State-by-state look at legislative vote-switching

(AP) – CALIFORNIA

In the state Assembly, prior to adjournment on the same legislative day and in the absence of any objection, a lawmaker can instruct the chief clerk to change his or her recorded vote after the vote is announced, as 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.

In the Senate, if the president pro tempore or minority floor leader is in attendance throughout a session, he or she, in the absence of any objection, may instruct the secretary of the Senate to add his or her vote to any previously announced vote that was taken while he or she was performing the responsibilities of their office, provided the outcome of the vote is not changed.

FLORIDA

In the Senate, a senator with unanimous consent of those present can change his or her vote, if the vote would not alter the final passage of the measure. If no objections are raised before the close of the business that day, requests will be accepted. Records of such requests shall be available at the secretary’s desk through the session.

In the House, members are allowed to “submit to the clerk an indication of how the member would have voted or would have voted differently” after the roll call has been announced.

MINNESOTA

Senators can move to change their votes, on any recorded vote, within two legislative days as long as the chamber is still in possession of the bill. A senator voting on the prevailing side must make the motion that specifies the bill number, the date of the vote and the original vote tally. The full Senate must vote again, not just members wishing to change their stance.

In the House, a member may rise to verbally change a recorded vote before the tally is announced. That ultimate vote is recorded in the journal. Additionally, a member may move to reconsider a previous vote after the tally is announced as long as he or she voted on the prevailing side and the motion is made on the day the vote was taken or within two days so long as the chamber still has possession of the bill. The full House must vote again, not just members wishing to change their stance.

MISSISSIPPI

In the House, after the vote has been tabulated and displayed on the electric voting board, a member with unanimous consent may change his or her vote on the measure, except that no such change of vote shall be permitted where such vote would alter the final vote on the measure.

NEW YORK

In the Assembly, the speaker may allow a member to record his or her vote within 15 minutes after the results of the roll call have been announced when such vote does not change the final result of the vote and the lawmaker has been previously recorded on a roll call on a bill during the legislative day.

NORTH CAROLINA

In the Senate, a motion by any senator to change his or her vote must be made on the same legislative day as the vote is taken. House members cannot change their votes “without leave of the House,” meaning they must give colleagues the opportunity to object in a public session. The change cannot affect the overall outcome of the legislation.

OHIO

No senator shall be permitted to change his or her vote, if the vote has been recorded and called, unless a senator demands a verification of the vote. The Senate clerk then reads all the votes back to the chamber. After they’ve been verified, a senator may then request unanimous consent to change his or her vote. That request must be made from the well of the Senate and before the Senate proceeds to the next item within the same or next order of business.

RHODE ISLAND

After a vote has been recorded, any senator may, by a majority vote of the Senate, be permitted to change his or her vote, provided that such change is made on the same day as his or her original vote.

UTAH

In the Senate, members are given an opportunity to vote twice on a bill before final passage. After a roll call vote is announced on any question, no senator may vote or change his or her vote unless there is unanimous consent of the senators present and the result of the vote is not changed.

In the House, after the vote is announced on any question, no representative may vote or change his vote, unless there is unanimous consent of the representatives present and the result of the vote is not changed. A representative desiring to vote or change his or her vote after the vote has been taken on legislation or on a motion must do so before the next order of business.

TEXAS

If a member’s vote is erroneous, the member shall be allowed to change that vote at a later time provided the result of the record vote is not changed, the request is made known to the House by the chair and permission for the change is granted by unanimous consent. A notation is made in the journal that the member’s vote was changed.

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Source: National Conference of State Legislatures, Associated Press.

(Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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