When over two dozen Republicans initially voted no, DeLay, Barton, House Speaker Dennis Hastert and new Majority Leader Roy Blunt circled the chamber to cajole holdouts.
Republican Wayne Gilchrest of Maryland was the last to switch. With the tally stuck at 211-211, Gilchrest changed his vote, making it 212-210. Barton promptly shook his hand and Republican Mike Simpson, who presided over the vote, gaveled it to an end.
Several Democrats protested that the vote was held open. "I am informed that every member of Congress who is in town has voted," Democratic whip Steny Hoyer of Maryland said at one point, when the tally was 210 yes, 214 no.
House Democratic leader Nancy Pelosi also complained, saying the proceedings brought "dishonor to the House."