Rights of members on leave

[Kris]

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.

[J. J.]

RONR does not cover a leave of absence.  The  ability to grant a leave of absence and what rights a member on leave has would have to placed in the bylaws. 

[Transpower]

She could "Raise a Question of Personal Privilege."

[Richard Brown]

Assuming for the sake of argument that she is considered an active member and may participate in the meeting by telephone, the question becomes whether and how she should be allowed to vote if the bylaws require the vote to be by ballot.

I believe it is ultimately up to the assembly to decide this, since they're rules do permit members to participate by telephone. It is my personal opinion that she should be allowed to vote verbally by phone, since even when a vote is by ballot, a member is not prohibited from disclosing his vote or even passing his ballot around and showing it to everyone else before putting it in The Ballot Box.

I believe that submitting a ballot by mail would be a form of absentee voting which should not be permitted.

Edited January 15, 2018 at 03:34 PM by Richard Brown
Added last paragraph and corrected typo

[Guest Who's Coming to Dinner]

There is only one kind of member under RONR and that kind has the right to participate in meetings and vote.

[J. J.]

First, I am speaking of the general case, and not to this one as it is unknown if a person on leave may vote.

1 hour ago, Kris said:

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?

In the case the person is a voting member at the time, I will have to make two assumptions:

1.  That there is nothing in the bylaws that requires a member to vote.

2.  That there is nothing in the bylaws that requires a member to vote by telephone, i.e. there is a meeting where a member could attend and vote.

In that case, the framers of the bylaws, established both the ability to vote by phone, unlimited, and the requirement to vote by ballot.  A person voting by phone cannot vote by ballot, at least as the current level of technology.  There is the implication that, to cast a vote by phone, where the member is voting by ballot, that he waives his right to secrecy in that circumstance.  The member can retain his right to secrecy in voting by showing up; the member, even if present, could reveal how he chooses to vote, even in a secret ballot vote.

The member has to make a choice to either maintain the secrecy of the ballot, by showing up and voting by ballot, or voting by phone and waiving his right to secrecy.