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Are members of Congress entitled to abstain or vote "present" (as opposed to yea or nay)? Is there a way for members of Congress to be reprimanded for absenteeism or chronic abstention from voting? Is there a contempt of Congress type of charge, or is abstaining to keep a quorum from being attained considered a valid strategy?

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  • The quote in Bramar's answer says "but it [voting "present"] contributes towards the quorum", yet you say "or is abstaining to keep quorum from being attained". Are you saying abstaining is different from voting "present" (and that it doesn't count towards quorum)? Commented 2 days ago

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The United States Constitution (Article 1) has these relevant things to say:

... and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

This requirement means that at least half of the members and one more of each chamber must be present for the Congress to be able to conduct its business.

Each House may determine the Rules of its Proceedings

This means that each house of the Congress can define the voting rules of the chamber.

and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

This means that "Yeahs" and "Nays" are mandatory options, but it also mentions "one fifth of those Present", meaning that those "voting" and those "present" do not have to be the same.

and for any Speech or Debate in either House, they shall not be questioned in any other Place.

This means that the members' of the Congress speech (including voting) is absolutely immune from any adverse action by anyone else (including - courts).

This all combined leads to a conclusion that while "Yeas" and "Nays" are options that must exist, the voting and the presence are separate concepts in the Constitution when it comes to the actions of the members of the legislature. The prohibition of repercussions for the speech on the floor (including saying "Yeah" or "Nay", or not saying anything at all, or saying "Present") leads to an inevitable conclusion that there could be no law forcing members of Congress to vote.

As such, there's absolutely an option to vote or to abstain (i.e.: make or not make a certain statement) while remaining "present" in the Constitutional sense (i.e.: keeping the quorum, or demanding the vote tally to be entered in the journal).

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  • "Each House may determine the Rules of its Proceedings": this also means that each house can establish the procedure for determining whether a quorum is present. At least one house does so by assuming that a quorum is present unless a member requires an actual count. This is how they continue to conduct business with just a handful of members on the floor, well less than half. This could include voting on and passing bills, though I do not know how frequently that happens. Commented yesterday
  • The Clerk of the US House of Representatives lists all recent votes, including the tally of members voting yea, nay, or present. I counted three votes so far this year (out of 77, not counting the initial roll call vote) where a member voted "present"; and on all three votes, there was only a single representative who voted that way. Commented yesterday
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Yes, they can. According to the Congressional Institute:

When a bill or amendment is up for a vote, a Representative may vote “aye”, “no”, or “present”, which is a refusal to take sides. A “present” vote does not count towards or against the passage of a bill, but it contributes towards the quorum, which is the minimum number of Members required in attendance for the body to conduct business legally.

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Members of Parliament can vote, or not vote, however they like. If they don't toe the party line, then under the whip system, they might face the sanction of being suspended or expelled from their party. However, that doesn't make an abstention unlawful, and it doesn't prevent the MP from continuing to sit in Parliament as an independent.

There is no option in the UK to vote "present". You either vote "Aye", "No", neither, or both (the latter two options both being equivalent to an abstention). There's a related concept called "pairing" where an aye and a no voter both agree to abstain so that they cancel each other out. This is normally used when one can't attend parliament (e.g. because of illness).

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  • Comments have been moved to chat; please do not continue the discussion here. Before posting a comment below this one, please review the purposes of comments. Comments that do not request clarification or suggest improvements usually belong as an answer, on Law Meta, or in Law Chat. Comments continuing discussion may be removed. Commented yesterday
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The Israeli Parliament (the Knesset) also allows an explicit "abstain" vote. While there's no requirement of quorum, and certain laws are known to have passed with a handful of MKs present, the abstain vote is important for a different reason. The Israeli government is based on a parliamentary coalition, and coalition members may be required to follow the guidance of the coalition coordinator (usually under the directive of the Prime Minister) on how to vote on laws that are important to the government. Those who vote against the guidance (either for the law the government opposes or against the law the government supports) risk disciplinary actions from their respective fraction leaders.

Often times, coalition MKs who don't want to vote with the government prefer to just "miss" the vote, but that too can lead to certain disciplinary actions (this time from the Knesset administrative leadership) if too many votes are missed.

Abstaining would not violate the coalition guidance, doesn't count as a missed attendance, and allows MKs to express their disagreement while avoiding the immediate negative repercussions.

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Are members of congress entitled to abstain or vote "present" (as opposed to yea or nay)?

Yes.

Is there a way for members of congress to be reprimanded for absenteeism or chronic abstaining from voting?

Each house can discipline its own members according to its own rules. (Representative Adam Clayton Powell, Jr. was excluded from his seat for (among other reasons) excessive absenteeism, although the Supreme Court later ruled this to be unconstitutional for other reasons.) Censuring someone for their voting choices seems like something members would tend to avoid for political reasons, at least.

A contempt of congress type of charge or is abstaining to keep quorum from being attained considered valid strategy?

The houses of Congress typically "reprimand," "censure," or "expel" their members. Criminal contempt is off the table, as it would require a court trial, and the constitution immunizes members of Congress as noted in littleadv's answer. A house could, I suppose, find one of its own members in contempt using its inherent contempt power, but given the ability to discipline members under the rules, and the fact that inherent contempt is almost never used, this seems unlikely.

On the relationship between "present" votes and quorum determinations, see for example Voting and Quorum Procedures in the Senate from the Congressional Research Service. It begins by discussing voice votes:

Until a point of no quorum has been raised, the Senate operates on the assumption that a quorum is present, and even if only a few Senators are present, a measure may be passed or a nomination agreed to.... Voice votes may be taken on the passage of a bill and if no question of a quorum is raised, that action is final, even though a majority of the Senators did not participate; the Senate operates on the absolute assumption that a quorum is always present until a point of no quorum is made.

Then, on roll call votes:

Every Senator is expected to vote on each roll call unless, under paragraph 3 of Rule XII, "he believes that his voting on such a matter would be a conflict of interest." If a Senator declines to vote for any other reason, paragraph 2 of the same rule prescribes a procedure for the Senator to explain his or her reason and for the Senate to decide if that reason is sufficient; this procedure is very rarely invoked.

For a roll call vote to be constitutionally valid, a majority of Senators must vote, answer "Present," or announce that they have live pairs and refrain from voting for that reason. If less than a majority is present on a roll call vote, a quorum call usually ensues. Once a quorum is established, a new vote takes place on the question before the Senate (in other words, the question is put de novo).

On "pairs":

Pairing is a voluntary arrangement between individual Senators to offset their votes on a roll call vote so that, if one of the Senators needs to be absent, it is offset by another member who does not cast his vote. "When less than a quorum votes, but the addition of names of Senators present and paired and announcing votes made a quorum, the vote is valid." Riddick's Senate Procedure, p. 1431.

"A yea and nay vote by less than quorum is not valid unless a sufficient number is present and paired to make a quorum." Riddick's Senate Procedure, p. 1075. "Where less than a quorum votes, as disclosed by a yea and nay vote, the next business is for the presiding officer to direct a call of the roll to develop a quorum." Riddick's Senate Procedure, p. 1064. Alternatively, the Senate may vote to adjourn.

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