Motion to vacate

A motion to vacate is a formal proposal to 'vacate' (or reverse) the decision in a matter which had previously been formally ruled upon or decided.

In the legal context, a motion to vacate is a formal request to overturn a court's earlier judgment, order, or sentence. This typically involves an attorney filing a written legal motion for consideration by a judge.

Parliamentary use

In a parliamentary context, as used in a legislative body, a motion to vacate is made by a member of the body to propose that the presiding officer (or 'chair') step down. That is commonly referred to as a "motion to vacate the chair".

In the U.S. House of Representatives

The use of a motion to vacate the chair has been very rare in the United States House of Representatives, where under House rules it was considered a privileged motion, meaning any Member can offer such a motion at any time and is subject to an immediate vote.[1] However, in the 116th Congress, House rules were amended by H.Res. 6 so that motions to vacate would not be privileged "except if offered by direction of a party caucus or conference".[2]

A motion to vacate the chair has been attempted twice in the House of Representatives: in March 1910[3] and in July 2015. The 2015 motion, filed by Mark Meadows to vacate the speakership of John Boehner, was 'non-privileged'[4][5] and was referred to the Rules Committee instead of triggering an immediate floor vote.[5] The motion, however, contributed to the eventual resignation of Boehner in September 2015.[6]

See also

References
  1. Juana Summers (2015-03-07). "How To Oust A House Speaker (Hint: Don't Even Try)". Retrieved 2015-10-21.
  2. Hudiburg, Jane Armstrong (June 27, 2019). House Rules Changes Affecting Floor Proceedings in the 116th Congress (2019-2020) (Report). Congressional Research Service. p. 4. Retrieved September 17, 2020. 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.
  3. Luke Russert, M. Alex Johnson, and Alex Moe (2015-07-28). "Fellow Republican Launches Bid to Oust Boehner as House Speaker". Retrieved 2015-10-21.CS1 maint: uses authors parameter (link)
  4. Mike DeBonis (2015-07-28). "GOP congressman launches bid to oust John Boehner as House speaker". Retrieved 2015-10-21.
  5. Daniel Newhauser (2015-07-28). "Mark Meadows Tries to Boot Boehner From Speakership". Retrieved 2015-10-21.
  6. Russell Berman (2015-09-25). "The Resignation of John Boehner". Retrieved 2015-10-21.
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