Lincoln Heights council reopens abstention rule, adopts ordinance to count abstentions with the majority

The Village of Lincoln Heights council on Dec. 2 adopted Ordinance 2024-O-05 amending section 38.065 of the rules of council to change how abstentions are treated. The council voted to read by title, suspend rules, receive for passage and adopt the ordinance; roll-call votes on the motions were recorded as five ayes and no nays.

Solicitor/presenter reviewed the ordinance’s history, saying the rule was amended in 2008 to adopt what the presenter called the American rule (abstentions treated as a nullity). The ordinance removes the 2008 language so that an abstention would again “go with the majority” under the English rule. The solicitor explained the practical effect: under the English rule an abstention is counted with whichever side represents the majority of the votes cast; under the American rule an abstention is essentially not counted toward either side.

Councilwoman Nona Calhoun Mumea, who requested the amendment, said she had been seeing members abstain rather than take a yes-or-no position and argued that members have a duty to vote unless they have a conflict of interest. She said she discussed the issue with the solicitor and asked the rule be clarified so abstention without stated conflict would not be available as a way to avoid voting.

The council also noted that under chapter 38, section 38.002 of the rules of council an amendment goes into effect immediately once adopted; the solicitor read that provision into the record. The vote on the ordinance and associated procedural motions were recorded 5–0 where roll calls were taken.

Council did not record any formal motion to instruct staff to draft related guidance; the transcript shows discussion and the final votes on the ordinance but no separate direction for enforcement steps or further review.