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Who can move "Reconsider"?


Larry R.
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RONR, p. 316 lines 1-6 state two things: 1) that a member who voted by ballot with the prevailing side may move to reconsider if he is willing to waive the secrecy of his ballot, and 2) if the motion to be reconsidered was adopted by unanimous consent, all members present at the time qualify to move to reconsider. However, in the Study Guide for NAP Registration, p. 64, question #369 it indicates that only #1 above is correct and therefore, #2 as I have noted it above, must be incorrect. The way I read RONR, it is also possible for someone to move to reconsider if they were present when the motion being reconsidered was adopted by unanimous consent.  Is there a technical aspect of this I am missing? I need to know as I am planning to write the Part 2 Registration exam in a few weeks. Thanks in advance for clarifying.

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2 hours ago, Larry J. Randle said:

RONR, p. 316 lines 1-6 state two things: 1) that a member who voted by ballot with the prevailing side may move to reconsider if he is willing to waive the secrecy of his ballot, and 2) if the motion to be reconsidered was adopted by unanimous consent, all members present at the time qualify to move to reconsider. However, in the Study Guide for NAP Registration, p. 64, question #369 it indicates that only #1 above is correct and therefore, #2 as I have noted it above, must be incorrect. The way I read RONR, it is also possible for someone to move to reconsider if they were present when the motion being reconsidered was adopted by unanimous consent.  Is there a technical aspect of this I am missing? I need to know as I am planning to write the Part 2 Registration exam in a few weeks. Thanks in advance for clarifying.

Based upon the information provided, it appears that the Study Guide is in error (or perhaps the second answer is worded in a misleading manner - when it says “members present at the time,” it is not entirely clear what time it is referring to). All members who are present when a motion is adopted by unanimous consent are eligible to move to reconsider, as all of them are considered to have voted on the prevailing side.

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4 hours ago, Larry J. Randle said:

RONR, p. 316 lines 1-6 state two things: 1) ... 2) if the motion to be reconsidered was adopted by unanimous consent, all members present at the time qualify to move to reconsider. However, in the Study Guide for NAP Registration, p. 64, question #369 it indicates that only #1 above is correct and therefore, #2 as I have noted it above, must be incorrect.

Larry, go read question 369 more carefully. Pay particular attention to RONR lines 4-5 versus the answer that you say contradicts #2

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9 hours ago, Gary Novosielski said:

So I could read them and understand the apparent disparity.

Well, if there is some disparity understanding it will inform us as to exactly what the Study Guide got wrong. This might be helpful if there was some lack of clarity in the sentence on page 316, lines 2-6, but I don't see any. 

 

 

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6 hours ago, Daniel H. Honemann said:

Well, if there is some disparity understanding it will inform us as to exactly what the Study Guide got wrong. This might be helpful if there was some lack of clarity in the sentence on page 316, lines 2-6, but I don't see any. 

 

 

Yes, i was curious as to exactly what the Study Guide got wrong.  It would be helpful only in that it might have satisfied that curiosity.

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6 hours ago, Gary Novosielski said:

Yes, i was curious as to exactly what the Study Guide got wrong.  It would be helpful only in that it might have satisfied that curiosity.

It's possible that the Study Guide didn't get anything wrong, and that the OP just misread the question or the answers. But I don't have my copy handy to check (and even if I find it, it may not be the current one).

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3 hours ago, Weldon Merritt said:

It's possible that the Study Guide didn't get anything wrong, and that the OP just misread the question or the answers.

I believe that's exactly the situation and was trying to imply that in an earlier response. I'm reluctant to give details because (1) it takes away the learning from the Study Guide for others, and (2) it doesn't seem to fit the purpose of the forum.

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On 5/12/2018 at 6:28 PM, Guest Who's Coming to Dinner said:

Please post Question #369 and the given answer, verbatim.

Q. #369: If a motion was adopted by:

A. Unanimous consent, any member qualifies to move to reconsider it.

B. Ballot, a member who voted with the prevailing side must be willing to waive secrecy of his ballot in order to move to reconsider.

The answer key indicates that "B" is the only correct answer but my interpretation is that both of these answers are correct, though only one (B) is considered to be the correct answer. I really don't want this to mess me up when I'm writing the Part 2 exam. Thanks.

Edited by Larry J. Randle
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7 minutes ago, Larry J. Randle said:

Q. #369: If a motion was adopted by:

A. Unanimous consent, any member qualifies to move to reconsider it.

B. Ballot, a member who voted with the prevailing side must be willing to waive secrecy of his ballot in order to move to reconsider.

The answer key indicates that "B" is the only correct answer but my interpretation is that both of these answers are correct, though only one (B) is considered to be the correct answer. I really don't want this to mess me up when I'm writing the Part 2 exam. Thanks.

A is incorrect. Only members who were present at the time when a motion is adopted by unanimous consent may move to reconsider it.

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3 hours ago, Larry J. Randle said:

Q. #369: If a motion was adopted by:

A. Unanimous consent, any member qualifies to move to reconsider it.

B. Ballot, a member who voted with the prevailing side must be willing to waive secrecy of his ballot in order to move to reconsider.

The answer key indicates that "B" is the only correct answer but my interpretation is that both of these answers are correct, though only one (B) is considered to be the correct answer. I really don't want this to mess me up when I'm writing the Part 2 exam. Thanks.

Ah, thanks for posting it.  Now I see the problem, which Dan has spotted.  A is incorrect because a member who was not present when the motion was adopted may not move to reconsider it.  Because of the strict timeliness requirements for Reconsider, it's not typical that a person would be absent for the first motion, and present for the second, but not uncommon either.

Edited by Gary Novosielski
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