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Previous question on all pending questions effect on division of a question


paulmcclintock

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A: I move that we paint the meeting room red and buy a new gavel.
B: I call for a separate vote on buying a new gavel.
Chair: We will have a separate vote on buying a new gavel. The question is on the motion that we paint the meeting room red.
C: I move to strike out "red" and insert "green."
D: I move the previous question on all pending questions. [Adopted]

Question, has the previous question been ordered for buying a new gavel?  I.e., is it pending?

The explanation of "immediately pending" on page 60 pertains to main motions in connection with subsidiary motions, but the example gavel motion isn't subsidiary.  It automatically comes up as a main motion after the painting question is disposed of, though, so in some sense it seems to be pending while the painting motion is pending.

Scenario 2:
Similarly, if main motion MM1 is pending, and is "postponed till after consideration of [main] motion to __" [MM2], and MM2 is made and has an amendment pending, and teh previous question on all pending questions is ordered, does it include MM1?

Scenario 3:
MM1 is interrupted by a special order, which then has an amendment offered. Does ordering the previous question on all pending questions include MM1?

These examples have an amendment in them, but if the answer if Yes to the above, then it seems the even without an amendment the assembly could order the previous question on all pending questions to include the other motions previously made but not yet disposed of and which automatically become immediately pending when the priority pending motions are disposed of.  Correct?

Perhaps this is all clear in RONR, but I couldn't find it. Thanks in advance for your feedback.

 

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4 hours ago, paulmcclintock said:

A: I move that we paint the meeting room red and buy a new gavel.
B: I call for a separate vote on buying a new gavel.
Chair: We will have a separate vote on buying a new gavel. The question is on the motion that we paint the meeting room red.
C: I move to strike out "red" and insert "green."
D: I move the previous question on all pending questions. [Adopted]

Question, has the previous question been ordered for buying a new gavel?  I.e., is it pending?

The explanation of "immediately pending" on page 60 pertains to main motions in connection with subsidiary motions, but the example gavel motion isn't subsidiary.  It automatically comes up as a main motion after the painting question is disposed of, though, so in some sense it seems to be pending while the painting motion is pending.

Scenario 2:
Similarly, if main motion MM1 is pending, and is "postponed till after consideration of [main] motion to __" [MM2], and MM2 is made and has an amendment pending, and teh previous question on all pending questions is ordered, does it include MM1?

Scenario 3:
MM1 is interrupted by a special order, which then has an amendment offered. Does ordering the previous question on all pending questions include MM1?

These examples have an amendment in them, but if the answer if Yes to the above, then it seems the even without an amendment the assembly could order the previous question on all pending questions to include the other motions previously made but not yet disposed of and which automatically become immediately pending when the priority pending motions are disposed of.  Correct?

Perhaps this is all clear in RONR, but I couldn't find it. Thanks in advance for your feedback.

 

In my opinion, the answer to all three questions is "no".

As used in RONR, “pending” is a term of art, and there cannot be more than one main motion “pending” at a time. As a consequence, under the rules in Standard Characteristic 2 of the motion for the Previous Question, there can never be more than one main motion pending in any “series of pending debatable or amendable motions” on which the Previous Question may be ordered.

If a main motion is temporarily disposed of (postponed, referred to a committee, etc.), it obviously ceases to be pending, and no subsidiary motion can be applied to it until it has been brought back again before the assembly.

If consideration of a main motion is interrupted by a question of privilege or a special order, it is no longer pending, and no subsidiary motion can be applied to it until it becomes pending once again following disposition of the question of privilege or special order. If, during consideration of the question of privilege or special order, the Previous Question is ordered on all pending questions, the order will not apply to the motion which was interrupted.

A main motion can be divided after the Previous Question has been ordered on it (in which event the Previous Question will continue to be applicable to each of the divided parts), but the Previous Question cannot be ordered on any part of a main motion after it has been divided other than on that part of the motion which is pending at the time.

 

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  • 2 months later...
On 2/24/2018 at 4:18 AM, Daniel H. Honemann said:

A main motion can be divided after the Previous Question has been ordered on it (in which event the Previous Question will continue to be applicable to each of the divided parts), but the Previous Question cannot be ordered on any part of a main motion after it has been divided other than on that part of the motion which is pending at the time. 

Suppose Division of the Question applies to an amendment, with the first part immediately pending when Previous Question is ordered on all pending motions.  I assume that the PQ will also apply to the other parts.

E.g.

I move the following Resolution:
   Whereas A;
   Whereas B;
   Resolved C.

I move to amend by inserting before Resolved the following:
   "Whereas C;
   Whereas D;".

While C is immediately pending, the previous question on all pending questions is moved and adopted.

My assumption is that D is included in that order.

If the assumption is correct, then:

When a main motion is divided and the previous question on all pending questions is ordered, the order does not apply to unreached divided parts.

When an amendment is divided and the previous question on all pending questions is ordered, the order does apply to unreached divided parts.

 

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5 hours ago, paulmcclintock said:

Suppose Division of the Question applies to an amendment, with the first part immediately pending when Previous Question is ordered on all pending motions.  I assume that the PQ will also apply to the other parts.

I think this assumption is correct. If a proposed amendment to a pending main motion is divided into two or more parts, and if, while the first of these parts is immediately pending, a motion to order the previous question on all pending questions is moved and adopted, the order applies to all parts of the divided amendment as well as to the main motion itself.

 

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