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Found 29 results

  1. If an election was held by ballot, and certain members voted that were ineligible to vote, and the ballots were destroyed after the election, on what basis can the election be considere null and void? I found this on the dummies website, but can't find the supporting language in the actual rules.. "Votes cast by illegal voters must not be counted at all, not even included in the number of total votes cast. If it’s determined that enough illegal votes were cast by illegal voters to affect the result, and these votes can’t be identified and removed from the count, then the vote is deemed null and must be retaken." where is this rule?
  2. I belong to a local social club that was established about 6 years ago. This club in not incorporated. The board has made a recommendation to its membership to modify the name of the club. A written notice of a pending motion to vote to amend the by laws and modify the name of the club. The written notice was mailed to all club members within the time frame (10 days) of the meeting for a vote to amend the by laws with the name change. The notice stated the bylaws as they stand today (CLUB NAME: Valley Club), and the proposed by laws change (CLUB NAME: Big Valley Club) . My questions are directed towards the correct procedures related to: Amend the by laws and its procedure and the verbiage related to the ballot. 1)before the vote, a motion is made to amend the by laws and modify the club name. After the motion is made, does it need a second? 2)Once the motion is made, does it open up to membership for discussion? 3)How is it sent for a vote? does it need a motion for a vote? and does it need a second? and does the membership vote to send it to a vote? 4)by Ballot Vote, How should the ballot be written so the members understand what they are voting on? 6)Do they mark the ballot with an "X" For or Against? Approve or Not Approve? Yes or No???? 7)For verification for members only to vote, should they print and sign their name on the ballot? or not sign the Ballot? The vote to amend the by laws requires a 2/3 vote of the membership present and voting. Also, the by laws refers to the name of the club in a different article and section of the by laws. My question is 1) is there a way to include this change of the club name in the other parts of the by laws in this vote 2) Does it require another notice to amend the by laws to change the club name as stated in the other sections of the by laws 3) Could the changes be automatic to keep the bylaws germane and consistent? I would like to assure that the vote proceeds fairly with due process. thank you for your help and guidance Mark
  3. Our organization's bylaws indicate that RONR shall be followed, except as otherwise provided in a specific bylaw. Every year, at the first meeting of the board after the AGM, the board members elect a vice-president during the meeting. Nominations are made during the same meeting. The nominations and election are conducted by ballot. One board member has claimed that RONR indicates that any candidate can observe the counting of the ballot. Under the board's current procedures for election of vice-president, this is problematic since each board member hand-writes the name of the candidate for which they are voting. (The board has approximately 12 members and there are normally only 1-3 candidates) I've searched through RONR and I can't find a reference to candidates observing ballot counts. Can someone point me to a reference?
  4. Is there any restriction on how the parliamentarian or any other officers (besides the president whose restrictions I am already familiar with) may vote?
  5. If the Chairman will be on a ballot for nomination to a position other than the Committee, is it proper for said chairman to preside at the Assembly?
  6. Happy New Year! For the HOA Annual General Meeting our Board of Directors mailed the membership paint chip colors, architects renderings of the colors, and included ballots to select the paint color. It was also an agenda item. The membership voted their ballots, absentee votes were counted and the votes were announced at the meeting with one color overwhelming in the majority. The results of the vote were included in the minutes. Two months later a Board member at a Board meeting made a motion to change the paint color. When I questioned whether the Board could override a ballot vote by the owners, I was told that it was announced at the meeting that the vote would be only informational. I do not recall that statement being made and it wasn't stated in the minutes. Since we had votes that were mailed-in, the absentee owners would not have heard that announcement. I believe it was an improper motion for the Board to change the owner's vote. Is there any case where a ballot vote can only be informational? To me an "informational" vote is reserved for a show of hands. Many thanks and I really appreciate your responses.
  7. Let me explain the situation and then I will ask two questions at the end of my post. Officer elections are coming up and things have gotten contentious. Nominating Committee met and presented a slate with one name for each position. The sitting President was on the slate as the nominee for President next year, as is our custom. A nomination from the floor was made to run against the sitting President. While this is allowed in our bylaws, it has never been done before. According to our bylaws, nomination from the floor are made at the September meeting and the Election is at the October meeting. We do allow absentee voting. Our bylaws specifically state that nominations from the floor will only be accepted at the September meeting (which has already occurred). Immediately after nominations from the floor the campaigning from the additional nominee's team began, and it started pitting neighbor against neighbor. The sitting President stated via email to the membership that she was removing her name from the ballot in order to end the contention. Unfortunately that appears to have only emboldened the other candidate's team. As a result, many of the members are starting a campaign for the sitting President to again run against the new nominee so that members will have a choice. Sitting President is very willing. Our bylaws state that within 7 days of the nomination meeting, that the Nominating Committee Chair will send to the President the final ballot. That has been done, and the sitting President's name is not there as she had removed her name. Our bylaws also state that within seven days of the President receiving this information from the Nominating Committee Chair, that the President will announce th final ballot to the membership via email and posting on our website. This has not been done as it is not due yet. Questions: 1)Is there any way to add the sitting President's name back onto the ballot? Or is the only option as a write-in candidate? and 2) If the only option is for the sitting President to be a write-in candidate, is there any way to prepare the ballot or handle the vote and protect anonymity? For instance, everyone will know if I vote for the candidate on the ballot or the write in candidate based on my simply making a check or writing a name.
  8. This relates to an earlier post- some new info came in. An absentee ballot went out to the membership, per the bylaw requiring a vote "whether" to accept applicants to the society. instead of composing a ballot that asks the votes whether they vote YES or NO on each applicant, the officer in charge created a ballot with a YES box only. More than that: The ballot says, in bold: [this is the exact way it was printed:] Please indicate your approval by VOTING "YES" and in another page of the ballot: Please indicate your approval by checking "YES" next to each applicant's name below. [so much for not campaigning within so many feet of the polling place..]. Question: Was this ballot OK? Was it OK but not quite fair? Was it not OK/ invalid ? Was the officer/author in violation [of fiduciary duty? , ethics? , RONR?] Thanks Yoram
  9. An absentee ballot was sent to the membership for a vote on accepting applicants for memberhsip. The bylaws provide that “active members shall decide by secret ballot and by a majority vote whether to accept the applicant as a member. Those unable to attend may cast an absentee ballot by letter or FAX." "Whether"... The printed ballot had only a "YES" box to check . No alternative. No "NO" box. Q1: Is this allowed, or does it make the ballot invalid? Q2: The COO who created the ballot said that he omitted the NO box intentionally, so as to influence the outcome [and hoping to have more yes votes and more applicants admitted]. Allowed? Objectionable? Punishable? Thank you, Yoram Kahana
  10. What is the acceptable method of counting ballots for the election of officers? Should the ballots be counted in the presence of the votng assembly or collected and counted by the meeting chair in private?
  11. Would just like to confirm that if a specific voting type is spelled out in the bylaws, is it correct that it cannot be suspended for a different voting type. I did see in voting procedure that if the bylaws require a vote to be taken by ballot that it cannot be suspended, but I didn't see it specifically called out the other way. Our by-laws state: At all meetings, except for the election of officers and new members, voting may be by voice or show of hands. We have a meeting coming up where there will be a controversial item that involves work to be done which has been quoted by a member and a non-member. Voting by voice or show of hands will get back to the member and thus potentially cause some ill-will. I would like to suggest a vote by ballot instead of show of hands. Thanks.
  12. Our bylaws state: "Voting on all matt4ers shall be by voice vote or by show of hands unless any Member, prior to the voting on any matter, demands a written vote." Is that demand for a written vote subject to a vote by the membership, or does that one person's request immediately mean that the wishes of one person are compelled to be followed by the entire membership (which at the upcoming meeting will probably be around 100 persons?
  13. Our By-Laws don't outline how to set up the ballot. In the past we would have had all three candidates listed in the ballot with directions to vote for two individuals to fill the 2 open positions. The Ballot Committee has sent out a ballot with all three individuals and asking members to vote for one person. When questioned about why the ballot didn't ask to vote for two individuals for two openings, I was told that they were going to pick the individuals with the two highest votes. Does Roberts Rules address how to create a ballot? Thanks
  14. We have a proposed amendment change to our state constitution. Each chapter must vote on it. So is this the correct procedure: Read the amendment current and proposed Ask for a motion to accept and second - state the motion Ask for discussion State that this motion requires a majority or 2/3ds vote by written ballot by chapter members present The treasurer will anounce the number presente entitled to vote Those in favor _ state motion _ will write pro. Those oppose will write con. Will ____ & ____ act as tellers (Do I need 2 tellers) Normally it is our vice president that passes & collects the ballots. Then the President and recording secrectary does the counting. Please detail how it should be done or where it can be modified. Thanks you
  15. When By-Laws require a secret ballot for election of Officers. It is appropriate, allowable to report the count of the ballot?
  16. Good day, I will begin by thanking you in advance for any guidance and advice that is offered. Let me set the stage: Our Board is comprised of 9 Directors, each with staggered 3-year terms with three Director seats open for election each year. In the past year, we have had two resignations. The positions were appointed, but appoinment must be approved by the Membership through the Annual Election. So, for the 2014 Election, we have three 3-year term seats open, one seat with 2-years remaining in the term, and one seat with 1-year remaining in the term. The 3 Directors completing their current 3-year term are all running for re-election. The 2 Directors that were appointed to the vacancies over the past year are also running for election. No other candidates sought nominations, and no nominations have been received by petition. We have 5 candidates for 5 Director positions. Question: Since we have 5 candidates for 5 positions, but 2 positions are to fill vacancies, what would be the appropriate instruction to voters? Do we ask the members to vote for 3 candidates? (We have 1 vote per member. Directors are elected by plurality vote) If voting for 3 candidates is correct, then by plurality vote, the top 3 vote getters would receive the three 3-year terms, then the lower vote getters would fill the 2-year and 1-year term. Thank you again! Ruth
  17. Question: An election is being held by ballot, mailed to members. The ballots have been printed with the nominations, and they have already been sent out to the membership. One of the nominees has chosen to withdraw himself from the election, but since the ballots have been sent out, they cannot be revised accordingly. Do the rules address this situation, and if so, how do they resolve it? (We would like to avoid a situation where the nominee who withdrew ends up garnering the most votes, which may throw the election into question.) Note that the Constitution and bylaws of the organization do not address this situation, nor do the laws under which the group is organized (NY not-for-profit corp. law). I have not been able to find this in Robert's Rules of Order, Newly Revised (which governs the organization pursuant to its bylaws). Anyone have an idea how this is handled? Thanks in advance!
  18. Our bylaws require a ballot vote for elections; otherwise they prescribe a show of hands. However, a sensitive motion will be forthcoming, and I would like to make a motion for a ballot vote in this case. When would I do that: before the sensitive motion is made; before any discussion takes place; or just prior to the vote being taken (after discussion on the motion is over)?
  19. My organization's bylaws indicate the following regarding elections: "Election of officers shall be by ballot except when there is a single nominee for an office, then the vote may be conducted by voice." Since it says that when there is one nominee that the vote "may" be by voice, how would we determine when to still continue with the required (shall) ballot or the option of the voice vote? Is there a specific section in Robert's that addresses this?
  20. National organization conducts election by mail. Teller is a professional firm Ballots mailed, and subsequently determined invalid, due to administrative error. Ballots reissued. Before ballots were reissued, a suit against the organization was filed. Membership was not advised of pending legal action until 12 days after replacement ballots were mailed. A number of members indicate they did a quick return on their ballots, but are now asking if there is a way to withdraw their ballot. Nothing in bylaws, and nothing (that I've found in RONR). Assuming that it's not prohibited, might a witnessed or notarized letter to the teller, from the individual(s) who wish to withdraw their ballot, suffice? Thanks, JS
  21. What is a secret ballot? What are the ways officers can be elected? Secret ballot, written ballot, oral vote? I'm completely new and learning. Please be patient with me and kindly help me to understand. Thank you.
  22. Hello, I was hoping to get some advice about a written ballot for a coming board election. We have a person that has held a position and no longer wishes to, but insist that her name be placed on the ballot as incumbant. I do not understand why someone who is NOT running again should have their name on the ballot. I made the ballot to say Open Seat. Is there a proper way per the rules. I would love something to quote as none of us are sad to see her go if you know what I mean. Thank you, Abigail
  23. If a member of an Association is placed on the ballot by Nomination from Petition, does the nominating committee have the right to sperate and label their candidates versus Nomination by Petition candidates on the official ballot? Thank you.
  24. After a second election ballot was issued (the first was deemed invalid since it did not follow our constitutional rules for ballots) the recording secretary resigned. The board voted to replace the RS with a person who was a candidate for a board position on the ballot. Is the second ballot still valid or should it be replaced? If the ballot is not reissued how should any votes for that candidate be handled? Thank you
  25. I have two related questions about balloted elections and business sessions in a church setting. We have three worship services each weekend. We do balloted elections for two items a year: approval of the budget and election of deacons. In the case of the budget, all discussion and amendments has been done in a single business session the weekend before. In the case of the deacons, a slate is presented to the church via publications and then voted on. (The bylaws specify that the slate as brought by the nominating committee is the only persons that can be voted on, as the nomination process has been completed before.) In both cases, at each service we call the church into business meeting, hand out ballots, vote, collect the ballots, and adjourn the meeting. Having recently been made moderator, I have had to brush up on my Robert's, so I am aware that we are actually holding separate "meetings" within one "session." Here are my two questions: 1. Since the only item of business is the ballot vote, we are in effect only holding an election. Is it necessary to actually call the church into business session, or can we just hold the election by passing out and collecting the ballots? 2. At this year's budget discussion, I led the body to use the motion "fix the time to which to adjourn" to end the discussion business session and specify that we would vote that coming weekend. Was this the correct motion to use? Thank you, in advance, for any advice you can give this new moderator.