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Old 10-21-2009, 11:26 PM
Mr North Jersey
 
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Default Regarding Cloture On H.R.3548

Today according to democrats.senate.gov (http://democrats.senate.gov/calendar/2009-10.html - broken link) Sen Reid did the following:
Quote:
Senator Reid filed cloture on the motion to proceed to H.R.3548, Unemployment Compensation Extension Act of 2009.
According to Invoking cloture in the Senate there are several stages to the process of invoking cloture.
Quote:

  1. First, at least 16 Senators sign a cloture motion (also called a cloture petition) that states: “We, the undersigned Senators, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, hereby move to bring to a close the debate upon [the matter in question].”
  2. To present a cloture motion, a Senator may interrupt another Senator who is speaking. When the motion is presented, the clerk reads it.
  3. The cloture motion then lies over until the second calendar day on which the Senate is in session. For example, if the motion is filed on Monday, it lies over until Wednesday, assuming the Senate is in session daily. If the motion is filed on Friday, it lies over until Tuesday unless the Senate was in session on Saturday or Sunday.
  4. The Senate votes on the cloture motion one hour after it convenes on the second calendar day after the cloture motion was filed, and after a quorum call has established the presence of a quorum. The time for the cloture vote may be changed by unanimous consent, and the required quorum call is routinely waived.
  5. The presiding officer presents the cloture motion to the Senate for a rollcall vote at the time required by Rule XXII, even if the Senate had been considering other business between the time the cloture motion was filed and the time for voting on the motion arrives.
  6. The majority required to invoke cloture is three-fifths of the Senators duly chosen and sworn, or 60 votes if there are no vacancies in the Senate’s membership. However, invoking cloture on a measure or motion to amend the Senate’s rules requires the votes of two-thirds of the Senators present and voting, or 67 votes if all 100 Senators vote.
If you read #3 "The cloture motion then lies over until the second calendar day on which the Senate is in session." I think that means that the actual vote to invoke cloture can't take place till Friday if they are in session and if not then next Monday if they are in session.(but there could be a loophole I think)

If you read #4 "The time for the cloture vote may be changed by unanimous consent" I think with unanimous consent they either don't have to do the cloture vote one hour after they convene but rather possibly sometime before or after that hour.



Whenever they do have the vote if they win the vote what follows is no more than 30 hours of debate as described below.
Cloture: Its Effect on Senate Proceedings
Quote:
If cloture is invoked under the terms of Rule XXII, then Senate floor activity is thereafter subject to a variety of conditions and constraints. Several of the main post-cloture features include:
30-Hour Time Cap
Thirty hours of further consideration is permitted on the clotured question with time used for such things as roll-call votes or quorum calls charged against the 30-hour cap. As Senate precedents state, “the time used for roll call votes, quorum calls, reading of amendments, points of order and inquiries to and responses by the Chair, and the like, is charged against the 30 hours. Therefore, it is quite possible that the total debate by Senators could be far less than 30 hours.” The 30-hour period may be extended if three-fifths of all Senators duly chosen and sworn agree to the increase.
Now there is a lot more you can read that's very informative but the last thing I want to add that may be relevant to our situation is even if they win the vote to invoke cloture the Democrats and Republicans can still agree to introduce a new amendment that was not introduced at the time cloture was invoked. Based on the following language.
Cloture: Its Effect on Senate Proceedings
Quote:
Except by unanimous consent, no amendment shall be proposed after the vote to bring the debate to a close, unless it had been submitted in writing to the Journal Clerk by 1 o’clock p.m. on the day following the filing of the cloture motion if an amendment in the first degree, and unless it had been so submitted at least one hour prior to the beginning of the cloture vote if an amendment in the second degree.
I hope that was helpful I have to say this is like learning a new language.
"Unanimous Consent"
is one powerful
phrase

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