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Motion to Suspend the Rules to enable Motion to Reconsider to be made by member voting on the losing side of an issue or not present at the meeting at which vote was taken.


Rhonda

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On 5/3/2023 at 3:53 PM, Rhonda said:

Has anyone used a motion to suspend rules to enable member not voting on prior resolution or member voting on the losing side to move for reconsideration (not at committee level)? 

Yes, it was done at a convention of the National Association of Parliamentarians and caused quite a stink (so I heard, I wasn't there).  In any event, the rule requiring that this motion must be made by a member who voted on the prevailing side is designed as a protection against its dilatory use by a defeated minority (37:10(a)) and hence is not one that can be suspended except under some rather extraordinary circumstances.

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If a member of the losing side is not able to find a qualifying member willing to make the motion, there is little hope that the motion, Reconsider, would be adopted. I see nothing to be gained by moving to suspend the rules that interfere with a member on the losing side making the motion.

An alternate route is for the member to obtain the floor and very briefly express the desire for a qualifying member to come forward and make the proper motion. Forget all the rigamarole about suspending the rules.

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On 5/3/2023 at 5:36 PM, Dan Honemann said:

Yes, it was done at a convention of the National Association of Parliamentarians and caused quite a stink (so I heard, I wasn't there).  In any event, the rule requiring that this motion must be made by a member who voted on the prevailing side is designed as a protection against its dilatory use by a defeated minority (37:10(a)) and hence is not one that can be suspended except under some rather extraordinary circumstances.

Would doing so create a breach of a continuing nature? 

 

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On 5/4/2023 at 9:14 AM, J. J. said:

Would doing so create a breach of a continuing nature? 

 

If by this question you are positing a situation where a motion  is made to suspend the rules in order to allow a member who did not vote on the prevailing side to move to reconsider and this motion is stated by the chair, voted on, and declared to have been adopted, then no, I do not think that this will create a breach of a continuing nature.

 

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On 5/4/2023 at 9:38 AM, Dan Honemann said:

If by this question you are positing a situation where a motion  is made to suspend the rules in order to allow a member who did not vote on the prevailing side to move to reconsider and this motion is stated by the chair, voted on, and declared to have been adopted, then no, I do not think that this will create a breach of a continuing nature.

 

I agree.

 

However, based on the definition in 39:1, I would not class a motion adopted by two-thirds or more of the members voting as being dilatory.  It is obviously not an attempt to "obstruct or thwart the will of the assembly."

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On 5/4/2023 at 10:06 AM, J. J. said:

I agree.

 

However, based on the definition in 39:1, I would not class a motion adopted by two-thirds or more of the members voting as being dilatory.  It is obviously not an attempt to "obstruct or thwart the will of the assembly."

Adoption of a motion obviously is never dilatory.  With respect to the rule in question here, it is the making a motion to suspend the rule concerning eligibility to make a motion to reconsider that is usually dilatory, and should not be entertained.

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On 5/4/2023 at 10:36 AM, Dan Honemann said:

Adoption of a motion obviously is never dilatory.  With respect to the rule in question here, it is the making a motion to suspend the rule concerning eligibility to make a motion to reconsider that is usually dilatory, and should not be entertained.

That begs the question.  I can, easily, see situations where moving to suspend the rules in this case will not " obstruct or thwart the will of the assembly," but will express that overwhelming will. 

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