Isabella Carter
Quorum refers to the minimum number of members of a group or organization that must be present for official business to be carried out. The concept of a quorum is an essential part of board governance. While the quorum number varies across different organizations, it is usually set by the organization's bylaws. For example, the quorum for the Oireachtas, the Irish parliament, for both the lower House, Dáil Éireann, and the upper House, Seanad Éireann, is 20 members. In the National Council of Austria, at least one-third of the representatives must be present to decide on a simple law. In the US, Article I, Section 5 of the Constitution states that a Majority of each [chamber] shall constitute a Quorum to do Business.
| Characteristics | Values |
|---|---|
| Minimum number of members for official business | Varies, but can be as low as 2 or 3 |
| Decisions made without a quorum | Null and void |
| Chairman's responsibility | To adjourn or suspend the House until a quorum is met |
| National Council of Austria | One-third of representatives (33.3%) for simple laws; half of members (50%) for constitutional laws |
| Constitution Act, 1867 (Canada) | 20 MPs |
| Congress of the Philippines | Half of the membership (13 in the Senate, 159 in the House of Representatives) |
| Turkish Constitution | One-third of the total number of members (184 out of 550) |
| Dáil Éireann (Irish parliament) | 20 members |
| Seanad Éireann (Irish parliament) | 20 members |
| Italian Constitution | Absolute majority |
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What You'll Learn
Quorum-busting and its prevention
Quorum-busting is a tactic used by a minority group to prevent a legislative body from attaining a quorum and block the adoption of a measure they oppose. This generally occurs when the quorum is a supermajority, as quorums of a majority or less of the membership mean that the support of a majority of members is always sufficient for the quorum.
Quorum-busting, also known as a walkout, has been used in various contexts. For example, in 2019, Republican state senators in Oregon made a series of walkouts in opposition to an emissions trading bill. Similarly, in 1842, a disappearing quorum tactic was used in the United States House of Representatives, where members refused to vote or walked out before a vote.
To prevent quorum-busting, legislative bodies have adopted rules such as the "call of the house." In the US, the Constitution provides that a minority of members may "compel" absent colleagues to attend, although the specific enforcement methods are left to each chamber. For instance, the Senate has occasionally directed its sergeant-at-arms to arrest members.
Additionally, some strategies can be employed to ensure a quorum is met. Providing enough notice to attendees, choosing convenient times and days for meetings, and adjusting the meeting time to allow for a higher attendance rate are all ways to increase the likelihood of reaching a quorum.
Overall, quorum-busting can be a disruptive tactic, and legislative bodies have implemented measures to discourage and prevent it. By establishing rules and leveraging communication and scheduling strategies, quorum-busting can be mitigated, ensuring that official business can be carried out effectively.
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The number of members required
In the US, Article I, Section 5 of the Constitution states that a "Majority of each [chamber] shall constitute a Quorum to do Business". However, the specific number of members required for a quorum can vary depending on the context and the rules established by each house or board. For example, in the US House of Representatives, there have been debates around the constitutionality of a "provisional quorum", which could allow as few as two members to constitute a quorum in emergency situations. On the other hand, the previous requirement for a quorum in the House was 15 members out of a total of 99 members, which was abolished in 1996.
In other countries, the quorum requirement is often set as a percentage of the total membership. For instance, in the National Council of Austria, at least one-third of the representatives (33.3%) must be present to decide on simple laws, while at least half of the members (50%) are required for passing constitutional laws. Similarly, Article 96 of the Turkish Constitution stipulates that the Turkish Grand National Assembly must have at least one-third of its total members (184 out of 550) present to convene and make decisions.
The quorum requirement can also vary within a country depending on the specific house or chamber. For example, in the Philippines, half of the membership is needed for a quorum in both the Senate (13 out of 26 members) and the House of Representatives (159 out of 318 members).
It's important to note that the absence of a quorum can have significant implications. In some cases, if a quorum is not met, official business cannot be conducted, and any votes taken may be considered null and void. Therefore, quorum-busting, or deliberately preventing a quorum from being met, can be used as a political tactic to delay or obstruct certain proceedings.
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The percentage of members required
In the National Council of Austria, at least one-third of the representatives (33.3%) must be present to decide on a simple law, while at least half of the members (50%) must participate for a constitutional law to pass. In addition, constitutional laws require the consent of at least two-thirds of the members present (66.6%). In the Congress of the Philippines, half of the membership is needed to form a quorum, which is 13 in the Senate and 159 in the House of Representatives.
The House of Commons of Canada sets a quorum of 20 MPs, while the Oireachtas, the Irish parliament, has a quorum of 20 members for both the lower House, Dáil Éireann, and the upper House, Seanad Éireann. Article 64 of the Italian Constitution prescribes that the quorum for both houses of Parliament is an absolute majority of their membership.
The quorum for Trustees' meetings is typically one-third of the total number of Trustees or five Trustees, whichever is greater, and it can be fixed by a decision of the Trustees. Nonprofit boards tend to establish a low percentage for a quorum, sometimes as few as two or three people.
Article 96 of the Turkish Constitution states that the Turkish Grand National Assembly shall convene with at least one-third of its members (33.3%) and make decisions by an absolute majority of those present. However, the quorum for decisions can never be less than a quarter plus one of the total number of members (25.1%).
In the United States, the quorum principle has been a part of parliamentary practice since before the Constitutional Convention, but the specific percentage required has been debated. While some have argued for a majority requirement, others believe that a lower quorum would be preferable. Article I, Section 5 of the Constitution states that a "Majority of each [chamber] shall constitute a Quorum to do Business," but the method of proving the presence of a quorum is not dictated.
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The Chairman's role in adjourning the House
Quorum refers to the minimum number of members of a governing body that must be present for official business to be carried out. The quorum principle is well-established in parliamentary practice.
The Chairman's discretion is also important in the adjournment process. For example, they may declare a recess when no other business is pending or in the case of an imminent threat to the safety of the House. During a recess, the House remains in session, and certain activities like filing reports or placing bills may still occur.
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Null and void decisions
The concept of a "quorum" is an essential part of board governance. It refers to the minimum number of members of a governing body that must be present for official business to be carried out. The quorum is usually set by the organization's bylaws.
If a quorum is not met, any business transacted is considered null and void. This means that decisions made in the absence of a quorum are not valid and do not need to be followed.
For example, in the case of a Trustees' meeting, if there is no quorum, no proposals can be voted on, except for the proposal to call another meeting. Similarly, in the National Council of Austria, at least one-third of the representatives must be present to decide on a simple law. If there are fewer than the required number of members, the meeting may be adjourned or suspended until a quorum is reached.
In some cases, a provisional quorum may be allowed in extraordinary circumstances, such as in response to a crisis or terrorist attack. However, this can be controversial and may be challenged in court.
The requirement for a quorum is to ensure that decisions are made by a reasonable majority and that no individual or small group has too much power, thereby ensuring that decisions are made for the good of the whole organization.
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Frequently asked questions
A quorum refers to the minimum number of members of a group or organization that must be present for official business to be carried out.
The quorum for the House of Representatives varies depending on the context. For example, in the US, the quorum is typically a majority of each chamber, while in the Philippines, half of the membership is needed to muster a quorum.
If a quorum is not met, the meeting may be adjourned or suspended until a quorum is reached. Any business transacted without a quorum is typically considered null and void, and certain decisions cannot be made.
