Also known as:aye and nay · yeas and nays · yea and nay · recorded vote · roll call vote
Written by attorneys · grounded in primary & secondary sources — see below
A recorded tally of affirmative and negative votes by members of a legislative body on a proposed measure or question. The tally must be entered in the journal when required by constitution on final passage or reconsideration of bills and when demanded by a sufficient number of members on any question.
Sources & Authorities
How it applies
Common Examples
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Veto Override on Revenue Bill
Representative Anika Anand sponsors a revenue-raising bill that passes both houses. After the President returns the bill with objections, the House records the ayes and nays on reconsideration. Two-thirds of the members vote aye and the names are entered in the journal, allowing the bill to proceed to the Senate for the same recorded vote.
Journal Entry on Member Request
Senator Adam Anderson moves that the ayes and nays be recorded on a pending procedural question. One-fifth of the members present support the request. The presiding officer directs the clerk to enter each member's vote in the journal before the Senate proceeds to the next item of business.
Put it into practice
Test Yourself
10
Practice Questions5
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Study Supplements
Common questions
Frequently Asked
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When does the Constitution require ayes and nays to be recorded on a bill?+
The Constitution requires the ayes and nays to be recorded and entered in the journal of each house on reconsideration of a vetoed bill. The same recording occurs on any question when demanded by one-fifth of the members present.
Supporting sources
Does failure to record ayes and nays invalidate a federal statute?+
No. The federal Constitution does not condition validity of a statute on recorded ayes and nays except in the specific veto-override setting. Many state constitutions impose stricter recording requirements on final passage that can support a challenge if names are missing from the journal.
Supporting sources
Who may demand that ayes and nays be recorded?+
Under Article I, Section 5, any one-fifth of the members present may require the yeas and nays on any question to be entered on the journal. On final passage of a bill the right to demand the recorded vote is absolute in many state legislatures.
Supporting sources
Business Associations Corporations and LlcsOrganizational structure including relationships between parents and subsidiaries · Dissolution of organizationUBEIntermediate