
Thune filed cloture at 4:52 a.m. ET after an overnight session; the Sept. 15 vote needs 60 yeses with ethics disputes and Hawley's opposition unresolved.
Senate Majority Leader John Thune filed a cloture motion on the Digital Asset Market Clarity Act early Saturday, setting up a procedural vote for Sept. 15. Thune submitted the motion at 4:52 a.m. ET, closing an overnight session that ran past the Senate's planned Friday adjournment.
The CLARITY Act would create a federal rulebook for digital asset markets, deciding whether tokens count as securities or commodities and assigning oversight between the Securities and Exchange Commission and the Commodity Futures Trading Commission. For exchanges and token issuers, the classification determines which agency's rules apply to their products, the central question in crypto market analysis.
Cloture limits debate on whether the bill deserves full floor consideration. It doesn't guarantee passage. The motion itself needs 60 votes, three-fifths of the chamber. Republicans hold 53 seats, so Thune must find seven votes from Democrats or independents. A successful vote would move the bill to floor debate and a separate final vote.
Thune told The Block last week that Democrats had demanded no vote before the August recess. "We're getting that queued up first thing when we come back," he said.
The filing leaves the disputes that stalled the bill before recess untouched. The remaining fights cover ethics standards and illicit-finance safeguards, a Democratic Senate aide said, with Senate Agriculture Committee language still to be folded in.
On ethics, Sens. Ruben Gallego and Thom Tillis sent a bipartisan compromise to the White House last month. The proposal would bar government officials and their spouses from launching or endorsing digital assets and require President Trump to sell his cryptocurrency business interests. Trump has not approved the terms.
Republican unity also appears fragile. Sen. Josh Hawley said he won't back the legislation until it addresses concerns about deposit flight from traditional banking. If Hawley holds out, Thune would need eight Democrats rather than seven.
The Crypto Council for Innovation called the cloture filing "a critical step forward." The group, which said it was disappointed a full Senate vote was not scheduled before the recess, plans to work both parties through August to line up votes for September.
Galaxy Research cut its probability estimate for passage in 2026 to 30% last month, down from 50%. The firm cited an increasingly compressed Senate schedule as the primary factor. The Nov. 3 midterms land roughly seven weeks after the Sept. 15 vote.
Senators return Sept. 14. The cloture vote is set for the following day.
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