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Withdraw a Motion


Tomm

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On 2/4/2024 at 3:07 PM, Tomm said:

Am I understanding this correctly that the motion does not require a second only if the initial request was first made by the maker?

If any other member who moves that the motion be withdrawn, it must be seconded

What motion are you referring to?  This question appears to relate to something that is perhaps the topic of a different thread. l It is best to ask follow-up questions about a topic in the same thread.

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I'm referring to the motion to Withdraw a motion.

If the request is made by the maker after the motion has been stated, and it does not receive unanimous consent, another member can make the motion and that motion does not require a second because more than one person has made the request. However, if a member in the assembly makes the initial motion to withdraw, then that motion would require a second.

Is that correct?

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On 2/4/2024 at 3:39 PM, Tomm said:

I'm referring to the motion to Withdraw a motion.

If the request is made by the maker after the motion has been stated, and it does not receive unanimous consent, another member can make the motion and that motion does not require a second because more than one person has made the request. However, if a member in the assembly makes the initial motion to withdraw, then that motion would require a second.

Is that correct?

Yes, that is correct.  You've got it!

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On 2/4/2024 at 4:39 PM, Tomm said:

if a member in the assembly makes the initial motion to withdraw, then that motion would require a second.

I have highlighted the word "initial" because it suggests a misunderstanding. Remember that the motion made by someone other than the maker of the motion is not "that the motion be withdrawn" but “that permission to withdraw the motion be granted," such permission having been requested by the maker.

If you make a motion and it is seconded and stated by the chair, then I, or anyone else, cannot make a motion to Withdraw that motion. The mover is the only one allowed to Request Permission to Withdraw the Motion (33:11, 33:13, and 33:14).

If you made the motion, then I "can suggest that the maker of a motion ask permission to withdraw it" but you "can do or decline to do" as you choose. (33:16)

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If the maker of the main motion makes a unanimous consent request for permission to withdraw the main motion, and there is an objection, the chair treats the request as if a motion, Permission to Withdraw a Motion, had been made and proceeds immediately to handle the motion in the regular way.  See RONR (12th ed.) 4:59.

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On 2/6/2024 at 7:32 AM, Rob Elsman said:

If the maker of the main motion makes a unanimous consent request for permission to withdraw the main motion, and there is an objection, the chair treats the request as if a motion, Permission to Withdraw a Motion, had been made and proceeds immediately to handle the motion in the regular way.  See RONR (12th ed.) 4:59.

That is no my understanding of the process.  According to 33:15, the chair MAY treat the unanimous consent request as a motion of there is an objection, but he is not obligated to.  The chair has the choice of treating it simply as the unanimous consent request being denied and then proceed to the next order of business OR he can put the request to the assembly for a vote as to whether the request shall be granted.  There is still another option:  If the chair does not put the request to the assembly, another member may formally move that the request be granted. 

The chair is not obligated to put the request to withdraw a motion to the assembly as a motion unless a formal motion to do so is made.

Edited to add:  I believe the section cited by Mr. Elsman, 4:59 may be used when there has been a formal motion made to do something, not merely a request as in a request to withdraw a motion utilizing the procedure in 33:14-15.

Edited by Richard Brown
Added last paragraph
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On 2/6/2024 at 4:38 PM, Richard Brown said:

The chair has the choice of treating it simply as the unanimous consent request being denied and then proceed to the next order of business...

Never.  The maker of the request should never be put in the position of being denied his right to make a motion simply because he misjudged the appropriateness of making his request in the form of a unanimous consent request.

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On 2/6/2024 at 7:56 PM, Rob Elsman said:

Never.  The maker of the request should never be put in the position of being denied his right to make a motion simply because he misjudged the appropriateness of making his request in the form of a unanimous consent request.

Well, of course the member who made the request to withdraw a motion may make a formal motion to withdraw the motion if there is an objection to his unanimous consent request.  Likewise, any other member may move to grant the other member permission to withdraw his motion if the unanimous consent request is denied.   The request or formal motion to withdraw the original motion must be made before voting on the question begins.  33:16 RONR (12th ed.).

However, you and I may still disagree.  I maintain that section 33:15 is quite clear that the chair MAY, but isn't required to, put the matter to the assembly in the absence of a formal motion. The initial request to withdraw a motion is a REQUEST, not a motion. The chair may insist that a formal motion be made, either by the member who originally made the unanimous consent request or by another member. If the motion is made by the member who made the unanimous consent request, it must be seconded.  If it is made by another member, it does not require a second because it is assumed that the member who made the unanimous consent request also wants his original motion to be withdrawn.

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On 2/6/2024 at 8:32 AM, Rob Elsman said:

If the maker of the main motion makes a unanimous consent request for permission to withdraw the main motion, and there is an objection, the chair treats the request as if a motion, Permission to Withdraw a Motion, had been made and proceeds immediately to handle the motion in the regular way.  See RONR (12th ed.) 4:59.

I do believe that RONR says or implies that in more than one place, but it's always bothered me as it apparently is a way to introduce a main motion without a second—unless by "in the regular way" we mean waiting for a second.

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I see no reason to inject a superfluous formality into what should be a fairly perfunctory procedure.  Indeed, were I in the chair, and the number of objections to the unanimous consent request were few, I would judge that guidance was sufficient, omit asking for a second, and immediately put the question.

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