The 60-Vote Myth

02/13/2009 by Jim Naureckas

You see it all the time: You need 60 votes to pass a bill in the Senate.

Not exactly.  Under Senate rules--which can be changed by a majority vote--you need the consent of 3/5ths of the Senate to close debate on an issue; that's 60 votes. To pass a bill, you need a majority of those present. Since Ted Kennedy is sick and Al Franken has not yet been seated, that's 49 votes.

Is that an academic distinction?  No, not really.  Politically, voting against an emergency stimulus bill is very different from voting to block a vote on an emergency stimulus bill.  Particularly if Majority Leader Harry Reid required filibusterers to actually hold the floor, Mr. Smith Goes to Washington-style, Republicans might find it a great deal harder to keep a 41-vote bloc together.

In any case, Americans are generally under-informed about the way their complex system works. Spelling out what's going on, even if it takes an extra sentence, is preferable to a misleading and sometimes inaccurate shorthand.

Update: jhm in comments is correct in saying that it is not the debate cloture rule, but rather a Senate rule against deficit spending, that required a 3/5ths majority vote to pass the stimulus bill.  Both are self-imposed requirements, adopted through majority vote, but the politics of standing up against deficit spending are different from standing up against the Senate voting.

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2 Responses to “The 60-Vote Myth”

  1. jhm Says:

    Congress Matters puts paid to your assertion that the 60 votes were needed for cloture on the stimulus [h/t Zoon Politikon]:

    The bill will be subject to a point of order due to its deficit spending, but the point of order can be waived by a 3/5 vote of the Senate. So that means passage would ultimately have required 60 votes whether Republicans filibustered or not.

  2. FAIR Blog » Blog Archive » How Many Votes Does It Take to Pass a Senate Bill? Says:

    [...] really is worth being specific on this: It does not take 60 votes to pass an ordinary bill in the Senate; it takes a majority of [...]

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