Does it take us getting sixty vote or them getting forty votes?

[Winterblues]

If they can only come up with 39 votes does that still uphold a fillibuster? If some Republicans don't show for whatever reason does that still work for them? Do we have to have sixty votes or them forty votes. What if they only have thirty five votes and we only get fifty nine? Anyone know how that really works?

[w4rma]

1. We have to get 60 and everyone has to be there to vote.

However it was only a few decades ago when filibusters required the filibustering Senator to actually talk the whole time. I think the way that America handled filibusters for most of it's existence is the best way.

[endarkenment]

2. 3/5 of the 'full senate'.

cloture - The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster. Under the cloture rule (Rule XXII), the Senate may limit consideration of a pending matter to 30 additional hours, but only by vote of three-fifths of the full Senate, normally 60 votes.
http://www.senate.gov/reference/glossary_term/cloture.htm

My guess is that would be everyone except Senator Franken and anyone else not yet sworn in. 3/5 of those. To be clear: we have to get the 3/5, they don't have to show the 2/5. Nonvoters hurt us not them.

[Venceremos]

3. The Dems need 60 votes

From wikipedia: http://en.wikipedia.org/wiki/Filibuster#United_States

Senate rules permit a senator, or a series of senators, to speak for as long as they wish and on any topic they choose, unless a supermajority of three-fifths of the Senate (60 Senators, if all 100 seats are filled) brings debate to a close by invoking cloture.

However, since all the seats aren't filled yet (Minnesota), I don't know if that means they only need 59 to break it.