Also known as:yeas and nays · yea and nay vote · roll-call vote · recorded vote
Written by attorneys · grounded in primary & secondary sources — see below
A legislative voting procedure requiring each member's affirmative or negative response to be individually recorded by name in the official journal of the house.
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Dictionaries
How it applies
Common Examples
6
Revenue Bill Passage Recorded
Representative Vincent Valdez introduces a revenue bill in the House. After both chambers pass the measure, the Senate conducts its final vote by having each senator respond yea or nay in turn. The clerk records every name and vote in the journal before the bill proceeds to the President.
Veto Override Vote Entered
After the President returns a bill with objections, the House orders a reconsideration vote. Each representative states yea or nay on the record. The journal lists every member's name and position, satisfying the two-thirds threshold for override.
Congress debates a bill regulating insurance practices across state lines. Both houses require a recorded vote on final passage. Members respond yea or nay, and the clerk enters each name in the journal before the measure is presented to the President.
United States v. South-Eastern Underwriters Association322 U.S. 533, 558, 64 S.Ct. 1162, 1177 (1944)
Primary Election Statute Challenged
A state party challenges a law limiting primary participation. Congress considers related federal legislation and records its vote by yeas and nays. Each member's name and response appears in the journal, documenting the precise legislative action taken.
Tashjian v. Republican Party of Connecticut479 U.S. 208 (1986)
Line Item Veto Dispute
Senators challenge the President's cancellation of spending items. The Senate holds a recorded vote to override the action. Members answer yea or nay, and the journal entry lists every name to establish the two-thirds majority.
Raines v. Byrd521 U.S. 811 (1997)
Deportation Suspension Vote
The House considers a resolution opposing suspension of an alien's deportation. Members vote by responding yea or nay on the record. The clerk enters each name in the journal, creating the official tally required for the measure to take effect.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Common questions
Frequently Asked
2
When does the Constitution require voting by yeas and nays?+
The Constitution requires this recorded vote on reconsideration of a bill returned by the President and on any order, resolution, or vote needing concurrence of both houses before it takes effect. The journal must list each member's name and position.
Supporting sources
Does the journal entry create a presumption of validity?+
Yes. An enrolled bill bearing the proper journal entries of yeas and nays is presumed to have been validly passed by the required majorities.
Supporting sources
462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317Legislation and Regulation
…opinion of the committee that their deportation should not be suspended." Ibid. The resolution was passed without debate or recorded vote.[^maj-3] Since the House action was pursuant to § 244(c)(2), the resolution was not treated as an Art. I legislative act; it was not submitted to the Senate or presented to the President…
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