A walking quorum occurs when a majority of members of a decision-making body reach consensus through a series of private conversations (emails, phone calls, texts, or back-to-back meetings) rather than in an open, noticed session. Each conversation includes fewer than a quorum, but together they amount to a majority decision outside the public process.
Why It Matters
Circumvents transparency requirements.
Denies minority members or the public a chance to hear deliberation.
Erodes trust in the legitimacy of decisions.
At the federal level, can resemble “backroom deals” where legislation is effectively decided before formal debate.
Tell-Tale Signs
In official meetings, complex decisions are adopted with little or no debate.
Members appear to know in advance how others will vote.
Silence or vague comments replace genuine deliberation.
Public questions about when and how the decision was made are brushed off.
Examples Across Levels
Local: A city council avoids discussing a zoning decision at meetings but “checks in” one by one with the mayor, who then announces consensus.
State: A legislative committee chair circulates positions privately, ensuring a majority agrees before the public hearing.
Federal: Party leaders negotiate a budget deal entirely behind closed doors, presenting it for a floor vote with no meaningful debate.
Countermeasures
Strengthen sunshine/open meeting laws (where applicable) to define walking quorums as prohibited deliberation.
Require meeting agendas and documentation for all discussions where policy positions are shaped.
Encourage minority reports to be entered into the record if members feel excluded.
Adopt parliamentary practices (e.g., Robert’s Rules) that protect the right to full and fair debate.
Related Patterns