Guest quinnsrock Posted February 11, 2017 at 07:24 AM Report Share Posted February 11, 2017 at 07:24 AM We recently had an election where a proxy was turned in with the front page complete (Owner name, address, signature) but the 2nd page was left blank. In California, page 2 has the voting instructions. List of candidates or vote at proxyholder's discretion. The proxy was not accepted and handed back to proxyholder. Proxygiver was contacted shortly thereafter and page 2 was then completed. The proxy was presented again and rejected again. There seem to be no clear procedure for this situation. Does anyone know of specific protocol for handling a proxy presented this way. Should it count toward quorum? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted February 11, 2017 at 11:03 AM Report Share Posted February 11, 2017 at 11:03 AM See FAQ #10. Quote Link to comment Share on other sites More sharing options...
Guest quinnsrock Posted February 11, 2017 at 05:21 PM Report Share Posted February 11, 2017 at 05:21 PM Thank you Hieu. Our Bylaws permit proxies so the question is not are the accepted, but should this one be accepted for quorum? Quote Link to comment Share on other sites More sharing options...
jstackpo Posted February 11, 2017 at 06:07 PM Report Share Posted February 11, 2017 at 06:07 PM Do your bylaws (or the CA law) state that the proxies count toward the quorum? RONR doesn't speak to or of various proxy rules, perhaps because of questions like yours. Quote Link to comment Share on other sites More sharing options...
Guest quinnsrock Posted February 11, 2017 at 08:57 PM Report Share Posted February 11, 2017 at 08:57 PM We can find nothing in writing regarding the issue. Some Assoc. specifically state that incomplete proxies are invalid. This is one is similar to a blank ballot, outside of envelope filled out correctly, yet inside the ballot was left blank. That would count toward quorum. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted February 12, 2017 at 03:00 AM Report Share Posted February 12, 2017 at 03:00 AM 9 hours ago, Guest quinnsrock said: Thank you Hieu. Our Bylaws permit proxies so the question is not are the accepted, but should this one be accepted for quorum? That's covered in FAQ10. It says that answers must be found in the provisions in the laws or bylaws that authorize their use, rather than in RONR. Quote Link to comment Share on other sites More sharing options...
Guest quinnsrock Posted February 14, 2017 at 07:48 PM Report Share Posted February 14, 2017 at 07:48 PM Lighten up Wonk! Simply looking for someone who may have had experience with this situation. \ Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted February 14, 2017 at 08:27 PM Report Share Posted February 14, 2017 at 08:27 PM "The assembly itself is the judge of all questions arising that are incidental to the voting or the counting of the votes." (RONR [11th ed.], p. 409, ll. 16–18) Any controversy over this proxy may be handled by raising a point of order and obtaining a ruling by the chair, possibly followed by an appeal and vote of the assembly to decide the matter. Quote Link to comment Share on other sites More sharing options...
Rev Ed Posted February 14, 2017 at 09:10 PM Report Share Posted February 14, 2017 at 09:10 PM The one question I have is whether or not the proxy was completed in time for the start of the meeting? If not, an argument could be made that the proxy would not count. Then again, as the By-laws of the organization provide for proxy voting, then the specific By-law(s) should be amended to specifically deal with this type of situation. For example, the By-law could be amended to add a statement such as: "The entire proxy must be filled out to be valid." The proxy document could include a box to tick off (or initial) if a member wants to abstain from voting on a particular issue. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted February 14, 2017 at 11:06 PM Report Share Posted February 14, 2017 at 11:06 PM 3 hours ago, Guest quinnsrock said: Lighten up Wonk! Simply looking for someone who may have had experience with this situation. Still, this is the RONR forum. The closest rule in RONR would tell you that for any ballot that is deemed questionable by the tellers, the question of its validity should be put to the assembly, by majority vote. That gets everyone off the hook, when you can't identify a rule that clearly applies. Quote Link to comment Share on other sites More sharing options...
Gary c Tesser Posted February 15, 2017 at 08:50 AM Report Share Posted February 15, 2017 at 08:50 AM 9 hours ago, Gary Novosielski said: Still, this is the RONR forum. The closest rule in RONR would tell you that for any ballot that is deemed questionable by the tellers, the question of its validity should be put to the assembly, by majority vote. That gets everyone off the hook, when you can't identify a rule that clearly applies. Adroitly done. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted February 15, 2017 at 08:40 PM Report Share Posted February 15, 2017 at 08:40 PM 11 hours ago, Gary c Tesser said: Adroitly done. Merci. Quote Link to comment Share on other sites More sharing options...
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