THE ALABAMA SENATE
• Tuesday, January 12, 1999: The 1999 Organizational Session commences. The Alabama Senate is presided
over by Lieutenant Governor Don Siegelman (Dem.), serving his last days in that office before being
inaugurated Governor. Senator Lowell Barron is elected President Pro-Tempore, representing a Democratic
majority. The Senate adopts its Rules of Order and Procedure, for the ensuing quadrennium. These rules place
the overwhelming balance of power in the hands of the duly-elected President Pro-Tempore.
• Wednesday, January 13: The Joint Rules of the two houses of the Legislature are adopted.
• Thursday, January 14: Pursuant to newly-adopted Senate Rules, Senate Standing Committees are announced.
The Senate and House then adjourn the 1999 Organizational Session, sine die.
• Monday, January 18: Inauguration Day. Lt. Governor Steve Windom (Rep.) is sworn into office and
becomes ex-officio President of the Senate, under constitutional provision.
• Tuesday, March 2: Commencement of the 1999 Regular Session, Lt. Governor Windom presiding over the
Senate. President Windom recognizes Senator Gerald Dial on unanimous consent to suspend the rules and offer
a resolution, such resolution constituting new rules for the Senate which yield the balance of power to the Lt.
Governor. Though numerous objections are made, the Chair announces he sees no objections and allows the
resolution to be offered. Senator Dial moves for adoption of the resolution, which the Chair announces as
carried in the affrrmative on a voice vote. Senator Dial then moves for adjournment, which the Chair announces
as carried in the affmnative. The Senate Staff, acting according to existing law and procedure, record the
announced decisions of the President into the Senate Journal. A near violent scene erupts between the majority
on the one side, and the Lt. Governor and his adherents, on the other.
• Wednesday, March 3 - Wednesday, March 10: A majority of the Senate fails to appear, resulting in a lack of
a quorum and thus necessitating the Senate to adjourn, according to its rules, until 10:00 a.m., from day to day.
• Thursday, March 11: Spurred by the need for compromise in order to break the power-struggle deadlock, a
majority of the Senate appears and a quorum is established. The Senate then adjourns until March n'd.
th
• Tuesday, March 23: With still no compromise attained, the Senate adjourns to April 6 .
• Friday, March 26: The Governor issues a Proclamation, calling a Special Session for the resolution of the
struggle ongoing within the Senate. {Such special sessions are allowed under the constitution when, in the
course ofany Regular Session, the Legislature recesses for a period of 10 days or longer}. The Legislature
convenes in such Special Session.
• Tuesday, March 30: Compromise rules are adopted by the Senate, thus representing the 3'd set of rules
adopted since the January Organizational Session. These compromise rules yield the balance of power to the
President Pro-Tempore, representing the Democratic majority, but provide some limited power of appointment,
and consultation as to bill assignment, to the Lt. Governor. A special rule is included, allowing a signed petition
on any legislative day to require roll call votes on all matters - thus rendering the use of the gavel null in such
circumstances. The Legislature adjourns the Special Session sine die.
• Tuesday, April 6: The Legislature reconvenes in its 12th Legislative Day, 1999 Regular Session. Having
adopted new rules in the Special Session, new Senate Standing Committees are announced, and the Session
progresses without further strife. Said Rules have been in force since that time.
Lafayette Journal Courier
Friday, March 4, 2005
Lawmakers discuss gridlock in House

By Dan Shaw, Journal and Courier
The halting of the Indiana House's business on Tuesday was unfortunate but entirely within the rules.
That was the message that Reps. Joe Micon, D-West Lafayette, and Sheila Klinker, D-Lafayette, delivered to the
editorial board of the Journal and Courier on Thursday.
But Rep. Tim Brown, R-Crawfordsville, who also attended the discussion, questioned the arguments of his fellow
legislators.
"They wanted a Democratic do-over," Brown said..
Midnight Tuesday was the deadline for bills to be passed out of the legislative chamber in which they originated, and
at least 67 of the chamber's members must be present to conduct business.
But 132 bills, including high-profile measures related to daylight-saving time and funding for an Indianapolis Colts
stadium, died in theHouse at midnight Tuesday because the 48 Democrats refused to form that quorum.
Micon, elected in November to represent the 26th District, said that in doing so, House Democrats were merely using
a tool employed in the past by both parties to block undesired legislation.
"One year ago from this very time -- how quickly we forget -- the Republican caucus took a highly principled position
on gay marriage and walked out for five days," the freshman lawmaker from West Lafayette said.
After the November election, majority control of the chamber reversed. Prior to then, the House was divided between
51 Democrats and 49 Republicans. Now, its membership consists of 52 Republicans and 48 Democrats.
Brown countered that the Democrats were using "revisionist history" when they compared the actions of both parties.
During the 2004 legislative session, Republicans walked out because they weren't allowed to debate some important
issues, Brown said. On the other hand, the Democrats have had their sayan most of the bills introduced in the first
half of this year's session, he added.
"Our principle wasn't necessarily the gay-marriage amendment," said Brown, who has represented parts of
Tippecanoe and Montgomery counties since 1992. "The principle was that the minority party rights were being
disenfranchised. And this week, the minority party's rights were not being disenfranchised."
Micon countered that in walking out, both minority parties were exercising one of their most powerful rights.
"Withholding a quorum is one of the few, if not only, tools that a minority has to raise issues that are of high principle
to it," he said. "Now on the specifics of how that is done -- although Rep. Brown would like to make that a major
distinction -- the reality is that the tool of withholding a quorum was used."
Brown granted the validity of the right. But he questioned whether the Democrats had considered the price of using it
this year. The 132 bills that were killed contained some very important legislation, even though some of it can be
resurrected before the session is scheduled to end at the end of April, he said.
Micon said that he and Klinker were part of a minority of Democrats who favored returning to the House floor before
midnight Tuesday. But after some careful thought, they chose not to break ranks, he said.
"When the majority decides to stay, we have a decision to make. Are we going to march back up to the floor and sit in
a half-empty chamber ... versus what the penalty would be for doing that?" he said. "Representative Klinker sits on
Ways and Means, I sit on Education and House Technology -- three vitally important committees for our community.
It's a tough decision."
The leadership of the Republican and Democratic parties makes appointments of their own party members to
committees.
Micon said the Democrats' refusal to return to the floor mostly arose from their aversion to two Republican initiatives.
One was a bill that would have granted the state inspector general, who would report to the governor, the power to
prosecute in court. The other was a bill that would require that voters show photographic identification before voting.
Micon and Klinker argued the first bill would have given too much power to the governor and the second would
disenfranchise elderly and poor voters.
Brown, who sponsored the voter ID bill, countered that the identification would help prevent fraud at the polls.
He also said by changing the balance of power in the House and voting in a Republican governor, Mitch Daniels,
voters had signaled a desire for a change in state government. By refusing to cast votes on legislation, Democrats
had denied Daniels the chance that he deserves.
Klinker, who has represented Tippecanoe County's 27th District since 1982, said that the 117 bills the House did
advance during the session's first half included many of Daniels' programs, including one that abolished the
Department of Commerce. .
"Now we're changing to the Indiana Development Corporation over which Mitch, our governor, serves as president
and CEO. That's in his words, not ours," she said. "We thought the Department of Commerce was doing a good job.
But in the eyes of the Republican leadership we were not doing a good job. So we went along with that."
Brown said he and other Republican Party leaders were disappointed that Democrats several times proposed hearing
again amendments that the House had already voted down.
"You wanted a Democratic do-over," he said. "I mean that's what we were told: 'Put that language back in there that
was defeated, and we'll come back down and vote on the bill.' "
Indianapolis Star
Daniels will not apologize to Dems

Governor's remark comparing House Democrats to terrorists brings outrage from the minority party.
By Mary Beth Schneider

mary.beth.schneider@indystar.com
March 4, 2005
House Democrats won't be getting an apology from Gov. Mitch Daniels, who compared them to terrorists
earlier this week for refusing to come to the House floor.
"Not a chance," Daniels told reporters Thursday. A day earlier, he said the 48 House Democrats had "car-
bombed" bills to reform Indiana's government and spark the state's economy.
More than 130 bills died when Democratic lawmakers boycotted the House on Tuesday, including two
central pieces of Daniels' agenda -- a bill to put all of Indiana on daylight-saving time, and legislation to
give his inspector general the power to prosecute wrongdoing in state government.
"I could have used stronger language. It's been used on me," Daniels said Thursday. "If there are any
apologies necessary, I think most Hoosiers would agree they ought to come from somebody else."
Political tensions showed little sign of abating Thursday. Both sides were talking to reporters, but not to
each other.
Daniels again singled out House Minority Leader B. Patrick Bauer, D-South Bend.
"Looking back, knowing what I know now, I probably shouldn't be surprised that a 34-year machine
politician from South Bend like Mr. Bauer would play games," he said.
Bauer, who was ill, could not be reached for comment. But plenty of other Democrats had lots to say.
Rep. Win Moses, D-Fort Wayne, said he had "never heard a governor personally attack another elected
official."
But what really had Democrats mad was Daniels' accusation that the boycott amounted to a car bombing.
Moses noted that his Fort Wayne colleague, Democratic Rep. Ben GiaQuinta, is a veteran of the Battle of
the Bulge in World War II.
"To be called a car-bomber is completely wrong," Moses said. "The governor's response strikes me as a
school-yard bully approach."
Indiana Democratic Party Chairman Dan Parker called it "shocking" and a "calculated political attack
which is over the line from the commander in chief of the (Indiana) National Guard that has men and
women in Iraq."
Sen. Glenn Howard, D-Indianapolis, said Daniels was a "cry-baby."
"We're not going to kiss his fanny to get along with him," Howard said.
And while Democrats were getting a lot of criticism from the public across the state for refusing to vote on
the bills, Daniels is getting some criticism for his choice of words.
Ron Rutherford, of New Palestine, said the governor's words were "distasteful."
"With the war in Iraq so close to our hearts," Rutherford said, "to use a phrase like 'car-bombed' even
metaphorically is awful."
Daniels now has to find a way to resurrect some of the bills that died Tuesday night.
Many likely will be amended into other bills, though that could be difficult for some issues -- such as
daylight-saving time -- because of their uniqueness. Legislative rules require amendments to bills to be of
the same subject matter as the original topic.
The governor is working on a priority list, he said, adding that daylight-saving time likely isn't as high on
that list as other issues that deal with the economy, children and health care.
To ensure that the second half of the session doesn't end in the same breakdown as the first half, there
will have to be a political cease-fire.
Democrats say the walkout was necessary to kill bills that amounted to a political power-grab by
Republicans.
"Part of being a legislator is to stop bad bills," Moses said.
Daniels said it's the Democrats who are playing politics.
"I didn't come here to play games," he said. "If I had come here simply to play games and maneuver for
the next election, I should feel great today. I think these guys got creamed. I think they made a terrible
miscalculation. But I don't feel good at all."

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Page 1 of 1

From: Lovell, David

David L. Lovell, Senior Analyst

From: Brenda Erickson [mailto:Brenda.Erickson@ncsl.org]

As we discussed, attached are:

Please do not hesitate to contact me if you have any questions.

NAJ1OttM. COKPIUt4Q if/1Mn L1cIRl«UMI

Compelling Attendance When Quorum Is Not Present:

State ChamberlRule Provision

(d) Notwithstanding a call of the House, a motion to adjourn or to take a

The messenger, doorkeeper, and sergeant-at-arms of the House, on order of

[Senate] A maiori shall constitute a uorum.

1. Has a "walkout" ever occurred in your chamber?

A summary of the responses is shown below.

Iowa. House. No recent walkout in the Iowa House.

West Virginia. House. Not in the West Virginia House.

Lawmakers discuss gridlock in House

"They wanted a Democratic do-over," Brown said..

Daniels will not apologize to Dems

By Mary Beth Schneider

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