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I was listening to "The Rest is Politics - US edition", where to paraphrase one of the hosts:

"Well, you see this shows that when they are on secret ballot, the Senate can stand up to Trump. They voted for Thune (as Senate Leader), rather than Rick Scott as Trump wanted."

This got me to wonder. There are sites where voters can check how their Congress person voted on motion X, Y or Z, so most votes are not anonymous. (Ex: GovTrack.us)

Under what conditions do members of the Senate or the House cast their votes in secret ballots? Electing a leader seems like an internal procedural concern and it seems Congress has a large latitude in how it runs those things, but are there are other circumstances where voting remains secret?

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  • It may be in rules.senate.gov/rules-of-the-senate or in rules.house.gov/resources and of course all party specific votes may be secret, but they aren't really votes of the whole House or Senate, so may not count. Commented Nov 19, 2024 at 7:59
  • Thune is only the Senate majority leader and wasn't voted into this by the whole Senate only by GOP Senators. Is this included in the question? Commented Nov 19, 2024 at 8:03

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The podcast you were listening to was discussing an internal caucus vote by the Republicans. The "Senate" didn't vote on a secret ballot for John Thune as majority leader, the Republican senators voted amongst themselves to appoint him to lead their voting bloc. And since they had enough votes to control the Senate, he became the majority leader.

That's a rule the Senate Republicans made themselves, they could just as easily decide to hold a public vote. But either way it'd be an informal vote and not an official Senate vote.

That said, the rules of the House and Senate do allow for closed sessions in which all proceedings, debates, and votes are behind closed doors. That's in line with Article 1 of the Constitution, which requires that houses of Congress keep a record of their proceedings, "excepting such Parts as may in their Judgment require Secrecy."

"Closing the doors" was once very common, but is now done extremely rarely, pretty much only for impeachments, treaty discussions, and nominations that touch upon sensitive personal subjects or issues of national security. Most recently the Senate went into a closed session during the 2020 nomination of Amy Coney Barrett to the Supreme Court, and before that one has to go back to the Senate ratification of the New START treaty in 2010, when Congress understandably did not want to debate U.S. nuclear weapon policy in public. The House hasn't closed the doors since debating surveillance of terror subjects in 2008.

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