motion to vacate the chair

Robert's Rules of Order Newly Revised allows this motion to be used if the occupant of the chair is not the regular presiding officer of a society, in which case it is a question of privilege affecting the assembly.{{Cite book|title = Robert's Rules of Order Newly Revised|last = Robert|first = Henry M.|publisher = Da Capo Press|year = 2011|isbn = 978-0-306-82020-5|location = Philadelphia, PA|pages = 651–652|edition = 11th|display-authors = et al.}} If the chair is the regular presiding officer, the motion to declare the chair vacant cannot be used.{{Harvard citation no brackets|Robert|2011|p = 652}} However, the assembly could temporarily remove the chair for the meeting using a suspension of the rules.{{Cite web|url = http://www.robertsrules.com/interp_list.html#2006_2|title = 2006-2: Suspend the Rules to Remove President|access-date = 2016-02-05|website = The Official Robert's Rules of Order Web Site|publisher = The Robert's Rules Association}} The bylaws of the organization would determine how to permanently remove the officer.{{Cite web|url=http://www.robertsrules.com/faq.html#20 |title=Frequently Asked Questions about RONR (Question 20) |access-date=2016-02-05 |website=The Official Robert's Rules of Order Web Site |publisher=The Robert's Rules Association |url-status=dead |archive-url=https://web.archive.org/web/20041112102258/http://www.robertsrules.com/faq.html |archive-date=2004-11-12 }}

Demeter's Manual states that the procedure is to either bring charges against the presiding officer for neglect of duty or abolish their term of office by amending the bylaws with due notice to all members; either of these methods requires a two-thirds vote.{{cite parl|title=DEM|pages=264}}

Mason's Manual provides, "A presiding officer who has been elected by the house may be removed by the house upon a majority vote of all the members elected, and a new presiding officer pro tempore elected and qualified. When there is no fixed term of office, an officer holds office at the pleasure of the body, or until a successor is elected and qualified."{{cite parl|title=MAS|edition=2000|year=2000|pages=423}}

{{Quote|Resolved, That the office of Speaker of the House of Representatives is hereby declared to be vacant.|The effective words of a resolution declaring the office of Speaker of the House of Representatives to be vacant.}}

A resolution declaring the office of Speaker of the United States House of Representatives vacant (informally referred to as a "motion to vacate") is considered privileged under certain circumstances. Under Rule IX, a privileged resolution, once raised on the floor by a member, must be put to a floor vote within two legislative days. From the 1st Congress through the 115th Congress, as well as in the 118th Congress, a motion to vacate raised on the floor was always considered privileged. In the 116th Congress and 117th United States Congress, it was privileged only if "offered on behalf of a party conference or caucus", and in the 119th Congress, only if submitted by a member of the majority party and co-sponsored by eight other members of the majority party.{{cite web|url=https://www.npr.org/sections/itsallpolitics/2015/03/07/391374255/how-to-oust-a-house-speaker-hint-dont-even-try|title=How To Oust A House Speaker (Hint: Don't Even Try)|author=Juana Summers|website=NPR.org |accessdate=2015-10-21|date=2015-03-07}}{{cite report |last=Hudiburg |first=Jane Armstrong |date=June 27, 2019 |title=House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) |url=https://crsreports.congress.gov/product/pdf/R/R45787 |publisher=Congressional Research Service |page=4 |access-date=September 17, 2020 |quote=H.Res. 6 amended Rule IX to establish that a resolution declaring a vacancy in the Office of the Speaker will not qualify as a question of the privileges of the House unless it is offered by direction of a party caucus or party conference.}}{{Cite web |last=Clerk of the House |date=2023-01-10 |title=Rules of the House of Representatives: One Hundred Eighteenth Congress |url=https://cha.house.gov/_cache/files/5/3/5361f9f8-24bc-4fbc-ac97-3d79fd689602/1F09ADA16E45C9E7B67F147DCF176D95.118-rules-01102023.pdf}}{{Cite web|url=https://www.axios.com/2025/01/03/mike-johnson-motion-to-vacate-new-rule-passed|title=House approves new rules protecting Mike Johnson from ouster}}

The motion to vacate can be introduced on the floor or through the regular channels: the motion is not privileged until or unless it is introduced on the floor.

In the history of the House of Representatives, there have been only four instances of a motion to vacate the chair being filed: one in March 1910 against Joe Cannon, which failed;{{cite web |last=Russert |first=Luke |last2=Johnson |first2=Alex |last3=Moe |first3=Alex |date=2015-07-28 |title=Fellow Republican Launches Bid to Oust Boehner as House Speaker |url=https://www.nbcnews.com/news/us-news/fellow-republican-launches-bid-oust-boehner-house-speaker-n400071 |accessdate=2015-10-21 |website=NBC News}} one in July 2015 against John Boehner, which was never put up to a vote; one in October 2023 against Kevin McCarthy, which, unlike its predecessors, was successful; and one against Mike Johnson, which failed.{{Cite news |last=Escobar |first=Molly Cook |last2=Elliott |first2=Kennedy |last3=Levitt |first3=Zach |last4=Murphy |first4=John-Michael |last5=Parlapiano |first5=Alicia |last6=Reinhard |first6=Scott |last7=Shorey |first7=Rachel |last8=Wu |first8=Ashley |last9=Yourish |first9=Karen |date=2023-10-03 |title=Vote Count: House Removes McCarthy as Speaker |language=en-US |work=The New York Times |url=https://www.nytimes.com/interactive/2023/10/03/us/politics/mccarthy-house-speaker-vote-live.html |access-date=2023-10-03 |issn=0362-4331}}{{Cite news |last=Sotomayor |first=Marianna |last2=Alfaro |first2=Mariana |date=2024-05-09 |title=House Speaker Mike Johnson survives vote to oust him from leadership |url=https://www.washingtonpost.com/politics/2024/05/08/motion-to-vacate-house-speaker-marjorie-taylor-greene-mike-johnson/ |access-date=2024-05-09 |work=Washington Post |language=en-US |issn=0190-8286}}

{{More|Joseph Gurney Cannon#1910 rules revolt}}

On March 19, 1910, Republican Speaker Joe Cannon, who had just faced a revolt by his caucus on a resolution weakening the Speaker's power over the Rules Committee, dared his opponents to try to vacate his Speakership; Democratic representative Albert Burleson immediately{{Cite journal|url=https://www.congress.gov/bound-congressional-record/1910/03/19/house-section|journal=Congressional Record|volume=45|issue=Part 4: 61st Congress, 2nd Session|pages=3425-3441|title=March 19, 1910|year=1910}}{{rp|3436-3439}} proceeded to introduce a privileged resolution to that effect, which the House ended up rejecting by a majority of 37 (155 Ayes to 192 Noes). Some of the Republicans who opposed Cannon nonetheless voted against, fearing the risk of him being replaced by a Democratic Speaker.{{Cite web|url=https://billofrightsinstitute.org/essays/speaker-joseph-cannon-dethroned|title=Speaker Joseph Cannon Dethroned|last=Postell|first=Joseph|website=Bill of Rights Institute|access-date=3 January 2025}}

{{Further|October 2015 Speaker of the United States House of Representatives election#Speakership and resignation of John Boehner}}

In July 2015, Republican representative Mark Meadows filed a resolution to vacate the Speakership of Republican John Boehner. Since the resolution was introduced through regular channels rather than on the floor, it was non-privileged{{cite news|url=https://www.washingtonpost.com/news/post-politics/wp/2015/07/28/rep-mark-meadows-makes-bid-to-oust-boehner-from-speakership/|title=GOP congressman launches bid to oust John Boehner as House speaker|author=Mike DeBonis|newspaper=The Washington Post |accessdate=2015-10-21|date=2015-07-28}}{{cite web|url=http://www.nationaljournal.com/s/71110/mark-meadows-tries-boot-boehner-from-speakership|title=Mark Meadows Tries to Boot Boehner From Speakership|author=Daniel Newhauser|date=2015-07-28|accessdate=2015-10-21}} and was referred to the Rules Committee instead of being subject to an immediate vote by the full House. While the resolution was never debated nor voted upon, and only gained four co-sponsors (Louie Gohmert, Walter Jones Jr., Thomas Massie and Ted Yoho), it nonetheless contributed to Boehner's decision to resign in September 2015.{{cite web|url=https://www.theatlantic.com/politics/archive/2015/09/john-boehner-will-resign-as-speaker/407374/|title=The Resignation of John Boehner|accessdate=2015-10-21|date=2015-09-25|author=Russell Berman|website=The Atlantic }}

{{Main|Removal of Kevin McCarthy as Speaker of the House}}

On October 2, 2023, Republican representative Matt Gaetz filed a privileged resolution to vacate the office of Speaker, then held by Republican Kevin McCarthy, after McCarthy negotiated with Democrats to pass a spending bill that averted a government shutdown; the bill was opposed by several Republican representatives because it did not include fiscally conservative reforms.{{USBill|118|HRes|757}}{{Cite web |url=https://www.nytimes.com/2023/10/02/us/politics/mccarthy-gaetz-house-speaker.html |title=Gaetz Moves to Oust McCarthy, Threatening His Grip on the Speakership |date=October 2, 2023 |last=Edmondson |first=Catie |work=The New York Times |access-date=October 2, 2023}} The resolution to vacate was considered by the House on October 3.{{Cite web |last=Fortinsky |first=Sarah |date=October 3, 2023 |title=McCarthy says he won't give Democrats anything in exchange for support as Speaker |url=https://thehill.com/homenews/house/4235572-mccarthy-says-he-wont-give-democrats-anything-in-exchange-for-support-as-speaker/ |url-status=live |archive-url=https://web.archive.org/web/20231003151350/https://thehill.com/homenews/house/4235572-mccarthy-says-he-wont-give-democrats-anything-in-exchange-for-support-as-speaker/ |archive-date=2023-10-03 |access-date=2023-10-04 |website=The Hill |language=en-US}} Tom Cole, chairman of the Republican-led House Rules Committee, moved to table (kill) the resolution, but his motion was rejected by a vote of 208–218. The House thus proceeded to consider the resolution, and, following one hour of debate (evenly divided between Gaetz and Cole), passed it by a vote of 216–210 (with Republicans Andy Biggs, Tim Burchett, Ken Buck, Eli Crane, Gaetz, Bob Good, Nancy Mace and Matt Rosendale voting in favor alongside all Democrats who were present); this was the first time in congressional history the House voted to remove its incumbent Speaker.{{Cite web |url=https://www.nytimes.com/live/2023/10/03/us/mccarthy-gaetz-speaker-news/kevin-mccarthy-speaker |title=House to Decide McCarthy's Future as Speaker |date=October 3, 2023 |last1=Edmondson |first1=Catie |last2=Broadwater |first2=Luke |work=The New York Times |access-date=October 3, 2023 |archive-date=October 3, 2023 |archive-url=https://web.archive.org/web/20231003140056/https://www.nytimes.com/live/2023/10/03/us/mccarthy-gaetz-speaker-news/kevin-mccarthy-speaker |url-status=live |url-access=limited}}

On March 22, 2024, Republican representative Marjorie Taylor Greene filed a resolution to remove Mike Johnson as Speaker of the House, after the latter put up for a vote a minibus spending bill opposed by a majority of the Republican Conference (thereby violating the Hastert convention).{{Cite web|last=Solender|first=Andrew|url=https://www.axios.com/2024/03/22/majorie-taylor-greene-mike-johnson-vacate-motion|title=Marjorie Taylor Greene files motion to remove Speaker Mike Johnson|access-date=March 23, 2024 |date=March 22, 2024|website=Axios}}{{cite web|last1=Wise |last2=Andrews|last3=Stech Ferek|first1=Lindsay |first2=Natalie |first3=Katy|url=https://www.wsj.com/politics/policy/marjorie-taylor-greene-issues-warning-to-speaker-mike-johnson-with-motion-to-vacate-6497d02a|title=Marjorie Taylor Greene Issues ‘Warning’ to Speaker Mike Johnson With Motion to Vacate|date=March 22, 2024 |access-date=March 23, 2024|website=Wall Street Journal}}{{USBill|118|HRes|1103}} As of April 19, the resolution had gained two co-sponsors (Thomas Massie and Paul Gosar).{{Cite web|last=Schnell|first=Mychael|url=https://thehill.com/homenews/house/4596862-massie-backs-greene-effort-to-oust-speaker-johnson/|title=First Republican publicly backs Greene effort to oust Speaker Johnson|website=The Hill|date=April 16, 2024|access-date=April 19, 2024}}{{Cite web|last=Solender|first=Andrew|url=https://www.axios.com/2024/04/19/gosar-joins-motion-to-vacate-mike-johnson|title=Third Republican joins motion to remove Mike Johnson|website=Axios|date=April 19, 2024|access-date=April 19, 2024}}

On May 8, 2024, Greene introduced a resolution to vacate the office of Speaker on the floor, forcing a vote on it within two legislative days.{{Cite web |last=Dorn |first=Sara |title=Marjorie Taylor Greene Triggers Motion To Vacate Vote On Removing Speaker Mike Johnson |url=https://www.forbes.com/sites/saradorn/2024/05/08/marjorie-taylor-greene-triggers-motion-to-vacate-vote-on-removing-speaker-mike-johnson/ |access-date=2024-06-12 |website=Forbes |language=en}} Majority leader Steve Scalise immediately moved to table (kill) the resolution; the House passed Scalise's motion by a vote of 359 to 43, effectively allowing Johnson to remain as Speaker. Several Democrats voted against removing Johnson because of the vital role he had played in providing funding for the federal government and for Ukraine.{{Cite web |date=2024-05-09 |title=House votes overwhelmingly to save Speaker Mike Johnson from Marjorie Taylor Greene's push to oust him |url=https://www.nbcnews.com/politics/congress/rep-marjorie-taylor-greene-forcing-vote-oust-speaker-johnson-ukraine-a-rcna148389 |access-date=2024-06-12 |website=NBC News |language=en}}

In July 1997, four Republican Representatives considered using the motion to vacate against Speaker Newt Gingrich after he engaged in an ethics violation in January 1997.https://www.cnn.com/ALLPOLITICS/1997/07/21/time/gingrich.html Ultimately, the Representatives did not invoke a motion.

• Vacated judgment

{{reflist}}

Category:Common law legal terminology

Category:American legal terminology

Category:Legal motions

Category:Speakership of the United States House of Representatives