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New York · Through 2026-09-11

N.Y. Assembly Rules Rule 5, § 2: Voting

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  1. Assembly Rules
  2. Rule 5. Members

§ 2. Voting. a. Every member who shall be within the bar of the House

when a question is stated from the Chair shall vote thereon, provided,

however, no vote shall be recorded for any member who is not present

within the bar of the House at the time of such vote. The roll of

absentees shall not be called more than once. Unless otherwise directed

by the Speaker, all votes shall be recorded electronically. A member may

abstain from a vote only on the grounds that such vote will constitute a

conflict of interest.

b. The yeas and nays shall be taken individually of each member on the

final passage of a bill and on any other question whenever required by

any fifteen members (unless a division by yeas and nays be pending), and

when so taken each member's affirmative or negative vote shall be

entered through the electronic voting system or in such other manner as

may be prescribed by the Speaker and entered on the Journal. Such roll

call shall remain open for a period of not less than one minute, and

shall be designated a slow roll call. During such roll call, no vote

shall be recorded unless the member voting is at his or her regularly

assigned seat or is serving or acting as Speaker, Majority or Minority

Leader.

c. In the event a slow roll call is not required pursuant to

subdivision b, the yeas and nays shall be taken by a fast roll call and

a member desiring to vote in the negative on such a roll call shall do

so by entering a negative vote through the electronic voting system or

in such other manner as may be prescribed by the Speaker. All other

members shall be recorded in the affirmative. On such a roll call the

Clerk of the Assembly shall call the names of the members who are

recorded in the negative.

d. The Speaker may allow a member to record his or her vote within

fifteen minutes after the results of the roll call have been announced

when such vote does not change the final result of the vote of the House

and such member has been previously recorded on a roll call on a bill

during the legislative session day.

e. Copies of all roll calls shall be made available to the Majority

and Minority Leaders and representatives of the news media within thirty

minutes after completion thereof and, as soon as practicable thereafter,

shall be made available for public inspection at a place designated by

the Speaker.

f. When less than a quorum vote on any subject under the

consideration of the House, it shall be in order, for any member to move

for a call of the House. Whereupon the roll of members shall be called

by the Clerk of the Assembly. After completion of the call only the

Majority Leader, or acting Majority Leader, may move that the call be

made a closed call of the House. Immediately following a closed call of

the House, the Clerk of the Assembly, upon request, shall read the names

of the members who are not present in the House. Copies of each closed

call shall be available in the Office of Journal Operations at the end

of each daily session. If it is ascertained that a quorum is present,

either by answering to their names, or by their presence in the House,

the yeas and nays shall again be ordered by the Speaker, and if any

member present refuses to vote, such refusal shall be deemed a contempt,

and unless purged, the House may order the Sergeant-at-Arms to remove

said member or members without the bar of the House, and all privileges

of membership shall be refused the person or persons so offending until

the contempt be duly purged.

g. A member who was absent at the time a prior vote was taken upon

any matter may, within thirty days following the date of his or her

first recorded vote subsequent to such prior vote, file a statement of

how such member would have voted had he or she been present at the time

of such prior vote. Such statement shall be in writing and filed with

the Clerk of the Assembly and the contents thereof shall be duly noted

on the roll call by such Clerk.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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