Casting vote

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A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock.

Examples of presiding officers who hold casting votes are the Speaker of the House of Commons in the United Kingdom and the President of the United States Senate (an ex-officio role of the Vice President of the United States).

In some legislatures, a casting vote may be exercised however the presiding officer wishes. For example, the Vice President of the United States may exercise their casting vote when the Senate is evenly divided according to their own personal beliefs; by virtue of the Vice President's political leanings and affiliations, the Vice President's political party is able to serve as the majority party in the Senate and elect one of their own to serve as Majority Leader.

In some other legislatures, by contrast, a casting vote can only be exercised according to strict rules or constitutional conventions. For example, the Speaker of the British House of Commons (a position whose functions and conventions of operation inspire similar roles in several other nations using the Westminster system) is expected by convention to follow Speaker Denison's rule (i.e. to vote to allow further discussion, if this is possible, and otherwise to vote in favour of the status quo). This in effect means "Yes/Yea/Aye" on the first and second reading of a bill, "No/Nay" on the third, "Yes/Yea/Aye" on the government's budget, and "No/Nay" on a motion of no confidence.

In the United States, the concept of a casting vote is not used in Robert's Rules of Order.

Not used in Robert's Rules of Order[]

Under some rules of parliamentary procedure, notably Robert's Rules of Order, the presiding officer does not have a casting vote in the way it is normally understood as a means to break ties. Instead, the officer has a normal vote but exercises it only after other members have voted and only if it would make a difference.[1] That allows the presiding officer to vote against a motion to bring it to a tie and defeat it (for instance, if the vote is 50-49, the presiding officer could defeat the vote by voting against) in addition to breaking a tie by voting in favour.[1] The intent behind the rule is to give the presiding officer the same voting rights as other but while preserving their impartiality whenever possible by not having them vote unless it would change the outcome.[1]

Exceptions[]

Some legislatures have abandoned the concept of a casting vote.

Australia[]

Some legislatures have a dual approach; for example, in the Australian Parliament:

  • The Speaker of the House of Representatives may not vote in general debates, but has a casting vote to decide a tie.
  • The President of the Senate usually votes in general debates, which are commonly based on party lines, but the President does not have a casting vote: a tied vote in the Senate defeats a bill.

Canada[]

The same arrangements as in Australia exist with respect to the Speakers of the Canadian House and Senate.

New Zealand[]

The Speaker of the New Zealand House of Representatives formerly held a casting vote, similar to that of the Speaker of the British House of Commons. Today, the Speaker simply votes as an ordinary member; since an outright majority is necessary for a bill to pass, a tied vote defeats a bill.

Philippines[]

In the Congress of the Philippines, the openly-partisan presiding officers of the two chambers have different rules on a casting vote:

  • In the Senate, the President of the Senate always votes, and always votes last; thus, if the motion is tied, it is lost.
  • In the House, the Speaker (or any presiding officer) only votes if there is a tie, other wise the presiding officer abstains; the Speaker or presiding officer's vote is usually based on party line.

United States[]

The Speaker of the United States House of Representatives has an equal right to vote with any other member of the House if they are a member of the House of Representatives (which they always have been in practice but need not be per the constitution), but to maintain the appearance of impartiality, typically does not do so unless it would make a difference, which is a de facto casting vote.

General elections[]

See also: List of close election results

United Kingdom[]

At one time, in United Kingdom parliamentary elections, the Returning Officer (if an elector in the constituency) was allowed to give an additional casting vote to decide the election if there was a tie between two or more candidates. An example of this power being used was in the Bandon by-election of 22 July 1831. This type of casting vote does not now exist; after the 1866 Helston by-election, Parliament allowed candidates who tied to both be elected.[2]

Ties in United Kingdom elections are now broken by drawing lots, using a method decided upon by the Returning Officer.[3]

Canada[]

In the Canadian provinces of Ontario and New Brunswick, the returning officer has a casting vote in the event of a tie.

Ties in Nova Scotia, Prince Edward Island, and the territory of Yukon, are now broken by lots as they are in the United Kingdom currently.

In the remaining provinces and territories, as well as in federal elections, a tie vote results in a by-election held to elect a new member (who need not have been a candidate in the first election).

See also[]

References[]

  1. ^ a b c "Frequently Asked Questions about RONR (Question 1)". The Official Robert's Rules of Order Web Site. The Robert's Rules Association. Archived from the original on 12 November 2004. Retrieved 2015-12-25.
  2. ^ Frederick Walter Scott Craig (1977). British Parliamentary Election Results 1832-1885. Springer. p. 149. ISBN 9781349023493.
  3. ^ "General Election 5th May 2005 Briefing Information (application/pdf Object)" (PDF). UK Department of Constitutional Affairs. p. 33. Retrieved 20 February 2009.

External links[]

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