Rescind or amend something previously adopted
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The motion to rescind, repeal, or annul is used in parliamentary procedure to cancel or countermand a previous action or order.
[edit] Explanation and Use
| Class | Motion that brings a question again before the assembly |
|---|---|
| In order when another has the floor | No |
| Second | Yes |
| Debatable | Yes |
| Amendable | Yes |
| Vote Required | Majority with notice; or two-thirds; or majority of entire membership |
| Reconsider | Negative vote only |
[edit] Robert's Rules of Order Newly Revised (RONR)
Along with the motion to amend something previously adopted, it is one of two forms of the same incidental main motion; both follow the same rules.[1] A motion to postpone an event or action previously scheduled is a particular case of the motion to amend something previously adopted, and follows the same rules.[2]
Under RONR, it is also viewed as desirable to protect against instability arising from, for instance, slight variations in attendance. For this reason, the requirements for changing a previous action are greater than those for taking the action in the first place.[3] A motion to rescind, repeal or annul or amend something already adopted, for instance, requires a two-thirds vote, a majority with previous notice, or a majority of the entire membership.[4] Demeter's Manual imposes a similar requirement.[5]
When this motion is used in a committee, RONR requires a two-thirds vote unless all committee members who voted for the motion to be rescinded or amended are present or have received ample notice; in which case a majority vote is required.[4]
[edit] The Standard Code (TSC)
Under The Standard Code of Parliamentary Procedure, a repeal or amendment of something already adopted requires only the same vote (usually a majority) and notice that was needed to adopt it in the first place.[6] The philosophy is that "As a general rule, fewer than a majority should not be authorized to decide anything, and more than a majority should not be required for most decisions"; the book further states that the problem with situations in which a supermajority is required is that "the minority, not the majority, controls."[7]
[edit] Legislative Use
In legislative bodies, the motion to rescind is used for much the same purpose as the motion to reconsider; many court decisions treat the two motions as one motion. However, in legislative contexts, it is not the same as a motion to repeal. The difference between rescind and reconsider is that the motion to rescind is ordinarily applied to actions that have been taken and are already in effect. It has been described as being in the nature of a motion to amend by striking out the entire proposal and leaving nothing remaining. It is not in order when the question can be reached by a motion to reconsider. Once legislation has been actually enacted, it is too late to rescind. The vote required to rescind is the same as would be required to repeal the act which it sought to rescind (usually a majority).[8]
[edit] See also
[edit] References
- ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised, 10th ed., p. 293-299 (RONR)
- ^ RONR, p. 172,99,116
- ^ RONR, p. xlvii
- ^ a b RONR, p. 295
- ^ Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 165
- ^ Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 43 (TSC)
- ^ TSC, p. 130
- ^ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, 2000 ed., p. 321-323
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