Frequently Asked Questions about Vote Changes in the California Legislature
What is the main limitation on vote changes in the Assembly?
By Chris Micheli, January 31, 2024 7:10 am
Are vote changes allowed in the California Legislature? As a general matter, yes, although there are different rules between the two houses.
What is a vote change? It is obviously when a legislator chooses to change his or her vote on a measure, either in committee or on the floor.
In the Assembly, what is the process of changing a vote on the Floor? A Member, prior to adjournment on the same legislative day, and in the absence of any objection, may instruct the Chief Clerk to add the Member’s vote to any previously announced vote that had been taken during the Member’s absence, so long as the outcome of the vote is not changed. The Chief Clerk may record any vote change only after the Member making the change has announced it to the Assembly.
What is the main limitation on vote changes in the Assembly? If a vote change would result in a failed passage bill now passing, or a passed bill now failing, then the vote change cannot be made.
In the Senate, when can a Senator change their vote? It must occur prior to the vote on the measure or motion being announced. In other words, a Senator may not vote or change the Senator’s vote after the announcement of the vote by the Presiding Officer.
What is allowed or prohibited by the State Senate? A senator cannot change his or her vote after the final vote on a measure has been announced by the presiding officer. Prior to that time, such as when a call is lifted, a senator can change his or her vote.
Are there any exceptions to this prohibition in the State Senate? There are only two senators who are exempted from this rule. On a legislative day when the President pro Tempore or Minority Floor Leader is in attendance throughout a session, the President pro Tempore or Minority Floor Leader, in the absence of any objection, may instruct the Secretary of the Senate to add their vote to any previously announced vote that was taken while the President pro Tempore or Minority Floor Leader was performing the responsibilities of their offices, provided the outcome of the vote is not changed.
- California Courts and Ex Post Facto Laws - December 21, 2024
- California Courts and Sunset Clauses in Statutes - December 20, 2024
- California Courts and the Legislative Open Records Act - December 19, 2024