When is a vote held?

A vote is held to resolve a question when it is put to the House of Representatives. Most business in the House proceeds from a member “moving” that something be done (suggesting a course of action). The Speaker of the House subsequently proposes a question on that motion, so that it can be resolved in one of two ways (with either an “Aye” or a “No”). Eventually, usually after a debate, the Speaker puts the question to the House for it to decide on. However there are a number of ways that the vote can be carried out.

Amending the motion

In most cases, the House can amend a motion before it votes on it. This is done by moving an amendment to the motion that has been moved. If this occurs, the House votes on the amendment first, then deals with the motion (either as amended or unamended).

Types of votes

Questions can be determined by way of a “voice vote”, a “party vote”, or a “personal vote”. In a voice vote, members are asked to express their opinion by responding “Aye” or “No” when asked by the Speaker for their view. The Speaker then decides which side is in the majority. This decision is not based on the volume of the voices so much as on the Speaker’s sense of how the votes fell (usually, the assumption is that the Government is in the majority). If any of the members declared as being in the minority in a voice vote disagree with the declared result, they may call for a further vote to be held. This results in either a party vote or a personal vote in which the number of members voting for each side of the question, or abstaining from voting, is recorded in written form.

In a party vote, the numbers from each party are counted as a block. Individuals can, however, vote differently from their party if they wish. Those individuals are then counted separately. Alternatively, members of a party can all decide to vote differently from one another. In such a case, that party specifies how many of its members are voting for the motion, how many are voting against it, and how many are abstaining from voting on it. This is called a “split party” vote.

Many votes are party votes, but in some circumstances (usually, when the House is dealing with issues of personal conscience) the Speaker permits a personal vote to be held. In this case, members are counted individually; those voting “Aye” go out the door on the right-hand side of the Speaker and assemble in the Ayes Lobby to record their votes, and those voting “No” go out the left-hand door to the Noes Lobby. Those abstaining go to the Clerk at the Table in front of the Speaker.

The lobbies are locked during personal votes, and all members locked in have to cast a vote or abstain. The Speaker’s vote is generally cast as a proxy vote when a personal vote takes place.

Members voting in a party vote or a personal vote must vote in the same way as they did in the corresponding voice vote. If a member called for a further vote, he or she must vote consistently with that call (that is, against the majority as declared in the voice vote).

Members may speak for a bill in debate and still vote against it, as long as their voice vote is consistent with their recorded vote.

Who can vote?

Only members who have been sworn in can vote. Members can vote even if they are absent, by the use of proxies. A formula is used which determines how many votes each party can have when a number of its members are absent from the parliamentary precincts. Thus a party may not always be able to cast the same number of votes as the party has members in the House.

How is the result determined?

The side of the question which receives more votes than the other side wins. (Abstentions are not counted for this purpose.) In the event of a tie, the vote on the question is lost (except when losing a vote would result in provisions being omitted from a bill). The winning amount does not have to be more than half the total number of members of Parliament because not all members are available to participate in every vote. There are exceptions to this rule:

• If fewer than 20 members vote in a personal vote, the vote has no effect.
• Some laws require a specified majority of votes of all members of Parliament to change them. These are known as “entrenched” provisions, such as those listed in section 268 of the Electoral Act 1993. A provision that is proposed as a new entrenched provision must itself be passed by the majority by which it is proposed to be entrenched.

What happens next?

If there are more votes for the “Noes” than the “Ayes”, the motion is defeated, and of no effect. If there are more votes for the “Ayes” than the “Noes”, the motion is agreed and becomes a resolution or order of the House.

Sources: David McGee, Parliamentary Practice in New Zealand (third edition), 2005; Standing Orders of the House of Representatives, 2008; Speakers’ Rulings, 2008; Erskine May, Parliamentary Practice (23rd edition), 2004.