Leo

An annual election is conducted using a combination of electronic ballots and USPS ballots as prescribed by the bylaws. The ballots are sent to members 60 days before the annual meeting and must be received or postmarked 30 days before the annual meeting. What is the status of an individual whose membership in the organization ends in the interim between the mailing and the tellers tallying of the ballots?

Thank you George. This will help those studying for the RP exam.

Thank you George. This will help with those studying for the RP exam.

I believe the statements on pages 66 & 126, lead to the following. If the motion stated above is immediately pending, the motion to postpone indefinitely is the subsidiary motion. If the motion stated above is not pending the motion to postpone indefinitely cannot be made. Therefore, the motion to postpone indefinitely cannot be made without a main motion immediately pending.

Thank you Dan. A questions related to postpone indefinitely is in the In Order Study Guide for the NAP Registration Examination, part II, question 14. I was working with a group studying for the exam and could not think of an example.

On page 66, under incidental main motions corresponding to subsidiary motions, for each of the subsidiary motions except the previous question and lay on the table, there is a corresponding incidental main motion of the same name that can be made when no other motion is pending. On page 126, under standard descriptive characteristics 2, postpone indefinitely can can be made only while a main question is immediately pending. How are these two apparently contradictory statements be reconciled? Can someone give an example of the motion to postpone indefinitely as an incidental motion?

The concern was about the rank of a proviso. Since a proviso is not one of the bylaws being adopted and it is not a special rule of order for a meeting what is its rank. The answer from Mr. Honemann indicates the proviso has the rank of a bylaw when dealing with ballots and cannot be suspended.

If a proviso related to a bylaw revision states, "The election of officers and directors at this annual meeting shall be by ballot" and there is only on nominee for a particular office, must the ballot vote be conduct or can the one nominee for this particular office be declared elected? The revised bylaws do not require the vote by ballot at the annual meetings.

My mistake. The bylaws state the amendments take effect at the close of the meeting at which they are amended.

The bylaws state that amendments take effect at the close of the annual meeting. A bylaw revision is considered and adopted without the requirement that amendments take effect at the close of the annual meeting. 1 Do the revised bylaws take effect immediately as prescribed by RONR? or 2 Do the revised bylaws take effect at the close of the annual meeting as prescribed by the previous bylaws? and if the answer to 2 is yes 3 Can a proviso be adopted before the consideration of the bylaw revision stating that the revised bylaws if adopted take effect immediately?

The bylaws state, "The _____ committee shall be composed of eight member. The two directors, the chair of the budget committee, and one member elected from each of their five respective units." Some units are not able to elected members to the committee because no member is willing to accept their unit's nomination or election. At a committee meeting is the quorum based on the eight members prescribed by the bylaws? Or At a committee meeting is the quorum based on the three members stated plus the number of member elected by their respective units?

If the bylaws require a vote by ballot the rule cannot be suspended. If the bylaws require their be a separate ballot for each office, would that be in the nature of a rule of order that could be suspended to allow for all offices on one ballot/

If the bylaws set a condition and a penalty for not observing the condition, can the board adopt a rule adding to the conditions? For example The bylaws state a director who misses three meeting in a year is removed from the board. Can the board adopt a rule indicating lateness is also a cause for dismissal?

I don't know. I just didi a cut and paste from a word file and it turned up as it is.

Wouldn't: 1) the election of a secretary pro tem, 2) the motion to call the roll, and 3) the motion to obtain quorum constitute an agenda?