In
parliamentary procedure
Parliamentary procedure is the accepted rules, ethics, and customs governing meetings of an assembly or organization. Its object is to allow orderly deliberation upon questions of interest to the organization and thus to arrive at the sense ...
, a
motion
In physics, motion is the phenomenon in which an object changes its position with respect to time. Motion is mathematically described in terms of displacement, distance, velocity, acceleration, speed and frame of reference to an observer and m ...
to appeal from the decision of the
chair is used to challenge a ruling of the chair.
Explanation and Use
The most common occasions for the motion to appeal are when the chair mis-assigns the
floor or incorrectly
recognizes a member; when the chair rules on a motion as not within the scope of the organization's purposes; when the chair rules on germaneness of an
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
; when they rule on
points of order and
questions of privilege; when they rule on the interpretation of words, phrases, provisions, etc.; and when the chair misapplies the rules of a motion (especially in reference to the rankings of motions).
[ (Demeter)]
According to
Robert's Rules of Order
''Robert's Rules of Order'', often simply referred to as ''Robert's Rules'', is a manual of parliamentary procedure by U.S. Army officer Henry Martyn Robert.
"The object of Rules of Order is to assist an assembly to accomplish the work for whic ...
Newly Revised (RONR), members have no right to criticize a ruling of the chair unless they appeal from their decision.
Demeter's Manual of Parliamentary Law and Procedure
125px, Demeter's Manual
''Demeter's Manual of Parliamentary Law and Procedure'' is a parliamentary authority manual by George Demeter. It is included in the bank of study materials used in preparing for the Certified Parliamentarian (CP) designat ...
states that an appeal "protects the assembly against the arbitrary control of the meeting by its presiding officer."
Mason's Manual of Legislative Procedure
''Mason's Manual of Legislative Procedure'', commonly referred to as ''Mason's Manual'', is the official parliamentary authority of most state legislatures in the United States. This 700+ page book has been "Adopted as the authority on questions ...
states, "In some states the ruling of the chair by tradition is given great weight, and appeals are not made lightly." RONR states that in some cases, the chair may welcome an appeal because it takes the onus off of them.
An appeal must be made at the time of the chair's ruling. After any
debate
Debate is a process that involves formal discourse on a particular topic, often including a moderator and audience. In a debate, arguments are put forward for often opposing viewpoints. Debates have historically occurred in public meetings, a ...
or other business, it is too late to make an appeal.
In stating the appeal, the presiding officer uses the form, "Those in favor of sustaining the decision of the chair..." rather than a biased form such as "Those in favor of sustaining the
bylaws
A by-law (bye-law, by(e)law, by(e) law), or as it is most commonly known in the United States bylaws, is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authorit ...
..." Appeals are debatable unless they relate to indecorum, the
priority of business, or an undebatable question.
According to
The Standard Code of Parliamentary Procedure
''The Standard Code of Parliamentary Procedure'' (formerly the ''Sturgis Standard Code of Parliamentary Procedure'' by Alice Sturgis) is a book of rules of order. It is the second most popular parliamentary authority in the United States after ...
, if the reasons given for the appeal are convincing, the presiding officer may change their ruling accordingly, in which case the appeal is automatically dropped.
Improper uses
RONR states that "when the chair rules on a question about which there cannot possibly be two reasonable opinions, an appeal would be
dilatory
In parliamentary procedure, a motion is a formal proposal by a member of a deliberative assembly that the assembly take certain action. Such motions, and the form they take are specified by the deliberate assembly and/or a pre-agreed volume detail ...
and is not allowed."
recommends using the mnemonic devices F, T, R, L and J, O, D to remember that no appeals can be taken from the Chair's rulings which arise out of known Facts, evident Truths, established Rules or operative Laws, but can be taken only from rulings which are based on their personal Judgment, Opinion or Discretion. Demeter explains:
An assembly cannot contravene a bylaws provision by raising an appeal and voting to interpret the provision to mean something different than its clear meaning. If such an appeal is moved, the chair should rule it out of order immediately, without opening it to debate or putting it to a vote.
[
]
See also
* Nuclear option
In the United States Senate, the nuclear option is a parliamentary procedure that allows the Senate to override a standing rule by a simple majority, avoiding the two-thirds supermajority normally required to invoke cloture on a resolution to ...
* Point of order
In parliamentary procedure, a point of order occurs when someone draws attention to a rules violation in a meeting of a deliberative assembly.
Explanation and uses
In '' Robert's Rules of Order Newly Revised'' (RONR), a point of order may be ra ...
References
{{Parliamentary procedure
Incidental motions