Legal Definitions - divide the question

Divide the question refers to a procedural tactic used in formal meetings or assemblies to separate a single, comprehensive proposal (often called a "motion") into multiple distinct parts. This is typically done when the original motion addresses several different issues or proposes various actions. By dividing the question, the assembly can then discuss and vote on each individual component separately, rather than being forced to accept or reject the entire proposal as a whole. This ensures that members can express their support or opposition to specific aspects of the proposal independently.

Here are some examples illustrating how "divide the question" might be applied:

• Imagine a Homeowners Association (HOA) meeting where a board member proposes a motion: "The HOA should approve the landscaping committee's plan to plant new trees in common areas, authorize the repair of the community swimming pool's filtration system, and increase the annual HOA dues by $50 to cover these expenses." A homeowner might strongly support the pool repair and new trees but object to the dues increase. By moving to divide the question, the assembly could vote separately on:

  • Approving the landscaping plan for new trees.
  • Authorizing the repair of the swimming pool's filtration system.
  • Increasing the annual HOA dues by $50.

  This allows members to vote "yes" on the improvements they support and "no" on the financial aspect if they disagree, rather than having to reject all three items just because of one objectionable part.

• Consider a university faculty senate meeting. A senator proposes a motion: "The senate should approve the new curriculum for the computer science department, allocate funds for a new interdisciplinary research initiative, and revise the university's academic integrity policy." These are three distinct matters. A faculty member might believe the new curriculum is excellent and the research initiative vital, but find the proposed changes to the academic integrity policy problematic. By invoking the right to divide the question, the senate could hold separate votes on:

  • Approving the new computer science curriculum.
  • Allocating funds for the new interdisciplinary research initiative.
  • Revising the university's academic integrity policy.

  This ensures that each significant decision is considered on its own merits, preventing a situation where a popular item is held hostage by a controversial one, or vice-versa.

• In a city council meeting, a council member puts forth a motion: "The city council should approve the rezoning request for the new downtown development, allocate $1 million for a new public park project, and establish a task force to study public transportation improvements." These are three separate municipal issues. A council member might support the park and the task force but have serious reservations about the rezoning. By requesting to divide the question, the council can vote independently on:

  • Approving the rezoning request for the downtown development.
  • Allocating $1 million for the new public park project.
  • Establishing a task force to study public transportation improvements.

  This allows for a more nuanced decision-making process, ensuring that each component of the original motion receives individual consideration and a clear vote.