A supermajority, or a qualified majority, is a requirement for a
proposal to gain a specified level of support which is greater than the "one
half" threshold used for majority. Related concepts regarding alternatives
to the majority vote requirement include a "majority of the entire membership"
and a "majority of the fixed membership".
A supermajority can also be specified based on the entire membership or fixed
membership rather than on those present and voting.
Parliamentary procedure requires that any action that may alter the rights of
a minority has a supermajority requirement, such as a two-thirds vote.
Changes to constitutions, especially those with entrenched clauses, commonly
require supermajority support in a legislature.
Common supermajorities A majority vote, or more than half the
votes cast, is a common voting basis. Instead of the basis of a majority, a
supermajority can be specified using any fraction or percentage which is greater
than one half, or 50 percent. It can also be called a "qualified majority".
Common supermajorities include three fifths; two thirds and three fourths.
= Two-thirds vote = A two-thirds vote, when unqualified,
means at least two-thirds of the votes cast. This voting basis is equivalent to
the number of votes in favor being at least twice the number of votes against.
Abstentions are excluded in calculating a two-thirds vote. When unqualified, a
two-thirds vote only applies to those present and voting.
The two-thirds requirement can be qualified to include the entire
membership of a body instead of only those present and voting, but such a
requirement must be explicitly stated. Alternatively, the voting requirement
could be specified as "two-thirds of those present", which has the effect of
counting abstentions as votes against the proposal.
For example, say an organization has 150 members and at a meeting, 30 members are
present with 25 votes cast. In this case, a "two-thirds vote" would be 17.
If the requirement was "two-thirds of those present", that number would be 20.
"Two-thirds of the entire membership" would be 100.
= Three-fifths, or 60 percent = Similar to the use of "two thirds",
"three fifths", or 60 percent, could be specified in the voting requirement.
This requirement could also be qualified to include the entire membership or to
include those present. Related concepts
Related concepts regarding alternatives to the majority vote requirement include
a "majority of the entire membership" and a "majority of the fixed
membership". = Majority of the entire membership =
A majority of the entire membership is a voting basis that requires that more
than half of all the members of a body to vote in favor of a proposition in
order for it to be passed. In practical terms, it means an absence or an
abstention from voting is equivalent to a "no" vote. It may be contrasted with a
majority vote which only requires more than half of those actually voting to
approve a proposition for it to be enacted. An absolute majority may also
be the same as a majority of the entire membership, although this usage is not
consistent. In addition, a supermajority could be
specified in this voting basis, such as a vote of "two-thirds of the entire
membership". By way of illustration, in February 2007
the Italian Government fell after it won a vote in the Italian Senate by 158
votes to 136. The government needed an absolute majority in the 318 member
house but fell two votes short of the required 160 when two of its own
supporters abstained. = Majority of the fixed membership =
A majority of the fixed membership is based on the total number of the
established fixed membership of the deliberative assembly. It is used only
when a specific number of seats or memberships is established in the rules
governing the organization. A majority of the fixed membership would
be different from a majority of the entire membership if there are
vacancies. For example, say a board has 12 seats.
If the board has the maximum number of members, or 12 members, a majority of
the entire membership and a majority of the fixed membership would be 7 members.
However, if there are two vacancies, then a majority of the entire membership
would be 6 members, but a majority of the fixed membership would still be 7
members. It is possible for organizations that
use a majority of the fixed membership to be caught in a stalemate if at least
half the membership consists of vacancies, making it impossible to
perform any actions until those vacancies are filled.
Similar to the voting basis for the entire membership, a supermajority could
be specified for this basis, such as a vote of "two-thirds of the fixed
membership". Use in parliamentary procedure
Parliamentary procedure requires that any action that may alter the rights of
a minority has a supermajority requirement. Robert's Rules of Order
states: As a compromise between the rights of
the individual and the rights of the assembly, the principle has been
established that a two-thirds vote is required to adopt any motion that:
suspends or modifies a rule of order previously adopted; prevents the
introduction of a question for consideration; closes, limits, or
extends the limits of debate; closes nominations or the polls, or otherwise
limits the freedom of nominating or voting; or takes away membership.
This book also states: The vote of a majority of the entire
membership is frequently an alternative to a requirement of previous notice, and
is required in order to rescind and expunge from the minutes. Otherwise,
prescribing such a requirement is generally unsatisfactory in an assembly
of an ordinary society, since it is likely to be impossible to get a
majority of the entire membership even to attend a given meeting, although in
certain instances it may be appropriate in conventions or in permanent boards
where the members are obligated to attend the meetings.
Use in governments around the world = Canada =
In Canada, most constitutional amendments can be passed only if
identical resolutions are adopted by the House of Commons, the Senate and two
thirds or more of the provincial legislative assemblies representing at
least 50 percent of the national population.
= European Union = Requirements to reach an absolute
majority is a common feature of voting in the European Parliament where under
the ordinary legislative procedure the EP is required to act by an absolute
majority if it is to either to amend or reject proposed legislation.
= India = The Article 368 of the Indian
Constitution requires a supermajority of two-thirds of members present and voting
in each house of Indian Parliament, subject to at least by a majority of the
total membership of each House of Parliament, to amend the constitution.
In addition, in matters affecting the states and judiciary, at least one half
of all the states need to ratify the amendment.
= Japan = Amendments to the constitution require a
two-thirds majority in both houses of the National Diet and a simple majority
in a referendum. = South Korea =
The approval of three-fifths of legislators is required before a bill
can be put to a vote in the National Assembly.
= United Nations = The United Nations Security Council
requires a supermajority of the fixed membership on substantive matters.
According to Article 27 of the United Nations Charter, at least nine of the
Security Council's 15 members must vote in favor of a draft resolution in order
to achieve passage. Specifying the fixed membership has the effect of making
abstentions count as votes against—absences are not normal but
would be treated the same way. This is useful for the five permanent
members of the Council because a vote against from any one of them constitutes
a veto, which cannot be overridden. Permanent members who do not support a
measure, but are unwilling to be seen to block it against the wishes of the
majority of the Council, tend to abstain; abstentions by veto powers are
generally seen by close observers of the UN as the equivalent of not vetoing
votes against and have the same impact on the decision of the Security Council.
= United States = The Constitution of the United States
requires supermajorities in order for certain significant actions to occur.
Amendments to the Constitution may be proposed in one of two ways: a
two-thirds supermajority votes of each house of Congress or a constitutional
convention called by two thirds of the states. Once proposed, the amendment
must be ratified by three quarters of the states.
Congress may pass bills by simple majority votes. If the president vetoes
a bill, Congress may override the veto by a two-thirds supermajority of both
houses. A treaty may be ratified by a two-thirds
supermajority of the Senate. Section 4 of the 25th Amendment gives
Congress a role to play in the event of a presidential disability. If the vice
president and a majority of the president's cabinet declares that the
president is unable to serve in that role, the vice president becomes acting
president. Within 21 days of such a declaration, Congress must vote by
two-thirds supermajorities to continue the disability declaration; otherwise,
such declaration expires after the 21 days and the president resumes his or
her role. While Section 3 of this amendment has been invoked three times,
Section 4 has yet to be invoked. The House may, by a simple majority
vote, impeach a federal official. Removal from office requires a
two-thirds supermajority of the Senate. In 1842, the House failed to impeach
president John Tyler. In 1868, the Senate fell one vote short of removing
president Andrew Johnson following his impeachment. In 1999, efforts to remove
Bill Clinton following his impeachment in 1998 fell just short of a simple
majority, and 17 votes short of the two-thirds supermajority. The
impeachment procedure was last used in 2010, when Judge Thomas Porteous was
removed from office. Each chamber may expel one of its own members by a
two-thirds supermajority vote; this last happened when the House expelled James
Traficant in 2002. Theoretically, a two-thirds
supermajority in the Senate is 67 out of 100 senators, while a two-thirds
supermajority in the House is 290 out of 435 representatives. However, since few
votes take place with every seat in the House filled and representative
participating, it does not often require 67 senators or 290 representatives to
achieve this supermajority. Apart from these constitutional
requirements, a Senate rule requires an absolute supermajority of three fifths
to move to a vote through a cloture motion, which closes debate on a bill or
nomination, thus ending a filibuster by a minority of members. In current
practice, the mere threat of a filibuster prevents passing almost any
measure that has less than three-fifths agreement in the Senate, 60 of the 100
senators if every seat is filled. States
For state legislatures in the United States, Mason's Manual says, "A
deliberative body cannot by its own act or rule require a two-thirds vote to
take any action where the constitution or controlling authority requires only a
majority vote. To require a two-thirds vote, for example, to take any action
would be to give to any number more than one-third of the members the power to
defeat the action and amount to a delegation of the powers of the body to
a minority." Some states require a supermajority for passage of a
constitutional amendment or statutory initiative.
Many state constitutions allow or require amendments to their own
constitutions to be proposed by supermajorities of the state
legislature; these amendments must usually be approved by the voters at one
or more subsequent elections. Michigan, for instance, allows the Legislature to
propose an amendment to the Michigan Constitution; it must then be ratified
by the voters at the next general election.
In Rhode Island, a three-fifths majority of the Rhode Island General Assembly is
required to overturn a veto. In New York, a three-fifths majority is
required to pass most tax increases. See also
Double majority Minoritarianism
Qualified Majority Voting References