59–006 

House Calendar No. 126 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–355 

INTERIM REPORT OF THE SELECT COMMITTEE TO 

INVESTIGATE THE VOTING IRREGULARITIES OF 

AUGUST 2, 2007 

SEPTEMBER 27, 2007.—Referred to the House Calendar and ordered to be printed 

Mr. DELAHUNT, from the Select Committee to Investigate the 

Voting Irregularities of August 2, 2007, submitted the following 

R E P O R T 

CONTENTS 

Page 

Introduction: Creation of the Select Committee .................................................... 1 

Status of the Select Committee’s Investigation .................................................... 3 

Areas of Investigation ............................................................................................. 4 

Recommendations to the House ............................................................................. 7 

Committee Consideration ........................................................................................ 7 

Appendix: House Rules Related to Voting ............................................................. 7 

INTRODUCTION: CREATION OF THE SELECT COMMITTEE

On August 3, 2007, the House by voice vote, agreed to H. Res. 

611, creating the Select Committee to Investigate the Voting Irregularities of August 2, 2007 (the ‘‘Select Committee’’). The resolution 

bestowed upon the Select Committee authority to ‘‘investigate the 

circumstances surrounding the record vote requested by the gentleman from California (Mr. Lewis) on the motion to recommit to 

H.R. 3161, including the Chair’s ruling over the objections of the 

Parliamentarian.’’ The Select Committee was directed in the resolution to make an interim report to the House not later than September 30, 2007, and a final report not later than September 15, 

2008, ‘‘regarding the actions of any Members, officers, or employees 

of the House engaged in the disenfranchisement of Members in voting on the question; and recommending changes to the rules and 

procedures of the House of Representatives necessary to protect the 

voting rights of the constitutionally elected Members chosen by the 

people of the United States of America.’’ 


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The House’s agreement to the resolution on August 3 followed a 

sequence of events on August 2 related to Roll Call Vote No. 814 

on the motion to recommit H.R. 3161 with instructions offered by 

Representative Jerry Lewis (the ‘‘Motion to Recommit’’). Following 

a voice vote on the Motion to Recommit, Mr. Lewis demanded the 

yeas and nays, which were ordered, and the vote was taken by electronic device. The time allowed to vote was a minimum of 15 minutes, as provided for by clause 2(a) of rule XX. Determining as precisely as possible what happened over the several minutes following the Speaker pro tempore’s announcement, as shown in the 

Congressional Record, that two minutes remained for Members to 

vote on the Motion to Recommit is one important purpose for which 

the Select Committee was established: to report on actions of Members, officers, or employees of the House engaged in the disenfranchisement of Members in voting on the question. During the vote 

in question the Speaker pro tempore first announced that there 

were 214 yeas and 214 nays and that the motion was not agreed 

to and the Speaker pro tempore subsequently announced that the 

vote was 212 yeas and 216 nays and that the motion was not 

agreed to. The proponent of H. Res. 611 has alleged that the 

Speaker pro tempore’s first announcement of the vote was erroneous and that the motion had been agreed to because the electronic voting display read ‘‘FINAL 215–213.’’ Determining as precisely as possible what happened over the 

several minutes following the Speaker pro tempore’s announcement, as shown in the Congressional Record, that two minutes remained for Members to vote on the Motion to Recommit is also important for the other purpose for which the Select Committee was 

established: to make recommendations, following its investigation, 

of changes to rules and procedures of the House that are needed 

to protect Members’ voting rights. 

The text of the resolution as agreed to by the House is as follows: 

H. RES. 611 

In the House of Representatives, U.S., 

August 3, 2007. 

Resolved, That— (1) the Officers of the House of Representatives are immediately directed to preserve all records, documents, recordings, electronic transmissions, or other material, regardless of form, related to the voting irregularities of August 2, 2007; 

(2) there is hereby established a select committee to investigate the voting irregularities of August 2, 2007 (hereinafter referred to as the ‘‘select committee’’). The select 

committee shall be comprised of 6 Members, of which 3 

Members shall be appointed by the Speaker and 3 by the 

Minority Leader. The select committee shall—

(A) investigate the circumstances surrounding the 

record vote requested by the gentleman from California (Mr. Lewis) on the motion to recommit to H.R. 

3161, including the Chair’s ruling over the objections 

of the Parliamentarian; and 


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(B) make an interim report to the House not later 

than September 30, 2007, and a final report not later 

than September 15, 2008—

(i) regarding the actions of any Members, officers, or employees of the House engaged in the 

disenfranchisement of Members in voting on the 

question; and 

(ii) recommending changes to the rules and procedures of the House of Representatives necessary 

to protect the voting rights of constitutionally 

elected Members chosen by the people of the 

United States of America; and 

(3) the select committee shall have the same powers 

to obtain testimony and documents pursuant to subpoena as authorized under clause 2(m) of rule XI. 

On September 5, 2007, the appointments to the Select Committee made by the Speaker and the Minority Leader pursuant to 

H. Res. 611 were published in the Congressional Record. The 

Speaker appointed Mr. Delahunt and designated him Chairman of 

the Select Committee. The Speaker also appointed Mr. Davis of 

Alabama and Ms. Herseth Sandlin to serve on the Select Committee with Mr. Delahunt. The Minority Leader appointed Mr. 

Pence and designated him Ranking Member of the Select Committee. The Minority Leader also appointed Mr. LaTourette and 

Mr. Hulshof to serve on the Select Committee with Mr. Pence. 

STATUS OF THE SELECT COMMITTEE’S INVESTIGATION

During informal preliminary discussions, including one that took 

place on September 20, 2007, the Members of the Select Committee 

expressed their shared desire to provide a benefit and service to 

the House of Representatives through their work on the Select 

Committee. The Members agreed to conduct a thorough, thoughtful, transparent investigation of the circumstances surrounding 

House Roll Call Vote No. 814, to act expeditiously to complete the 

Select Committee’s work and, as appropriate, to make recommendations to the House that might contribute to an improvement of the House’s rules, procedures, or practices. 

During the preliminary discussions, the Members set the date of 

the Select Committee’s organizational meeting and first hearing for 

September 27, 2007. Individual Members of the Select Committee 

agreed to undertake specific assignments in preparation for the organizational meeting and hearing. Chairman Delahunt indicated 

his intention to designate Representative Davis to be Vice Chairman of the Select Committee, pursuant to clause 2(d) of rule XI. 

Later, Ranking Member Pence designated Representative 

LaTourette to be Vice Ranking Member of the Select Committee. 

Following a discussion about staff and other resources, the Members agreed to request House leadership assistance in obtaining initial resources for the Select Committee. 

The Members of the Select Committee also began to prepare a 

roadmap of the investigation. All Members expressed strong interest, in particular, in receiving an orientation to the House Floor, 

specifically to the Speaker’s Dais, and a viewing, as a group, of the 

recording of the Roll Call Vote No. 814. With this information, the 


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Select Committee will begin to construct a time line of the circumstances surrounding Roll Call Vote No. 814. 

At the Select Committee’s hearing on September 27, the Select 

Committee was scheduled to receive testimony from The Honorable 

Lorraine Miller, Clerk of the House of Representatives and Mr. 

Russell Gore, Legislative Counsel to the Clerk of the House of Representatives regarding data, information and other evidence retained by the Clerk’s office related to Roll Call Vote No. 814. 

AREAS OF INVESTIGATION

The Select Committee plans to obtain information and hold hearings necessary to carry out its responsibilities under H. Res. 611. 

Four areas of investigation identified by the Select Committee are 

described briefly here, though in no way are these four areas intended to limit the Select Committee from following the evidence 

where it leads as it conducts its investigation. 

Persons on the Speaker’s Dais and Persons Responsible for Conducting a Vote. One major area of investigation for the Select Committee will be to determine who is customarily on the Speaker’s 

Dais and each person’s responsibility, including the presiding officer. Second, the Select Committee will determine which of these 

persons have duties relating to voting in the House and the Committee of the Whole, what those duties are, and when, where, and 

how those duties are carried out. Third, the Select Committee will 

determine the relationship between these persons in their execution of their specific duties related to voting in the House and the 

Committee of the Whole. 

The Select Committee will also determine what other people, including employees of the House who are not on the Speaker’s Dais 

but have duties related to voting in the House and the Committee 

of the Whole; what those duties are; and when, where, and how 

those duties are carried out. The Select Committee will also determine the relationship between these persons and the persons on 

the Speaker’s Dais in their execution of their specific duties related 

to voting in the House and the Committee of the Whole. 

The Select Committee will also determine the duties and authority of Members, leaders, and floor managers related to voting in the 

House and the Committee of the Whole. 

This information is important to understanding the events surrounding the voting on the Motion to Recommit and to making 

such recommendations to the House as may be necessary to define 

and protect Members’ voting rights. 

Electronic Voting System. A second major area of investigation 

for the Select Committee is the operation of the electronic voting 

system for recording Members’ votes in the House and the Committee of the Whole and the relationship of the system’s operation 

to the duties for voting exercised by individuals on the Speaker’s 

Dais and by individuals not on the Speaker’s Dais. Parts of this investigation will examine: 

• the tasks for which the electronic voting system was designed and features of the hardware and software to accomplish those tasks, including messages or reports on a vote before, during, and after the vote; 


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• the protocols for preparing and using the electronic voting 

system in the daily sessions of the House and the Committee 

of the Whole; 

• the protocols for individuals on the Speaker’s Dais to interface with the electronic voting system; 

• the Members’ interface with the electronic voting system 

in casting their votes; 

• the use of information, by Members, leaders, and floor 

managers, generated by the electronic voting system during 

and after a vote; and 

• documented instances of mistakes in the electronic voting 

system recording or not recording a Member’s vote and accurately reporting vote totals and of other errors related to voting. 

This information is also important to understanding the events 

surrounding the voting on the Motion to Recommit and to making 

such recommendations to the House as may be necessary to define 

and protect Members’ voting rights. 

Duration of a Vote. A third major area of investigation for the Select Committee is the duration of a vote and the duties and authority of the presiding officer and of other persons to determine when 

the opportunity of Members to vote closes. Clause 2(a) of rule XX 

states: ‘‘* * * the minimum time for a record vote or quorum call 

by electronic device shall be 15 minutes.’’ Clause 9 of rule XX 

states: ‘‘The Speaker may reduce to five minutes the minimum 

time for electronic voting on any question * * *.’’ (Emphases 

added.) A vote may last longer than fifteen minutes, five minutes, 

(or on occasions when a shorter time is used, such as two minutes) 

in order to accommodate Members who were not yet recorded or 

who wish to change their vote or perhaps for other reasons. Clause 

2(a) of rule XX also states: ‘‘A record vote by electronic device shall 

not be held open for the sole purpose of reversing the outcome of 

such vote.’’

In House Practice: A Guide to the Rules, Precedents, and Procedures of the House, a principal parliamentary reference of the 

House of Representatives, the parliamentarians have summarized 

House precedents to state: 

* * * The Chair has the discretion to close the vote and 

to announce the result at any time after 15 minutes have 

elapsed or to allow additional time for Members to record 

their votes before announcing the result * * *. Thus, no 

point of order lies against the decision of the Chair in his 

discretion to close a vote taken by electronic device after 

15 minutes have elapsed * * *. 

Elsewhere in House Practice, the parliamentarians have 

summarized other House precedents to state: ‘‘A Member 

who has voted may change his vote any time before the 

final announcement of the result.’’

In addition, it has long been the practice of Speakers to 

insert in the Congressional Record in the first few days of 

a new Congress a statement of policies on aspects of the 

legislative process. Continuing this custom in the 110th 

Congress, Speaker Pelosi announced policies that were 

published in the January 5, 2007, Congressional Record. 


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Policy No. 6 deals with the conduct of votes by electronic 

device, and continued in effect, with modifications, a policy 

first announced by Speaker Gingrich on January 4, 1995. 

This policy states, in part: 

* * * the Chair enlists the assistance of all Members in 

avoiding the unnecessary loss of time in conducting the 

business of the House. The Chair encourages all Members 

to depart for the Chamber promptly upon the appropriate 

bell and light signal. As in recent Congresses, the cloakrooms should not forward to the Chair requests to hold a 

vote by electronic device, but should simply apprise inquiring Members of the time remaining on the voting clock. 

Members should not rely on signals relayed from outside 

the Chamber to assume that votes will be held open until 

they arrive in the Chamber. Members will be given a reasonable amount of time in which to accurately record their 

votes. No occupant of the Chair would prevent a Member 

who is in the Well before the announcement of the result 

from casting his or her vote. 

A part of this area of investigation pertains to understanding the 

authority of the presiding officer under the rules and precedents of 

the House related to voting, as well as any informal practices exercised under that authority. Another part of this area of investigation relates to how Members learn whether time remains to record 

or change their votes, how these votes are cast and recorded, and 

how these votes are recorded in the electronic voting system. 

This information is important to understanding the events surrounding the voting on the Motion to Recommit and how the House 

has balanced its accommodation of Members wishing to vote or 

change their vote with bringing a vote to a close. Such information 

is important for making such recommendations to the House as 

may be necessary to protect Members’ voting rights. 

Sequence of Events. What is learned from the three areas of investigation described above will enable the Select Committee to 

then fulfill the two purposes for which it was created: based on an 

investigation of circumstances surrounding the vote on the Motion 

to Recommit, report on actions by Members, officers, or employees 

of the House engaged in the disenfranchisement of Members in voting on the question, and recommend changes to House rules and 

procedures necessary to protect Members’ voting rights. 

The Select Committee will investigate the sequence of events 

surrounding the vote on the Motion to Recommit to establish a 

time line of events and to analyze these events within the context 

of the first three areas of investigation. The sequence of events includes the actions of Members in voting; the actions of persons on 

the Speaker’s Dais and of persons not on the Speaker’s Dais related 

to the conduct and duration of the vote; the operation of the electronic voting system, including messages and reports from the 

chair during and after the vote and the relationship of paper to 

electronic records; and the duration of the vote. As an aid to the 

Select Committee’s investigation, H. Res. 611 directed officers of 

the House to ‘‘preserve all records, documents, recordings, electronic submissions, or other material, regardless of form, related to 

the voting irregularities of August 2, 2007’’. The Office of the Clerk 


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has provided communications to the Select Committee and testified 

regarding the information and material it has so far recovered, collected, and stored. 

RECOMMENDATIONS TO THE HOUSE

The Select Committee will bring together the information 

learned from the first three areas of investigation in comparison 

with the actions that occurred surrounding the vote on the Motion 

to Recommit as the basis for any recommendations to the House 

on potential changes to House rules, procedures, or practices to 

protect Members’ voting rights. 

H. Res. 611 directs the Select Committee to ‘‘ * * * [recommend] 

changes to the rules and procedures of the House of Representatives necessary to protect the voting rights of constitutionally elected Members chosen by the people of the United States of America’’. 

The investigation of the Select Committee will enable the Select 

Committee to discuss and determine what recommendations, if 

any, to make to the House in its final report. 

COMMITTEE CONSIDERATION

The Select Committee met in open session on September 27, 

2007, and, on the motion of the Chair, adopted this report by a 

voice vote, a quorum being present. 

APPENDIX: HOUSE RULES RELATED TO VOTING

The Select Committee requested and received assistance from 

the Congressional Research Service in identifying House rules that 

pertain to voting in the House of Representatives and the Committee of the Whole. The House rules initially identified as relevant 

to the Select Committee’s investigation include: 

Clause 1 of rule III makes it a duty of a Member to vote: 

Every Member shall be present within the Hall of the 

House during its sittings, unless excused or necessarily 

prevented, and shall vote on each question put, unless he 

has a direct personal or pecuniary interest in the event of 

such question. 

Clause 2 of rule III prohibits a Member from authorizing another 

person to cast the Member’s vote or to record the Member’s presence in the House or the Committee of the Whole, and prohibits 

any person from casting a Member’s vote or recording a Member’s 

presence in the House or in the Committee of the Whole. 

Clause 6 of rule I directs the Speaker to put a question in a specified form: 

* * * The Speaker shall put a question in this form: 

‘‘Those in favor (of the question), say ‘‘Aye.’’; and after the 

affirmative voice is expressed, ‘‘Those opposed, say ‘No.’ ’’

After a vote by voice under this clause, the Speaker may 

use such voting procedures as may be invoked under rule 

XX. 

Clause 1(a) of rule XX provides for a division vote on the Speaker’s initiative or by demand. 


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Clause 1(b) of rule XX pertains to a recorded vote, normally to 

be taken by electronic device: 

If a Member, Delegate, or Resident Commissioner requests a recorded vote, and that request is supported by 

at least one-fifth of a quorum, the vote shall be taken by 

electronic device unless the Speaker invokes another procedure for recording votes provided in this rule. A recorded 

vote taken in the House under this paragraph shall be considered a vote by the yeas and nays. 

Clause 1(c) of rule XX states that, on a tie vote, a question loses. 

Clause 2(a) of rule XX describes certain conditions related to a vote by electronic device, including the minimum 

time by which a vote by electronic device may be conducted and a restriction on the purpose for which a vote 

may be held open: 

Unless the Speaker directs otherwise, the Clerk shall 

conduct a record vote or quorum call by electronic device. 

In such a case the Clerk shall enter on the Journal and 

publish in the Congressional Record, in alphabetical order 

in each category, the names of Members recorded as voting 

in the affirmative, the names of Members recorded as voting in the negative, and the names of Members answering 

present as if they had been called in the manner provided 

in clause 3. A record vote by electronic device shall not be 

held open for the sole purpose of reversing the outcome of 

such vote. Except as otherwise permitted under clause 8 or 

9 of this rule or under clause 6 of rule XVIII, the minimum 

time for a record vote or quorum call by electronic device 

shall be 15 minutes. 

Clause 2(b) of rule XX deals with the situation in which the electronic voting system is inoperable, and allows the Speaker or the 

chairman of the Committee of the Whole House on the State of the 

Union to direct the Clerk to conduct a record vote or quorum call 

pursuant to clause 3 (call of the roll) or clause 4 (tellers). 

Clause 6 of rule XX pertains to the situation where a quorum is 

not present on a vote in the House and objection is made that a 

quorum is not present. Subparagraph (a)(3) provides: ‘‘the yeas and 

nays on the pending question shall at the same time be considered 

as ordered.’’ Certain procedures are also prescribed in this clause, 

and a motion to adjourn is made in order after Members have had 

the opportunity to vote but before the result has been announced. 

Clause 8(a)(1)(A) of rule XX authorizes the Speaker, when a recorded vote or the yeas and nays are ordered, to postpone further 

proceedings ‘‘to a designated place in the legislative schedule within two additional legislative days’’ for eight questions specified in 

subparagraph (2). Paragraph (B) authorizes the Speaker, when a 

recorded vote or the yeas and nays are ordered, to postpone further 

proceedings on the question of agreeing to the Speaker’s approval 

of the Journal ‘‘to a designated place in the legislative schedule on 

that legislative day.’’ Clause 8 of rule XX further regulates postponed votes. Under 

clause 8(b), ‘‘At the time designated by the Speaker for further proVerDate Aug 31 2005 08:04 Sep 28, 2007 Jkt 077629 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR355.XXX HR355

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ceedings on questions postponed under paragraph (a), the Speaker 

shall resume proceedings on each postponed vote.’’ Under paragraph (c), the Speaker is permitted to reduce to five minutes the 

minimum time for electronic voting on a vote on a question postponed under clause 8 ‘‘that follows another electronic vote without 

intervening business, so long as the minimum time for electronic 

voting on the first in a series of questions is 15 minutes.’’ Paragraph (d) states the condition under which further proceedings on 

postponed questions become the unfinished business of the House 

on the next legislative day. 

Clause 9 of rule XX permits, with notice, a five-minute vote on 

any question arising without intervening business after an electronic vote on another question: 

The Speaker may reduce to five minutes the minimum 

time for electronic voting on any question arising without 

intervening business after an electronic vote on another 

question if notice of possible five-minute voting for a given 

series of votes was issued before the preceding electronic 

vote. 

Clause 10 of rule XX requires automatic yeas and nays in certain 

circumstances: 

The yeas and nays shall be considered as ordered when 

the Speaker puts the question on passage of a bill or joint 

resolution, or on adoption of a conference report, making 

general appropriations, or increasing Federal income tax 

rates (within the meaning of clause 5 of rule XXI), or on 

final adoption of a concurrent resolution on the budget or 

conference report thereon. 

In addition to provisions in rule XX that relate to voting in the 

Committee of the Whole, clause 6 of rule XVIII, pertains to quorum 

and voting in the Committee of the Whole. Clause 6(b)(2) limits a 

point of order that a quorum is not present to a specific circumstance: 

After a quorum has once been established on a day, the 

Chairman may entertain a point of order that a quorum is 

not present only when the Committee of the Whole House 

on the state of the Union is operating under the fiveminute rule and the Chairman has put the pending proposition to a vote. 

Clause 6(b)(3) of rule XVIII then provides in relation to subparagraph (2): 

Upon sustaining a point of order that a quorum is not 

present, the Chairman may announce that, following a 

regular quorum call under paragraph (a), the minimum 

time for electronic voting on the pending question shall be 

five minutes. 

Clause 6 of rule XVIII states that the chairman of the Committee 

of the Whole shall order a recorded vote on a request supported by 

at least 25 Members. 

Clause 6(f) of rule XVIII allows the chairman of the Committee 

of the Whole to reduce the minimum time for voting to five minutes: 


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In the Committee of the Whole House on the state of the 

Union, the Chairman may reduce to five minutes the minimum time for electronic voting without any intervening 

business or debate on any or all pending amendments 

after a record vote has been taken on the first pending 

amendment. 

The chairman of the Committee of the Whole may also postpone 

a request for a recorded vote on an amendment under Clause 6(g) 

of rule XVIII: 

The Chairman may postpone a request for a recorded 

vote on any amendment. The Chairman may resume proceedings on a postponed request at any time. The Chairman may reduce to five minutes the minimum time for 

electronic voting on any postponed question that follows 

another electronic vote without intervening business, provided that the minimum time for electronic voting on the 

first in any series of question shall be 15 minutes. 

Clause 3 of rule III grants to each Delegate and the Resident 

Commissioner ‘‘the same powers and privileges as Members of the 

House’’ in the Committee of the Whole. Where the votes cast by the 

Delegates and Resident Commissioner are ‘‘decisive’’ in the recorded vote on a question in the Committee of the Whole, clause 

6(h) of rule XVIII requires a re-vote: 

Whenever a recorded vote on any question has been decided by a margin within which the votes cast by the Delegates and the Resident Commission have been decisive, 

the Committee of the Whole shall rise and the Speaker 

shall put such question de novo without intervening motion. Upon the announcement of the vote on that question, 

the Committee of the Whole shall resume its sitting without intervening motion. 

The Select Committee has not yet determined the relevance or 

importance, if any, of the above rules or any other House rules to 

the inquiry and duties of the Select Committee. However, the Select Committee believes this initial list may serve useful in moving 

forward with our assignment. 

Æ 


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