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  1. The entity wishing to transfer (delegate) powers may be a member, an officer, an executive board, or a society. 1. RONR says a member may not transfer his power to vote to another person (unless governing documents or laws allow it explicitly). Is any other member power transferrable when the rules are silent, e.g., the right to attend even if in executive session, or to nominate? 2. The bylaws say the president is to appoint the finance committee. Can the president transfer that power for the current term to the treasurer? 3. The bylaws say the executive board ("board") is to set the time and location of the annual membership meeting. Can the board transfer these powers to the president for a particular year? What rule or citable principle answers this clearly? 4. Assume the RONR sample bylaws apply (56:58-67). 56:67 reads "These bylaws may be amended at any regular meeting of the Society by a two-thirds vote, provided that the amendment has been submitted in writing at the previous regular meeting." Can the Society adopt a bylaw amendment with a blank with the proviso that the board be authorized to fill the blank within one month and that the amendment goes into effect only if and when the board fills the blank? https://en.wikipedia.org/wiki/Nondelegation_doctrine says "The doctrine of nondelegation is the theory that one branch of government must not authorize another entity to exercise the power or function which it is constitutionally authorized to exercise itself. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers." And further says "However, the Supreme Court ruled in J. W. Hampton, Jr. & Co. v. United States (1928) that congressional delegation of legislative authority is an implied power of Congress that is constitutional so long as Congress provides an "intelligible principle" to guide the executive branch." Does this have any bearing on #1-4?
  2. One of our members is on a three-week-long official leave of absence. During that time, we are having elections for new members and our executive officers slate. Does a member on leave have the right to vote? She will be calling into the meeting to attend via speakerphone, which our bylaws permit, but is she considered an active member during that meeting and/or considered part of the quorum? If we are voting by ballot only, which our bylaws require, is she allowed to send in a ballot and thus vote, without actually appearing at the meeting? She is not permitted to vote by proxy but would have an actual ballot delivered. I’m having trouble finding the answer to this in ROR that I can cite. Thank you.
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