§ 2 — Voting

New York § 2

• Jurisdiction: New York
• Law CMA: Assembly Rules

Text

§ 2. Voting. a. Every member who shall be within the bar of the House\nwhen a question is stated from the Chair shall vote thereon, provided,\nhowever, no vote shall be recorded for any member who is not present\nwithin the bar of the House at the time of such vote. The roll of\nabsentees shall not be called more than once. Unless otherwise directed\nby the Speaker, all votes shall be recorded electronically. A member may\nabstain from a vote only on the grounds that such vote will constitute a\nconflict of interest.\n b. The yeas and nays shall be taken individually of each member on the\nfinal passage of a bill and on any other question whenever required by\nany fifteen members (unless a division by yeas and nays be pending), and\nwhen so taken each member's affirmative or negative vote shall be\nentered through the electronic voting system or in such other manner as\nmay be prescribed by the Speaker and entered on the Journal. Such roll\ncall shall remain open for a period of not less than one minute, and\nshall be designated a slow roll call. During such roll call, no vote\nshall be recorded unless the member voting is at his or her regularly\nassigned seat or is serving or acting as Speaker, Majority or Minority\nLeader.\n c. In the event a slow roll call is not required pursuant to\nsubdivision b, the yeas and nays shall be taken by a fast roll call and\na member desiring to vote in the negative on such a roll call shall do\nso by entering a negative vote through the electronic voting system or\nin such other manner as may be prescribed by the Speaker. All other\nmembers shall be recorded in the affirmative. On such a roll call the\nClerk of the Assembly shall call the names of the members who are\nrecorded in the negative.\n d. The Speaker may allow a member to record his or her vote within\nfifteen minutes after the results of the roll call have been announced\nwhen such vote does not change the final result of the vote of the House\nand such member has been previously recorded on a roll call on a bill\nduring the legislative session day.\n e. Copies of all roll calls shall be made available to the Majority\nand Minority Leaders and representatives of the news media within thirty\nminutes after completion thereof and, as soon as practicable thereafter,\nshall be made available for public inspection at a place designated by\nthe Speaker.\n f. When less than a quorum vote on any subject under the\nconsideration of the House, it shall be in order, for any member to move\nfor a call of the House. Whereupon the roll of members shall be called\nby the Clerk of the Assembly. After completion of the call only the\nMajority Leader, or acting Majority Leader, may move that the call be\nmade a closed call of the House. Immediately following a closed call of\nthe House, the Clerk of the Assembly, upon request, shall read the names\nof the members who are not present in the House. Copies of each closed\ncall shall be available in the Office of Journal Operations at the end\nof each daily session. If it is ascertained that a quorum is present,\neither by answering to their names, or by their presence in the House,\nthe yeas and nays shall again be ordered by the Speaker, and if any\nmember present refuses to vote, such refusal shall be deemed a contempt,\nand unless purged, the House may order the Sergeant-at-Arms to remove\nsaid member or members without the bar of the House, and all privileges\nof membership shall be refused the person or persons so offending until\nthe contempt be duly purged.\n g. A member who was absent at the time a prior vote was taken upon\nany matter may, within thirty days following the date of his or her\nfirst recorded vote subsequent to such prior vote, file a statement of\nhow such member would have voted had he or she been present at the time\nof such prior vote. Such statement shall be in writing and filed with\nthe Clerk of the Assembly and the contents thereof shall be duly noted\non the roll call by such Clerk.\n