---
kind: "section"
citation: "10 U.S.C. § 949l"
title: "10"
title_heading: "Armed Forces"
number: "949l"
heading: "Voting and rulings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/949l"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter IV — Trial Procedure"
---

# §949l. Voting and rulings

- (a) **Vote by Secret Written Ballot.—** Voting by members of a [military](/usc/10/801.md?p=8) commission under this chapter on the findings and on the sentence shall be by secret written ballot.
- (b) **Rulings.—**
  - (1) The [military judge](/usc/10/801.md?p=10) in a [military](/usc/10/801.md?p=8) commission under this chapter shall rule upon all questions of law, including the admissibility of evidence and all interlocutory questions arising during the proceedings.
  - (2) Any ruling made by the [military judge](/usc/10/801.md?p=10) upon a question of law or an interlocutory question (other than the factual issue of mental responsibility of the accused) is conclusive and constitutes the ruling of the [military](/usc/10/801.md?p=8) commission. However, a [military judge](/usc/10/801.md?p=10) may change such a ruling at any time during the trial.
- (c) **Instructions Prior to Vote.—** Before a vote is taken of the findings of a [military](/usc/10/801.md?p=8) commission under this chapter, the [military judge](/usc/10/801.md?p=10) shall, in the presence of the accused and counsel, instruct the members as to the elements of the offense and charge the members—
  - (1) that the accused must be presumed to be innocent until the accused’s guilt is established by legal and competent evidence beyond a reasonable doubt;
  - (2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and the accused must be acquitted;
  - (3) that, if there is reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; and
  - (4) that the burden of proof to establish the guilt of the accused beyond a reasonable doubt is upon the [United States](/usc/10/101.md?p=a-1).

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2589.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 949l, added Pub. L. 109–366, § 3(a)(1), Oct. 17, 2006, 120 Stat. 2615, related to voting and rulings, prior to the general amendment of this chapter by Pub. L. 111–84.