Eleanor Finch
A quorum refers to the minimum number of members of a body that must be present at meetings to legally transact business. Quorum requirements vary across different legislatures. For instance, in the US, a simple majority of members in both the House of Representatives and the Senate constitutes a quorum. In the Philippines, half of the membership is needed to muster a quorum. In Australia, the quorum for the House of Representatives is one-fifth of the MPs, while in the Senate, it is one-quarter of senators. Quorum-busting, or the use of quorum counts as a disruptive tactic, is considered disorderly in Australia, and members or senators who do so can be punished.
| Characteristics | Values |
|---|---|
| Australia House of Representatives | One-fifth or 31 MPs out of 151 |
| Australia Senate | One-quarter or 19 senators |
| National Council of Austria | One-third or 33.3% for simple laws; half or 50% for constitutional laws |
| New Zealand Parliament | No general quorum |
| Congress of the Philippines | Half of the membership (13 in the Senate and 159 in the House of Representatives) |
| Italian Houses of Parliament | Absolute majority unless 20 members in the Chamber of Deputies or 7 in the Senate request verification |
| Turkish Grand National Assembly | One-third or 184 out of 550 |
| US House of Representatives | Simple majority or 218 |
| US Senate | Simple majority or 51 |
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What You'll Learn
- Quorum-busting: a delaying tactic used to disrupt or avoid voting
- Quorum call: a 15-minute procedure to establish attendance, often used as a delaying tactic
- Participation quorum: the percentage of members required to be present, e.g. 33.3% in Austria
- Absolute majority: the quorum for both houses in Italy, as stated in Article 64 of its Constitution
- Country-specific variations: e.g. Australia allows quorum changes by ordinary legislation
Quorum-busting: a delaying tactic used to disrupt or avoid voting
Quorum-busting is a delaying tactic used to disrupt or avoid voting. While quorum-busting is almost unheard of in Australia, it has been known to happen in the US Senate. For instance, in 1877, senators employed filibustering tactics to prevent the Senate from reaching the 51% quorum required to conduct business. In 1893, senators demanded the yeas and nays for a vote but then refused to vote, resulting in a forty-hour-long session that produced only four votes. In 1988, Oregon Republican Senator Robert Packwood was physically carried into the chamber to establish a quorum on a campaign finance reform bill.
In the US, Article I, Section 5, Clause 1 of the Constitution states that a majority of each house (currently 218 in the House and 51 in the Senate) shall constitute a quorum to do business. However, the Twelfth Amendment provides for a lower quorum of 34 in cases where the election is decided by the House of Representatives.
In other countries, the quorum requirements vary. In Italy, an absolute majority of members is required for a quorum in both houses of Parliament. In New Zealand, there is no general quorum for the House to conduct business, while in the Philippines, half of the membership is needed to muster a quorum. In Austria, at least one-third of the representatives must be present to decide on a simple law, while at least half must participate for a constitutional law to pass.
While quorum-busting may be used as a tactic to disrupt or avoid voting, it is important to note that it is considered disorderly to call attention to a quorum when one exists, and members or senators who do so may be punished.
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Quorum call: a 15-minute procedure to establish attendance, often used as a delaying tactic
Quorum calls are a common procedure in the Senate and a rare occurrence in the House. They are a 15-minute process to establish attendance, but the duration can be altered at the presiding officer's discretion. If a Senator suggests that a quorum is not met, the Presiding Officer must call for a roll call. This is often used as a delaying tactic, allowing the Senate leadership time to address unexpected issues or wait for a late Senator to arrive.
Quorum-busting is a term used to describe the act of members of a legislative body preventing a quorum from assembling. While uncommon in Australia, it is not unheard of for parties to use quorum counts as a disruptive tactic. The Constitution, however, makes it challenging to implement rules restricting this practice due to the explicit mention of a quorum.
In the US, quorum-busting has a long history. The framers of the Constitution aimed to prevent quorum-busting by allowing a minority of members to compel absent colleagues to attend. The Constitution, however, left it to each chamber to determine how to enforce attendance. For the Senate, this meant that for its first 80 years, it relied on the honour of Senators to attend when their presence was requested.
In the Philippines, quorum-busting has been used by both the majority and minority blocs in Congress to defeat bills they oppose without putting them to a vote. Similarly, in Austria, the National Council requires at least one-third of representatives for simple laws and half of the members for constitutional laws. This allows for quorum-busting to be used as a delaying tactic.
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Participation quorum: the percentage of members required to be present, e.g. 33.3% in Austria
A quorum refers to the minimum number or percentage of members that must be present at a meeting for it to be considered valid. In the context of the House and Senate, a quorum is typically defined as a simple majority of their respective members. However, the specific percentage required for a quorum can vary across different legislative bodies and countries.
In the National Council of Austria, a participation quorum of 33.3% is required for deciding on simple laws. This means that at least one-third of the representatives must be present to make these decisions. For passing constitutional laws, however, a higher participation quorum of 50% is required, based on the total number of members. Additionally, constitutional laws also need the consent of at least two-thirds of the members present, further emphasizing the importance of a quorum in the legislative process.
The percentage-based quorum system is also observed in other countries. For example, in Australia, the Constitution sets the quorum for the House of Representatives and the Senate at one-third of the whole number of MPs and senators, respectively. However, the Parliament has the flexibility to amend these quorums, and in 1989, the House of Representatives (Quorum) Act reduced the quorum for the House to one-fifth, which is 31 MPs out of 151. Similarly, the Senate (Quorum) Act of 1991 lowered the quorum for the Senate to one-quarter, resulting in a quorum of 19 senators.
In the Congress of the Philippines, the quorum requirement is met when half of the membership is present, which equates to 13 in the Senate and 159 in the House of Representatives. In Italy, Article 64 of the Constitution stipulates that a quorum for both houses of Parliament is an absolute majority of their membership. On the other hand, New Zealand has no general quorum requirement for its House to conduct business, showcasing the varying approaches to quorum thresholds across different legislative systems.
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Absolute majority: the quorum for both houses in Italy, as stated in Article 64 of its Constitution
In Italy, the quorum for both houses of Parliament is an absolute majority of their membership, as stated in Article 64 of the Italian Constitution. This means that more than half of the members of each house must be present for a quorum to be met. A quorum is assumed to be present unless 20 members of the Chamber of Deputies or 7 members of the Senate request for its presence to be verified.
The concept of a quorum is important in legislative bodies, such as the House of Representatives and the Senate, as it ensures that a minimum number of members are present to conduct business and make decisions. In some countries, the quorum is set at a simple majority of the members, while in others, it may be a special majority or a specific number of members.
In the United States, for example, the Constitution states that a majority of each house shall constitute a quorum to do business. This means that a simple majority of the members in the House of Representatives and the Senate is required to meet the quorum. Similarly, in the Philippines, half of the membership of the Senate and the House of Representatives is needed to form a quorum.
On the other hand, countries like Australia have a lower quorum requirement. According to its Constitution, one-third of the members are required for a quorum in the Senate, while the House of Representatives amended this number down to one-fifth of the members. Additionally, in Austria, at least one-third of the representatives must be present to decide on a simple law, while half of the members must participate for a constitutional law to pass.
By requiring a quorum, legislative bodies ensure that important decisions are made with the participation of a sufficient number of members, thus preventing a small group from making decisions on behalf of the entire body.
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Country-specific variations: e.g. Australia allows quorum changes by ordinary legislation
Quorum rules vary across different countries and their legislative bodies. In Australia, quorum-busting is rare, but parties have been known to use quorum counts as a disruptive tactic. Sections 22 and 39 of the Australian Constitution initially set the quorum for sittings of the House of Representatives and the Senate at one-third of the total number of MPs and senators, respectively. However, Australia stands out by allowing its parliament to change the quorum for each house through ordinary legislation. The House of Representatives (Quorum) Act 1989 amended the quorum to one-fifth, or 31 MPs in the current House of 151 MPs. Similarly, the Senate (Quorum) Act 1991 lowered the quorum in the Senate to one-quarter, or 19 senators.
In the United States, the Constitution sets the quorum in both the House of Representatives and the Senate as a simple majority of their members (218 in the House and 51 in the Senate). The Twelfth Amendment specifies a quorum of two-thirds of the states (as low as 34) in cases where no candidate for President receives a majority in the Electoral College, and the election goes to the House of Representatives. When no Vice-Presidential candidate receives a majority, the Senate decides with a quorum of two-thirds of the whole number of Senators (67).
Other countries have different quorum requirements. For instance, the Italian Constitution prescribes an absolute majority of members for a quorum in both houses of Parliament. In contrast, New Zealand's Parliament has no general quorum requirement for the House to conduct business, having abolished it in 1996. The Congress of the Philippines requires half of its membership for a quorum, and Turkey's Grand National Assembly follows a similar rule, mandating one-third of its members for a quorum.
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Frequently asked questions
In the US, a quorum is a simple majority of the members of each chamber. That means 218 in the House and 51 in the Senate.
Quorum-busting is when parties deliberately use quorum counts as a disruptive tactic. For example, in the US Senate, members have been known to flee the state to avoid being counted for a quorum.
If a quorum isn't met, a roll call is done. If there is still an insufficient number of members, the meeting is adjourned.
The number of members required for a quorum varies by country. In Australia, a quorum is one-third of MPs and senators, while in Italy, a quorum is an absolute majority of members. In the Philippines, half of the membership is needed in both houses to muster a quorum.
