Motion To Vacate The Chair

A motion to vacate the chair or motion to declare the chair vacant, commonly shortened to motion to vacate, is a procedure in which a member of a legislative body proposes that the presiding officer vacates their office.

Manuals of parliamentary procedure

'' Robert's Rules of Order Newly Revised'' allows this motion to be used if the occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly. If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used. However, the assembly could temporarily remove the chair for the meeting using a suspension of the rules. The bylaws of the organization would determine how to permanently remove the officer.

'' Demeter's Manual'' states that the procedure is to either bring charges against the presiding officer for neglect of duty or abolish their term of office by amending the bylaws with due notice to all members; either of these methods requires a two-thirds vote.

''Mason's Manual'' provides, "A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified. When there is no fixed term of office, an officer holds office at the pleasure of the body, or until a successor is elected and qualified."

In the U.S. House of Representatives

Under House Rule IX, a resolution declaring the office of Speaker of the United States House of Representatives vacant (informally referred to as a "motion to vacate") is considered privileged: once introduced on the floor by a member, the resolution must be put to a floor vote within two legislative days. In 2019, at the beginning of the 116th Congress, the rules were altered to prevent motions from qualifying as matters of privilege unless "offered on behalf of a party conference or caucus." The 2019 rule change remained in place until 2023, when the 118th Congress reversed it. A member can decide whether to introduce the motion to vacate on the floor or through the regular channels: the motion is only privileged in the first case.

In the history of the House of Representatives, there have been only four instances of a motion to vacate the chair being filed: one in March 1910 against Joe Cannon, which failed; one in July 2015 against John Boehner, which was never put up to a vote; one in October 2023 against Kevin McCarthy, which, unlike its predecessors, was successful; and one against Mike Johnson, which failed.

Attempt to remove of Joe Cannon (1910)

On March 19, 1910, Republican Speaker Joe Cannon, who had just faced a revolt by his caucus on a resolution weakening the Speaker's power over the Rules Committee, dared his opponents to try to vacate his Speakership; Democratic representative Albert Burleson immediately proceeded to introduce a privileged resolution to that effect, which the House ended up rejecting by a majority of 37 (155 Ayes to 192 Noes). Some of the Republicans who opposed Cannon nonetheless voted against, fearing the risk of him being replaced by a Democratic Speaker.

Filing against John Boehner (2015)

In July 2015, Republican representative Mark Meadows filed a resolution to vacate the Speakership of Republican John Boehner. Since the motion was introduced through regular channels rather than on the floor, it was non-privileged and was referred to the Rules Committee instead of being subject to an immediate vote by the full House. While the resolution was never debated nor voted upon, and only gained 4 co-sponsors ( Louie Gohmert, Walter Jones Jr., Thomas Massie and Ted Yoho), it nonetheless contributed to Boehner's decision to resign in September 2015.

Removal of Kevin McCarthy (2023)

On October 2, 2023, Republican representative Matt Gaetz filed a privileged resolution to vacate the office of Speaker, then held by Republican Kevin McCarthy, after McCarthy negotiated with Democrats to pass a spending bill that averted a government shutdown; the bill was opposed by several Republican representatives because it did not include fiscally conservative reforms. The resolution to vacate was considered by the House on October 3. Tom Cole, chairman of the Republican-led House Rules Committee, moved to table (kill) the resolution, but his motion was rejected by a vote of 208–218. The House thus proceeded to consider the resolution, and, following one hour of debate (evenly divided between Gaetz and Cole), passed it by a vote of 216–210 (with Republicans Andy Biggs, Tim Burchett, Ken Buck, Eli Crane, Gaetz, Bob Good, Nancy Mace and Matt Rosendale voting in favor alongside all Democrats who were present); this was the first time in congressional history the House voted to remove its incumbent Speaker.

Attempt to remove Mike Johnson (2024)

On March 22, 2024, Republican representative Marjorie Taylor Greene filed a resolution to remove Mike Johnson as Speaker of the House, after the latter put up for a vote a minibus spending bill opposed by a majority of the Republican Conference (thereby violating the Hastert convention). As of April 19, the resolution had gained two co-sponsors ( Thomas Massie and Paul Gosar).

On May 8, 2024, Greene introduced a resolution to vacate the office of Speaker on the floor, forcing a vote on it within two legislative days. Majority leader Steve Scalise immediately moved to table (kill) the resolution; the House passed Scalise's motion by a vote of 359 to 43, effectively allowing Johnson to remain as Speaker. Several Democrats voted against removing Johnson because of the vital role he had played in providing funding for the federal government and for Ukraine. Greene did not rule out forcing another vote to oust Johnson.

See also

* Vacated judgment

References

{{reflist

Common law legal terminology
American legal terminology
Legal motions
Speakership of the United States House of Representatives