Reconsideration of an Objection to the Consideration of a Question

[Wright Stuff]

A 2/3 negative vote to an Objection to the Consideration of a Question (§26) is required to sustain the objection. However, only a majority is required to Reconsider (§37) the Objection. It seems like the lower threshold for Reconsideration invites disruption. Can someone explain the logic behind the difference between a 2/3 vote to sustain and a majority vote to reconsider (understanding that a majority is all that is required for a Motion to Reconsider?)

[J. J.]

2/3 are no longer opposed to considering the question.

[Shmuel Gerber]

On 8/2/2023 at 11:47 AM, Wright Stuff said:

A 2/3 negative vote to an Objection to the Consideration of a Question (§26) is required to sustain the objection. However, only a majority is required to Reconsider (§37) the Objection. It seems like the lower threshold for Reconsideration invites disruption. Can someone explain the logic behind the difference between a 2/3 vote to sustain and a majority vote to reconsider (understanding that a majority is all that is required for a Motion to Reconsider?)

This is explained in RONR (12th ed.) 26:6.

[Wright Stuff]

I understand both responses (and had read 26:6), but I'm wondering how these motions play out in the real world. It seems that these rules are ripe for dilatory use. 

[Gary Novosielski]

On 8/2/2023 at 11:47 AM, Wright Stuff said:

A 2/3 negative vote to an Objection to the Consideration of a Question (§26) is required to sustain the objection. However, only a majority is required to Reconsider (§37) the Objection. It seems like the lower threshold for Reconsideration invites disruption. Can someone explain the logic behind the difference between a 2/3 vote to sustain and a majority vote to reconsider (understanding that a majority is all that is required for a Motion to Reconsider?)

If the objection was sustained, fewer than one third of the voters favored consideration of the question.  But if Reconsider passes, that means that a majority of the voters now favor consideration.  If reconsideration passes, we proceed directly to consider the question, since a majority is greater than one third.

[Atul Kapur]

On 8/2/2023 at 1:05 PM, Wright Stuff said:

I understand both responses (and had read 26:6), but I'm wondering how these motions play out in the real world. It seems that these rules are ripe for dilatory use. 

The dilatory effect of reconsidering a sustained objection to consideration is limited -- you could even say minimal -- because this motion to reconsider is undebatable.

Edited August 2, 2023 at 08:36 PM by Atul Kapur

[Josh Martin]

On 8/2/2023 at 10:47 AM, Wright Stuff said:

A 2/3 negative vote to an Objection to the Consideration of a Question (§26) is required to sustain the objection. However, only a majority is required to Reconsider (§37) the Objection. It seems like the lower threshold for Reconsideration invites disruption. Can someone explain the logic behind the difference between a 2/3 vote to sustain and a majority vote to reconsider (understanding that a majority is all that is required for a Motion to Reconsider?)

As others have noted, if there is a majority vote to reconsider, then there is no longer a 2/3 vote in favor of the Objection to Consideration.

This is not unique to Objection to Consideration. The motion to Reconsider requires a majority vote for adoption even if the underlying motion requires a 2/3 vote.

I am not entirely certain what "disruption" this is believed to invite. Could you elaborate?

On 8/2/2023 at 12:05 PM, Wright Stuff said:

I understand both responses (and had read 26:6), but I'm wondering how these motions play out in the real world.

The particular scenario you describe, in which Objection to Consideration is made and adopted and subsequently reconsidered, is one I have never seen in the real world, so I am not entirely certain how it would play out in the real world. (I've seen both of these motions individually, but never the two together.) How it would play out in the theoretical world would be that a member who voted on the prevailing side of Objection to Consideration would move to Reconsider. Barring some unusual circumstances, this motion would likely be promptly defeated.

On 8/2/2023 at 12:05 PM, Wright Stuff said:

It seems that these rules are ripe for dilatory use.

It's still unclear to me what "dilatory use" you envision with respect to this scenario. The motion to Reconsider is not debatable if the motion it proposes to reconsider is not debatable. So to the extent the unusual situation arises that the assembly adopts Objection to Consideration of a Question, and a member than subsequently moved to Reconsider for dilatory purposes, this tactic would not seem to be very successful, since the assembly would swiftly defeat the motion to Reconsider.

On the other hand, if the member has, in fact, managed to change enough members minds that there is a majority in support of the motion to Reconsider (and there is therefore no longer a 2/3 vote in support of suppressing the question), then there is nothing dilatory, since it is apparently the will of the assembly to now consider the underlying question, and this motion has furthered the assembly's will.

Edited August 2, 2023 at 09:22 PM by Josh Martin