Mitosis is thought to be a period of transcriptional silence due to the compact nature of mitotic chromosomes and the apparent exclusion of RNA Pol II and many transcription factors from mitotic chromatin. Yet accurate reactivation of a cell's specific gene expression program is needed to reestablish functional cell identity after mitosis. The majority of studies on protein regulation and localization during mitosis have relied extensively on antibodies and cross-linking-based approaches that are known to artifactually exclude proteins from mitotic chromatin. Here we show that RNA Pol II localization in mitosis is antibody-and fixation-dependent, and that direct assessment of transcription by pulse-labeling nascent RNA reveals global, low-level mitotic transcription. We also find a hierarchy of gene reactivation as the cells transition from mitosis to their interphase amplitude of gene expression. Resetting of gene transcription during mitotic exit is coincident with enhancer transcription. Our work thus shifts focus from assessing mitotic exit as a binary transcription switch to a more nuanced concert of transcription amplitude and enhancer usage. We suggest that understanding how gene expression patterns are conserved during mitosis rests upon deciphering how transcription is maintained by promoters.During development, lineage specification and differentiation are performed by the successive expression of key transcription factors. Once a cell's functional identity has been established, it is imperative that its identity be maintained by the inheritance of the cell type-specific gene expression profile through cell division. Mitosis is the period of the cell cycle during which the recently duplicated sister chromatids are divided into two separate nuclei. At the onset of mitosis, chromosomes condense to help ensure separation of the sister chromatids. It has been thought that this condensation excludes transcriptional machinery (Martinez-Balbas et al. 1995;Prasanth et al. 2003) resulting in the termination of transcription (Prescott and Bender 1962;Parsons and Spencer 1997), and others showed a global repression of RNA synthesis by nucleotide incorporation (Prescott and Bender 1962;Konrad 1963;Johnson and Holland 1965;Parsons and Spencer 1997). However, there are caveats to each of these studies surrounding the approaches used and conclusions drawn that may have misinterpreted the transcriptional state of mitotic cells.The carboxy-terminal domain (CTD) of Rpb1, the largest and enzymatic subunit of RNAP2, is composed of multiple, conserved heptapeptide repeats of Tyr1-Ser2-Pro3-Thr4-Ser5-Pro6-Ser7. Many studies have described the role of CTD posttranslational modifications (PTMs) in the transcription regulatory cycle of recruitment, pausing, initiation, elongation, and termination (Heidemann et al. 2013). In general, phospho-serine 5 RNAP2 (Ser5-P) is found at the transcription start site and diminishes toward the 3′ end of the transcribed region of a gene, whereas phospho-serine 2 RNAP2 (Ser2-P) is low near th...