For a bill to become a law in the United States, it must pass through both chambers of Congress – the House of Representatives and the Senate. But first, it must be approved by a majority vote in the House. So how many votes are needed to pass a bill in the House?
The short answer is that 218 votes are currently needed for a bill to pass in the House. This is a simple majority of the 435 members of the House. But let’s take a deeper look at how this number is determined and the procedures involved in voting on legislation in the House.
The Constitution and House Rules
According to the Constitution, the House needs a majority of members present and voting to pass a bill. But the Constitution does not specify exactly how many votes constitutes a majority. This is left up to the rules of the House itself.
The rules of the House state that a majority of members sworn and living is needed to pass bills. Currently, there are 435 voting representatives in the House, so a majority would be 218. However, not all members may be present for a vote. The rules specify that a majority of those members present and voting is needed, as long as there is a quorum.
Quorum Requirement
A quorum is the minimum number of members who must be present for business to be conducted. According to the Constitution, a majority of members constitutes a quorum. House rules set the quorum as 218 members. So for a vote to proceed, at least 218 representatives must be present on the House floor.
If a quorum is not present, the House cannot conduct business or hold votes. The quorum call is a procedure used to establish that a quorum exists. The presiding officer will direct the House clerk to call the roll of members and note the names of those present. If a quorum is not found to be present, further action must wait until a quorum is established.
Determining Majority
Once a quorum is achieved, only a majority of members present and voting is required to pass a bill. For example, if only 300 members are present for a vote, then a majority would be 151 votes (300/2 + 1 = 151). The key factor is the number of members voting, not the total membership.
However, even with a bare quorum of 218 present, a majority of those would still be 109 votes. So in practice, as long as a quorum is present, 218 votes are needed to constitute a majority and pass a bill.
Exceptions and Special Rules
While 218 votes are typically needed to pass bills in the House, there are some exceptions and special rules that can alter the number of votes required in certain situations:
- Suspension of the rules – Some non-controversial bills are brought up under suspension of the rules, requiring a 2/3 majority to pass. This would currently mean 290 votes are needed.
- Constitutional amendments – Constitutional amendments require a 2/3 vote in both the House and Senate. So 290 House votes would be needed.
- Veto overrides – A 2/3 majority in both chambers is required to override a presidential veto. This also requires 290 votes in the House.
- House vacancies – If there are vacancies in House seats, the required number of votes for a majority decreases.
- Abstentions – Members who abstain from voting are not counted, so fewer votes may be needed if some abstain.
The Voting Process
Now that we’ve looked at vote totals, let’s examine the actual process for voting on a bill in the House:
- Debate ends and the presiding officer puts the bill up for a vote.
- An electronic voting system is used, except in rare cases of malfunction.
- The presiding officer will say “All in favor, vote ‘aye,'” and a bell will ring for members to cast their votes.
- After sufficient time, the presiding officer will say “All opposed, vote ‘no.'”
- After another period of time, the presiding officer will announce that voting is closed.
- The electronic display board will show the result – for example “Yeas 220, Nays 210.”
- The presiding officer will announce the result and whether the bill is passed or defeated.
Some key points about the voting process:
- Voting is generally open for 15 minutes, but can be held open longer if needed.
- Members insert electronic voting cards to record their votes at stations dispersed around the chamber.
- Party leaders often try to convince members to change their votes shortly before voting is closed.
- Members can change their votes up until the result is announced.
- If the vote is close, vote counting may continue for several minutes after the vote is closed.
Vote Thresholds in Recent Years
While 218 votes are needed for a simple majority, the actual number of votes required to pass bills can fluctuate:
| Congress (Years) | House Membership | Majority Threshold |
|---|---|---|
| 117th (2021-2023) | 435 | 218 |
| 116th (2019-2021) | 435 | 218 |
| 115th (2017-2019) | 435 | 218 |
| 114th (2015-2017) | 435 | 218 |
| 113th (2013-2015) | 435 | 218 |
As the table shows, the number of House members has remained stable at 435 since 1913, when it was fixed by law. So the 218 vote majority threshold has remained consistent in recent Congresses.
However, it’s worth noting that vacancies, abstentions, and absences can lower the vote total needed on a particular vote. For example, if there are 5 vacancies, the majority would be 217 votes rather than 218.
Passing Bills with Fewer Than 218 Votes
While 218 is the nominal threshold for passing bills in the House, there are occasions where bills have passed with fewer votes:
- Vacancies – If seats are vacant, the magic number for a majority decreases.
- Near unanimity – If a bill is very popular and non-controversial, most or all members present will vote for it.
- Low turnout – Fewer members may be present for late night or weekend sessions.
- Abstentions – Members abstaining from voting lower the total needed.
For example, in late December 2000 a bill passed by a vote of 412-0 even though 4 seats were vacant. Only 412 members showed up to vote, but that constituted a quorum and majority of those present.
So it’s possible on rare occasions for bills to pass with fewer than 218 votes when vacancies, abstentions, and absences reduce the vote total needed. But generally 218 votes are required.
Why 218 Votes?
The founders intended for majority rule in the House, while giving extra power to small states via the Senate. So why 218 specifically? Here are some key reasons:
- The Founders wanted the House to reflect the will of the majority of the population.
- The number 435 was fixed in 1913 for allocating House seats by population.
- With 435 members, 218 is the smallest whole number above half.
- The majority party needs 218 to exert control over the agenda and proceedings.
- The number changes slowly over time as states gain or lose seats based on the census.
So 218 is largely an artifact of having 435 representatives. But it gives a simple numerical benchmark for the majority party while ensuring the House runs on majoritarian principles.
Why Majority Rule?
The founders intended for majority rule in the House as one key element of the checks and balances system. Here are some reasons why:
- House members were intended to represent the interests of popular majorities in their districts and states.
- Simple majority rule allows for decisive action by the chamber.
- Majority rule allows a unified party to advance its agenda if given a mandate.
- Passing legislation and approving measures should require broad consensus.
- Minority rights are protected better in the Senate through rules like the filibuster.
Of course, the principle of majority rule must be balanced against the need to protect minority voices and ensure proper deliberation. But overall, majority rule in the House reinforces its role in the republican system as the chamber closest to the people.
Changing the Threshold
The 218 vote majority required in the House is deeply ingrained in precedent and procedure. But there have been occasional proposals to change the threshold required to pass bills:
- Lowering the threshold – For example, to a simple majority of those voting.
- Increasing the threshold – For example, to 3/5 of members, currently 261 votes.
- Moving to a multi-vote system – Such as requiring 2 votes with 60% support to pass.
However, any changes to the majority vote threshold could significantly alter the workings of the House and would require amendments to House rules. There is no indication such reforms have enough support to be implemented.
Pros of a Higher Threshold
- Forces more consensus building and compromise.
- Gives minorities more say over legislation.
- Encourages bipartisan policymaking.
- Discourages narrow interests from driving the agenda.
Cons of a Higher Threshold
- Makes it harder for the House to act decisively.
- Weakens the majority party’s program even when given a mandate.
- Shifts power to minority factions who can block legislation.
- Enhances gridlock since fewer bills would pass.
There are good-faith arguments on both sides. But fundamentally, majority rule reflects the Founders’ vision of the House, so the 218 vote threshold is unlikely to change without a compelling reason.
Conclusion
A simple majority of 218 votes out of 435 current members is required to pass bills in the US House under the Constitution and House rules. This majority of those present and voting, provided there is a quorum, allows the House to conduct business decisively and act on the will of popular majorities. The 218 threshold is rooted in majority rule and has been a durable benchmark through changing times. Despite occasional proposals, significant changes to the 218 vote requirement seem unlikely due to its central role in the chamber’s design.
