{"data":{"id":"us-ny/n.y.-assembly-rules-rule-5-2","jurisdiction":"us-ny","citation":"N.Y. Assembly Rules Rule 5, § 2","heading":"Voting","body":"§ 2. Voting. a. Every member who shall be within the bar of the  House\nwhen  a  question is stated from the Chair shall vote thereon, provided,\nhowever, no vote shall be recorded for any member  who  is  not  present\nwithin  the  bar  of  the  House  at  the time of such vote. The roll of\nabsentees shall not be called more than once. Unless otherwise  directed\nby the Speaker, all votes shall be recorded electronically. A member may\nabstain from a vote only on the grounds that such vote will constitute a\nconflict of interest.\n  b. The yeas and nays shall be taken individually of each member on the\nfinal  passage  of a bill and on any other question whenever required by\nany fifteen members (unless a division by yeas and nays be pending), and\nwhen so taken each  member's  affirmative  or  negative  vote  shall  be\nentered  through the electronic voting system or in such other manner as\nmay be prescribed by the Speaker and entered on the Journal.  Such  roll\ncall  shall  remain  open  for a period of not less than one minute, and\nshall be designated a slow roll call. During such  roll  call,  no  vote\nshall  be  recorded  unless the member voting is at his or her regularly\nassigned seat or is serving or acting as Speaker, Majority  or  Minority\nLeader.\n  c.  In  the  event  a  slow  roll  call  is  not  required pursuant to\nsubdivision b, the yeas and nays shall be taken by a fast roll call  and\na  member  desiring to vote in the negative on such a roll call shall do\nso by entering a negative vote through the electronic voting  system  or\nin  such  other  manner  as may be prescribed by the Speaker.  All other\nmembers shall be recorded in the affirmative. On such a  roll  call  the\nClerk  of  the  Assembly  shall  call  the  names of the members who are\nrecorded in the negative.\n  d. The Speaker may allow a member to record his  or  her  vote  within\nfifteen  minutes  after the results of the roll call have been announced\nwhen such vote does not change the final result of the vote of the House\nand such member has been previously recorded on a roll call  on  a  bill\nduring the legislative session day.\n  e.    Copies of all roll calls shall be made available to the Majority\nand Minority Leaders and representatives of the news media within thirty\nminutes after completion thereof and, as soon as practicable thereafter,\nshall be made available for public inspection at a place  designated  by\nthe Speaker.\n  f.     When  less  than  a  quorum  vote  on  any  subject  under  the\nconsideration of the House, it shall be in order, for any member to move\nfor a call of the House.  Whereupon the roll of members shall be  called\nby  the  Clerk  of  the  Assembly. After completion of the call only the\nMajority Leader, or acting Majority Leader, may move that  the  call  be\nmade  a closed call of the House. Immediately following a closed call of\nthe House, the Clerk of the Assembly, upon request, shall read the names\nof the members who are not present in the House.  Copies of each  closed\ncall  shall  be available in the Office of Journal Operations at the end\nof each daily session. If it is ascertained that a  quorum  is  present,\neither  by  answering to their names, or by their presence in the House,\nthe yeas and nays shall again be ordered by  the  Speaker,  and  if  any\nmember present refuses to vote, such refusal shall be deemed a contempt,\nand  unless  purged,  the House may order the Sergeant-at-Arms to remove\nsaid member or members without the bar of the House, and all  privileges\nof  membership shall be refused the person or persons so offending until\nthe contempt be duly purged.\n  g.  A member who was absent at the time a prior vote  was  taken  upon\nany  matter  may,  within  thirty  days following the date of his or her\nfirst recorded vote subsequent to such prior vote, file a  statement  of\nhow  such member would have voted had he or she been present at the time\nof such prior vote. Such statement shall be in writing  and  filed  with\nthe  Clerk  of the Assembly and the contents thereof shall be duly noted\non the roll call by such Clerk.","path":["Assembly Rules","Rule 5. Members"],"source_url":"https://legislation.nysenate.gov/api/3/laws/CMA/R5S2","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"a28face1abc93b7373720ee90d4993def11604ff59c8c0abe88e429a2f02c283","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-assembly-rules-rule-5-1","next":"us-ny/n.y.-assembly-rules-rule-5-3"},"notice":"GroundRules: Original legal text. Not legal advice."}