Renewing a Motion

[Guest Harry]

If a motion to pass a resolution fails to pass because of a tie vote, can it be brought back up at a later meeting by a Motion to Renew or can it be rescinded?

[Weldon Merritt]

On 10/20/2023 at 10:51 AM, Guest Harry said:

If a motion to pass a resolution fails to pass because of a tie vote, can it be brought back up at a later meeting by a Motion to Renew or can it be rescinded?

There is no such thing as "a Motion to Renew,." You simply make the same motion again. This is referred to as "renewing the motion," but it's  not "a Motion to Renew."

The motion certainly can's be rescinded. Since the motion failed, there is nothing to rescind.

 

[Gary Novosielski]

On 10/20/2023 at 12:51 PM, Guest Harry said:

If a motion to pass a resolution fails to pass because of a tie vote, can it be brought back up at a later meeting by a Motion to Renew or can it be rescinded?

A motion that fails on a tie vote, or any failing vote, can be renewed by making the same motion again at a later meeting. Or of course, a somewhat similar motion could be made if it is believed to have a greater chance of success.

[Guest Harry]

Thank you for the responses. Our state municipal advisory service has advised that the motion can't be brought again unless something is materially different. I don't believe that can be the case.

[Josh Martin]

On 10/20/2023 at 2:38 PM, Guest Harry said:

Thank you for the responses. Our state municipal advisory service has advised that the motion can't be brought again unless something is materially different. I don't believe that can be the case.

This is what RONR says on this matter.

"If a motion is made and disposed of without being adopted, and is later allowed to come before the assembly after being made again by any member in essentially the same connection, the motion is said to be renewed. Renewal of motions is limited by the basic principle that an assembly cannot be asked to decide the same, or substantially the same, question twice during one session—except through a motion to reconsider a vote (37) or a motion to rescind an action (35), or in connection with amending something already adopted (see also 6:25). A previously considered motion may become a substantially different question through a significant change in the wording or because of a difference in the time or circumstances in which it is proposed, and such a motion may thus be in order when it could not otherwise be renewed." RONR (12th ed.) 38:1

"Any motion that is still applicable can be renewed at any later session, except where a specific rule prevents its renewal; and such an impediment to renewal at a later session normally can exist only when the first motion goes over to that session as not finally disposed of, in which case the question can then be reached through the first motion (see 9:7–11, 38:8–9)." RONR (12th ed.) 38:3

But it may be that there are rules outside of RONR on this matter. So you may wish to research that further before disregarding the advice you have received.

What type of assembly is this?

[Guest Harry]

It is a Town council for a small municipality.

[Josh Martin]

On 10/20/2023 at 3:59 PM, Guest Harry said:

It is a Town council for a small municipality.

For such an assembly, I would not be surprised if there are rules on this matter in the council's rules or applicable law.

[Guest Harry]

I think that each meeting is a session so that the provision from RONR that you cited simply means that the motion could not be renewed at that meeting.

[Dan Honemann]

On 10/20/2023 at 5:46 PM, Guest Harry said:

I think that each meeting is a session so that the provision from RONR that you cited simply means that the motion could not be renewed at that meeting.

Better take a look at your municipal charter (or its equivalent) to be sure about this.

[Atul Kapur]

Also check relevant state law. I know that some states define a municipal council's session as a year long.

[Josh Martin]

On 10/20/2023 at 4:46 PM, Guest Harry said:

I think that each meeting is a session so that the provision from RONR that you cited simply means that the motion could not be renewed at that meeting.

So far as RONR is concerned, it is correct that, generally, each meeting is a session. But it is not unusual for a legislative body to define a session otherwise.

"In a permanent society whose bylaws provide for regular weekly, monthly, or quarterly meetings that go through an established order of business in a single afternoon or evening, each “meeting” of this kind normally completes a separate session—unless the assembly at such a meeting schedules an adjourned meeting as explained in 9:17–19. This rule is the common parliamentary law and holds except where the bylaws provide otherwise. Although any society has the right to define, in its bylaws, what shall constitute a session of the organization, it is usually unwise in ordinary societies to adopt a rule making regular sessions last over a long period of time. Such a rule would make it possible for the hands of the organization to be tied during that time, since the same question cannot be brought up again during the same session after it is too late to reconsider (37) a vote that has finally disposed of a motion without adopting it (that is, a vote that has rejected or indefinitely postponed it or has sustained an objection to its consideration; see 11, 26)." RONR (12th ed.) 8:4