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Incidental main motions sans quorum


Sean Hunt

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When an assembly does not have a quorum, are incidental main motions in order generally? For instance, could a member move to change the limits of debate on all motions presented at the meeting, if he expects argument about whether to recess or adjourn* and doesn't want to belabour the point?

If the assembly subsequently receives a quorum, are the decisions of the inquorate meeting still in effect, or should they be automatically exhausted on the basis that they are not decisions of the assembly properly constituted, but merely the vestigial assembly setting rules for how it would achieve a quorum (having no power to do anything else)?

* Assume for the sake of an argument that the privileged motion to Adjourn is out of order for whatever reason, and the assembly can adjourn only by incidental main motion.

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When an assembly does not have a quorum, are incidental main motions in order generally? For instance, could a member move to change the limits of debate on all motions presented at the meeting, if he expects argument about whether to recess or adjourn* and doesn't want to belabour the point?

If the assembly subsequently receives a quorum, are the decisions of the inquorate meeting still in effect, or should they be automatically exhausted on the basis that they are not decisions of the assembly properly constituted, but merely the vestigial assembly setting rules for how it would achieve a quorum (having no power to do anything else)?

* Assume for the sake of an argument that the privileged motion to Adjourn is out of order for whatever reason, and the assembly can adjourn only by incidental main motion.

No, incidental main motions are not "in order generally." The actions that can be taken in the absence of a quorum are stated in RONR (11th ed.), p. 347, line 30 to p. 348, line 2:

"Even in the absence of a quorum, the assembly may fix the time to which to adjourn (22), adjourn (21), recess (20), or take measures to obtain a quorum. Subsidiary and incidental motions, questions of privilege, motions to Raise a Question of Privilege or Call for the Orders of the Day, and other motions may also be considered if they are related to these motions or to the conduct of the meeting while it remains without a quorum."

I don't think your example is very realistic, but the best the motion to limit debate could do is to affect any debatable motions that are in order in the absence of a quorum. Therefore, a motion to limit debate "on all motions presented at the meeting" would, in the absence of a quorum, be out of order to begin with.

If you're asking whether a motion made in the absence of a quorum to limit debate on all main motions to adjourn would still be in effect after a quorum is achieved, I would say that it is, since it is related to the motion to Adjourn.

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