In
law, a 'quorum' is the minimum number of members of a
deliberative body necessary to conduct the business of that group. Ordinarily, this is a majority of the people expected to be there, although many bodies may have a lower or higher quorum. Two countries that have had previous troubles with quorums are the
United Kingdom and the
United States of America.
Quorum as a tool
When quorum is not met, a legislative body cannot hold a vote, and cannot change the
status quo. Therefore, voters who are in ''favor'' of the status quo are able to use an obstructive strategy called, in the
United States, ''quorum-busting''. If a significant number of voters choose not to be present for the vote, the vote will fail due to lack of quorum, and the status quo will remain.
A quorum in a legislative body is normally a
majority of the entire membership of the body. If there are vacancies, that fact is not considered. Thus, a quorum of a legislative body that has 100 seats would be 51 (more than half of 100), even if some seats are vacant. However, it is also common in a legislative body to have a rule that the lack of a quorum does not affect the proceedings unless a
point of order is raised.
United Kingdom
The
House of Lords of the
Parliament of the United Kingdom can decide on
procedural issues with only three members present (out of 753).
A quorum in the
House of Commons is forty.
United States
According to
Article One of the United States Constitution, the
United States House of Representatives and the
United States Senate each have a quorum of a
simple majority of their respective members. The Senate has the additional requirement in Rule VI of its
standing rules of a "majority of the members duly chosen and
sworn."
The IRS requires
501(c)(3), non-profit organizations to have a quorum present at their required, yearly meetings. If it is not, then not only can they not vote, but they must also have another meeting.
Quorum-busting in the United States
A prominent example of quorum-busting occurred in
2003, when the
Texas House of Representatives was going to vote on a
redistricting bill that would have favored the
Republicans in the state. The House
Democrats, certain of defeat if a quorum were present, chose not to be present in the House that day, but instead took a plane to
Oklahoma, preventing the bill from passing due to a lack of a quorum. Legislative bodies often have rules to discourage quorum-busting. In many U.S. legislative bodies, such as the
United States Senate and
House of Representatives, if there is no quorum present a
call of the house could be ordered, which would cause absent members to be arrested and brought to the floor of the body. This was the reason that the
Killer D's fled to Oklahoma, which is outside of the jurisdiction of Texas law. The Killer D's effectively killed the legislation by staying in Oklahoma long enough to let the legislation expire.
The same year, the
Texas Eleven, of the Texas Senate, fled to New Mexico to prevent a quorum of the Senate to prevent another redistricting bill during a special legislative session. Though the Democrats stayed in New Mexico for 46 days, one democrat returned to Texas, creating a quorum; because there was now no point in staying in New Mexico, the Texas Eleven Minus One returned to Texas to oppose the bill with votes in opposition. The bill ultimately passed both the House and the Senate as the
2003 Texas redistricting legislation, which was ruled constitutional by the US Supreme Court in 2006, though Congressional District 23 was deemed an unconstitutional case of
gerrymandering.
The technique of the
disappearing quorum (refusing to vote although physically present on the floor), was used by the minority to block votes in the US House of Representatives until 1890.
Ordinary societies
In an ordinary society (such as a local club), if the quorum is not specified in the organization's
bylaws, it is a majority of the members
[1]. This can cause problems because, in most such organizations, only a smaller portion of the membership usually comes to meetings, and without a quorum, no business may be done. It may be impossible to correct this problem within the bounds of
parliamentary procedure. For this reason, it is a good idea to include a provision in the bylaws setting the quorum at some smaller number.
Online communities
When votes are held in large online communities, where it may never be the case that a majority of the members are "present", the effect of quorum is different. Being absent from the vote no longer requires particular effort, but is the default case: voters are usually assumed to be absent unless they cast a vote. Online communities therefore tend to have quorums that are much less than a majority of the members.
In such votes, a non-
monotonic aspect can be introduced: a voter can inadvertently swing a vote from failing to passing by voting "no", if a majority has voted "yes" and that "no" vote is the one that causes quorum to be met. With no penalty for being absent, voters are faced with a strategic choice between voting "no" and not voting.
The
Debian project has addressed this issue in its voting mechanisms with the idea of ''per-option quorum''. A quorum is not set on the total number of votes, but on the number of votes a particular option (besides the status quo) must receive before it is considered. For example, in a yes/no vote, the quorum may say that at least 40 "yes" votes are required, along with "yes" having a majority of votes, for the vote to pass.
Sub-Quorum
'Sub-Quorum' is a method, permitted by the governing rules of some organizations, allowing meetings to make decisions with only half the required number of people present. A decision made using Sub-Quorum would have to be ratified at a meeting with a full quorum. The system is widely used in
Student Unions.
[1]
Etymology
The word "quorum" is Latin,
genitive plural of the
relative pronoun ''qui'', and means "of whom", taken from a phrase meaning "''of whom'' such-a-number must be present".
Later someone treated it as a
noun and made from it the adjective "
quorate" = "of a meeting, having a quorum present" from it.
Quotes
Quorum, n. A sufficient number of members of a deliberative body to have their own way and their own way of having it. In the United States Senate a quorum consists of the chairman of the Committee on Finance and a messenger from the White House; in the House of Representatives, of the Speaker and the devil.
-- Ambrose Bierce (1842 - 1913) The Devil's Dictionary
References
1. "In any other deliberative assembly with enrolled membership whose bylaws do not specify a quorum, the quorum is a majority of all the members." — ''Robert's Rules of Order Newly Revised'', 10th edition, Perseus Books Group, Cambridge MA, 2000, page 335, lines 12-14.
External links
★
Quorum in the Debian Voting System
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Voting and Quorum Procedures in the U.S. Senate [pdf ~ 55k]
★
Seattle PI article on the Texas Democratic walkout
★
Washington Post article on the 2004 elections in Texas and Texas Politics (under the results tables)
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Entry in The Devil's Dictionary for Quorum