On this vote, the yeas are 58 and the nays are 40. Three-fifths of the Senators duly chosen and sworn not having voted in the affirmative, the motion is not agreed to. The point of order is sustained, and the amendment falls. Under the previous order, the cloture motions with respect to amendment No. 2789 and S. 3457 are withdrawn and the bill will be returned to the calendar. The majority leader.
Al Franken: “On this vote, the yeas are 58 and the nays are 40. Three-fifths of the Senators duly chosen and sworn not having voted…”
On the recordSeptember 19, 2012
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