Appeal (motion) - Explanation and Use

Explanation and Use

George Demeter notes that it "protects the assembly against the arbitrary control of the meeting by its presiding officer." The most common occasions for the motion to appeal are when the chair misassigns the floor or incorrectly recognizes a member; when the chair rules on a motion as not within the scope of the organization's purposes; when the chair rules on germaneness of an amendment; when he rules on points of order and questions of privilege; when he rules on the interpretation of words, phrases, provisions, etc.; and when the chair misapplies the rules of a motion (especially in reference to the rankings of motions). Members have no right to criticize a ruling of the chair unless they appeal from his decision. In stating the appeal, the presiding officer always uses the form, "Those in favor of sustaining the decision of the chair..." rather than a biased form such as "Those in favor of sustaining the bylaws..." Appeals are debatable, because they may involve questions of importance to the assembly. If the reasons given for the appeal are convincing, the presiding officer may change his ruling accordingly, in which case the appeal is automatically dropped. An appeal may be laid on the table but may not be referred to committee in legislative settings. Parliamentary authorities differ as to whether and when laying an appeal on the table takes the main subject with it, with Mason's Manual stating that the main subject does not go to the table with it; Demeter stating that the main subject goes to the table if the appeal involves the germaneness of an amendment to a question; and The Standard Code (TSC) appearing not to allow it to be laid on the table at all, listing only the motions to close debate, limit debate, and to withdraw as motions that can be applied to it.

Mason's Manual states, "In some states the ruling of the chair by tradition is given great weight, and appeals are not made lightly." But Robert's Rules of Order Newly Revised (RONR) notes that in some cases, the chair may welcome an appeal because it takes the onus off of him.