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Call of the House: A Comprehensive Guide to Its Legal Implications
Definition & meaning
A call of the House is a formal motion used in legislative chambers to ensure that all members are present for a vote on a specific issue. This motion is particularly important when there is a lack of quorum, meaning not enough members are present to conduct official business. When a call of the House is issued, it empowers the presiding officer to instruct the sergeant-at-arms to locate and bring any absent members to the chamber. This process may involve issuing arrest warrants to compel attendance, ensuring that the necessary number of members can participate in the voting process.
Table of content
Legal use & context
The call of the House is primarily utilized in legislative contexts, such as the U.S. Senate and state legislatures. It serves as a mechanism to maintain order and ensure that legislative processes can proceed smoothly. This term is relevant in areas of law that involve governance, public policy, and legislative procedures. Users may find legal templates related to legislative motions or attendance requirements through resources like US Legal Forms, which can assist in managing these procedures effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a state legislature, during a crucial vote on a budget proposal, several members are missing. A member motions for a call of the House, prompting the presiding officer to order the sergeant-at-arms to locate the absent members and ensure they return to the chamber for the vote.
Example 2: (hypothetical example) A senator notices that a key vote on a public health bill cannot proceed due to missing members. They initiate a call of the House, leading to the sergeant-at-arms issuing warrants to bring absent senators back to the chamber.
State-by-state differences
State
Call of the House Procedures
California
Allows for a call of the House with specific quorum requirements.
Texas
Has distinct procedures for issuing calls and enforcing attendance.
New York
Utilizes a similar process, but with variations in quorum thresholds.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Quorum
The minimum number of members required to conduct business.
Motion
A formal proposal made for debate or decision in a meeting.
Sergeant-at-arms
An officer responsible for maintaining order in legislative bodies.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where a call of the House may be necessary, consider the following steps:
Consult your chamber's rules to understand the process for initiating a call.
Gather support from fellow members to ensure the motion is likely to pass.
Explore US Legal Forms for templates related to legislative motions if you need assistance in drafting the motion.
If the situation is complex or contentious, consider seeking advice from a legal professional.
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