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.

Legal use

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. This 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 is considered a 'privileged' motion, meaning any Member can offer such a motion at any time, and the motion is subject to an immediate vote.[1]

In 2015, Representative Mark Meadows filed, as 'non-privileged', a motion to vacate the speakership of John Boehner.[2][3] Because Meadows had filed his motion as a 'non-privileged' motion, it was referred to the Rules Committee, instead of triggering an immediate floor vote.[3] The motion, however, did contribute to Speaker Boehner eventually submitting his resignation in September 2015.[4]

A motion to vacate the chair had only been attempted once previously in the House of Representatives, in March 1910.[5]

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. ↑ Mike DeBonis (2015-07-28). "GOP congressman launches bid to oust John Boehner as House speaker". Retrieved 2015-10-21.
  3. 1 2 Daniel Newhauser (2015-07-28). "Mark Meadows Tries to Boot Boehner From Speakership". Retrieved 2015-10-21.
  4. ↑ Russell Berman (2015-09-25). "The Resignation of John Boehner". Retrieved 2015-10-21.
  5. ↑ 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.
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