Malcolm Rivera
Quorum-busting is a term used to describe the actions of members of a senate who are absent to avoid being counted towards a quorum. A quorum is the minimum number of members that must be present at a meeting for the meeting to be considered valid. In the US Senate, a quorum is typically a majority of senators, or 51%. In other countries, the number of members constituting a quorum varies. For example, in Canada, a quorum for the House of Commons is 20 MPs, while in the German Bundestag, more than half of the members must be present. In the Australian Senate, the quorum is one-quarter of senators, or 19 senators.
| Characteristics | Values |
|---|---|
| Number of members required for a quorum in the US Senate | A majority of the elected members |
| Number of members required for a quorum in the Australian Senate | One-quarter of the senators |
| Number of members required for a quorum in the Italian Senate | 7 members |
| Number of members required for a quorum in the New Zealand Parliament | None |
| Number of members required for a quorum in the Philippines Congress | Half of the membership (13 in the Senate) |
| Number of members required for a quorum in the Turkish Grand National Assembly | One-third of the total number of members (184 out of 550) |
| Number of members required for a quorum in the German Bundestag | More than half of the members (369 out of 736) |
| Number of members required for a quorum in the Canadian House of Commons | 20 MPs |
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What You'll Learn
Quorum-busting
In the United States Senate, a quorum is a majority of the elected members. The Constitution provides that a minority of members may "compel" absent colleagues to attend, but leaves it up to each chamber to determine how to do so. For the first eighty years of the Senate, no rules were enforced to compel attendance. However, in 1877, in response to filibusters that employed quorum-busting tactics, the Senate began to adopt procedures to end this delaying tactic. In 1988, the first openly physical act of compulsion occurred when Capitol police carried Oregon Republican Senator Robert Packwood into the chamber to establish a quorum on a campaign finance reform bill.
In other legislative bodies, the quorum requirements vary. For example, in Canada, the Constitution Act of 1867 sets the quorum for the House of Commons at 20 MPs, while in the German Bundestag, more than half of the members must be present to make resolutions. In the Philippines, half of the membership is needed to muster a quorum, while in Australia, the quorum for the House of Representatives and the Senate has been amended down to one-fifth and one-quarter of the total number of MPs and senators, respectively.
To ensure that a quorum is met, governing bodies can provide sufficient notice to attendees, choose convenient times and days for meetings, set recurring meeting times, and send personal reminders. When a quorum is not met, the existing attendees may still be able to conduct certain actions, such as adjusting the meeting time or adjourning and pushing the agenda to a future meeting.
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Compelling attendance
In the United States, the Constitution empowers both chambers of Congress to compel the attendance of absent members. This procedure, authorized by Article I, Section 5, is rarely used in modern Congress. The rules are different for every state, and each assembly determines the number of members that constitutes a quorum in its governing documents. In the absence of a stated definition, a quorum constitutes a simple majority.
In the Senate, a quorum is a majority of the elected members. A quorum call to ascertain whether a quorum is present may be made at any time except when a member has the floor. When a member requests a quorum call, the President shall direct the Secretary to open the voting machine for a roll call. If a majority of the Senators answer the roll call, a quorum is deemed to be present. The same roll call procedure is followed as the first order of business in the Morning Hour. A majority of the members present may compel the attendance of absent members.
In the House of Representatives, a quorum is one-third of the whole number of MPs. However, the House of Representatives (Quorum) Act 1989 amended this down to one-fifth, so the quorum of the current House of 151 MPs is 31 MPs.
In other countries, the quorum for legislative bodies also varies. For example, in Canada, the Constitution Act of 1867 sets the quorum for the House of Commons at 20 MPs, while in the German Bundestag, more than half of the members must be present to make resolutions.
Quorum-busting is a tactic used by legislators to prevent a quorum from being met, often to delay or block legislation. This can involve legislators leaving the state, making them beyond the jurisdiction of state troopers who could otherwise compel them to return to the chamber.
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Quorum call procedure
A quorum is the minimum number of members necessary to conduct business in a legislative chamber. In the US Senate, a quorum is 51% of senators, or 50 senators plus one, assuming there are no vacant seats.
The procedure for a quorum call in the US Senate is as follows:
- A member of the Senate requests a quorum call.
- The presiding officer, usually the President, then directs the Secretary to open the voting machine for a roll call.
- If a majority of senators answer the roll call, a quorum is deemed to be present.
- If a quorum is not met at the beginning of a sitting, the bells are rung for five minutes, and a count is taken again.
- If a quorum is still not met, the sitting is adjourned until the next sitting day.
- During a sitting, any senator may draw attention to the lack of a quorum. The bells are then rung for four minutes, and if a quorum is not met, the sitting is adjourned.
While quorum-busting is rare in Australia, it has been known for parties to use quorum counts as a disruptive tactic. In the US, quorum-busting has a long history, with senators fleeing to avoid being counted for a quorum. In 1877, senators employed tactics to prevent the Senate from attaining a quorum to conduct business. In 1988, a senator was carried into the chamber to establish a quorum.
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Quorum percentages
In the Australian Parliament, the House of Representatives requires a quorum of one-fifth of MPs (20%), while the Senate requires one-quarter of senators (12.5%). In the German Bundestag, more than half of the members (50.5%) must be present to make resolutions, though fewer members are common.
In the Congress of the Philippines, half of the membership (50%) is needed to form a quorum. In the Turkish Grand National Assembly, one-third of the members (33.3%) are required to convene, and decisions are made by an absolute majority of those present.
In the New Zealand Parliament, there is no general quorum for the House to conduct business. However, some procedures do require minimum participation, such as a motion to suspend the Standing Orders, which requires at least 60 members (60.6%).
These varying quorum percentages reflect the different legislative traditions and requirements of each body, balancing the need for efficient decision-making with the representation of diverse interests.
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Historical changes to quorum rules
The United States Senate has undergone several historical changes to its quorum rules. The Senate first convened on March 4, 1789, without a quorum—only eight senators were present. During this time, the Senate adjourned daily without conducting any business except to request the presence of absent senators.
On April 6, 1789, a quorum of the membership appeared, and a special committee was formed the following day to create a system of rules for conducting business. This committee consisted of Senators Ellsworth (Conn.), Lee (Va.), Strong (Mass.), Maclay (Pa.), and Bassett (Del.). On April 16, the Senate adopted a new set of 19 rules, with an additional rule numbered XX adopted on April 18.
Since 1789, there have been seven general revisions to the Senate rules: March 26, 1806; January 3, 1820; February 14, 1828; March 25, 1868; January 17, 1877; January 11, 1884; and November 14, 1979. The Civil War also prompted a significant change to the quorum rules.
In terms of quorum-busting, a tactic to prevent a legislative body from attaining a quorum, the Constitution states that a minority of members may "compel" absent colleagues to attend. While the Senate initially had no rules to enforce attendance for its first 80 years, it did require permission for absences and could send the sergeant-at-arms to round up missing members.
Currently, Rule XVI of the Standing Rules of the Senate states that a quorum is a majority of the senators duly chosen and sworn. Additionally, Rule XV mentions that twenty-one members shall constitute a quorum for the organization of the Senate and the transaction of business.
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Frequently asked questions
A quorum in the US Senate is a majority of the elected members of the Senate.
Yes, in certain situations, a quorum may be compelled even if a majority of the members are not present. For example, during a filibuster in 1893, a quorum was deemed present even though a majority of members did not vote.
When a member of the Senate requests a quorum call, the President directs the Secretary to open the voting machine for a roll call. If a majority of the Senators answer the roll call, a quorum is deemed to be present.
The quorum varies across different countries. For example, in Canada, the quorum for the House of Commons is set at 20 MPs, while in Italy, an absolute majority of members is required for a quorum in both houses of Parliament. In the Philippines, half of the membership (13 in the Senate) is needed for a quorum.
