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Occassional Email Voting


Guest Carrie

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I joined the board of a nonprofit that only is able to meet in person 4x per year due the the board members being spread out across the state.  Is it possible to take a vote via electronic means if it is allowed in the bylaws and the procedure for such votes is outlined for the board members?  If this is not allowed, how do other boards who are unable to have regular 'in person' meetings function and accomplish any business?  

Please note that I belong to two other boards that do allow 'occasional' voting via email to conduct business between monthly meetings if it is deemed necessary and the secretaries of those boards print the email votes and then brings that to our next in person meeting to have added to the records of those boards.  However a member of this 3rd board says that an email vote would be deemed illegal and would not stand up in court.  HELP

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1 minute ago, Guest Carrie said:

I joined the board of a nonprofit that only is able to meet in person 4x per year due the the board members being spread out across the state.  Is it possible to take a vote via electronic means if it is allowed in the bylaws and the procedure for such votes is outlined for the board members?  If this is not allowed, how do other boards who are unable to have regular 'in person' meetings function and accomplish any business?  

Please note that I belong to two other boards that do allow 'occasional' voting via email to conduct business between monthly meetings if it is deemed necessary and the secretaries of those boards print the email votes and then brings that to our next in person meeting to have added to the records of those boards.  However a member of this 3rd board says that an email vote would be deemed illegal and would not stand up in court.  HELP

Under the rules in RONR the answer is clearly, yes, as the bylaws take precedence over the rules in RONR.   We can't answer any questions about what is legal or would stand up in court.

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Just now, Guest Carrie said:

So George just to be clear, if the bylaws state that occasional votes may be taken via email that would be considered accurate?

It would be consider proper under the rules in RONR to take occasional votes by email (whatever occasional votes means) if the bylaws authorize it, yes.  You'll have to check with an attorney to see if there is some statutory rule regarding this matter.

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