Joshua Katz

I agree with Mr. Brown's points, although I have no idea about the colors (I find that color-blind people, like myself, tend to just tune out any facts about colors as irrelevant.) I'm not sure I love the form of the questions, though - they remind me of the academic "norm" of making a speech, then turning it into a question with "don't you think?" Wouldn't it suffice to ask "what do you get when you mix A and B?" and then ask "what does this document say?" when given the wrong answer, since the rules of evidence don't apply and you could point to a club document even on a collateral matter? After all, we're told that there are publicly-available (or at least club-available) documents which demonstrate the right answer.

I would reconsider whether this club should exist. The board, so far as parliamentary procedure is concerned, has those powers given to it in the bylaws. Did the board have the authority to do this? We cannot give legal advice; for that, you need to ask an attorney. Did the President have the authority to make such a rule? There is no conflict, so far as RONR is concerned, where a husband/wife team are President/Treasurer. If an organization is uncomfortable with it (or frequently has its Presidents stealing) the organization can make a rule to prohibit it, but it would need to be in the bylaws since it is a qualification for office, of sorts. The President, like the board, has such powers as the bylaws give him. I don't quite understand the transaction, but it is a bylaws question whether the President can enter into it, in any case. Well, I am not part of your club, and this is just personal grievances, there's no parliamentary question here for me to answer. That said, if the organization wants a different President, it can wait until the elections, it can use the disciplinary process, or, if language about "until successors are elected" appears in the term of office language in the bylaws (does it?) it might be able to replace the President earlier. Members not attending meetings, though, will not achieve much (other than, perhaps, denying quorum, which also doesn't achieve much).

It's ultimately a question of bylaw interpretation, which only your organization can do, but in general, "shall" indicates mandatory language (but not always). I would personally be inclined, knowing only what I know (i.e. lacking context) to say that the vacancy needs to be filled, but in the end, it's not up to me. It's also not up to the person who thinks it can stay open. The only person who can take action right now is the President (the former Vice President). If the President does not appoint someone, you could raise a point of order, and the board would then decide what it thinks the bylaw means.

While it might be (although I'm not convinced) that RONR needs to set out more assistance on this, I think the lion's share falls on the organization - not in the adoption of its rules, but in its specifications to software vendors, or choice of software. That is, the parliamentary issues do not change much when we talk about electronic voting, particularly when we're talking about it at a meeting. The issue, as I see it, is that the organization is using software unsuitable for its needs as a deliberative assembly. Nothing in RONR can fix that, it's a matter of telling vendors what RONR and your rules require.

There's no need to confirm that those who seconded the motion were authorized to do so. Even if they weren't, by the time debate began, any deficiencies in seconds became immaterial. The presence or absence of a quorum is irrelevant - if a motion were made to adjourn, for instance, in the absence of a quorum, the minutes would not note who seconded it, either.

What occurred? Does it have any relation to the situation Guest Ann discussed? If not, please start a new thread and expand on what happened at the meeting.

The technician, most likely, depending on the program. I'm less confident about the programmer, who can tell you all the reasons votes would be declared illegal, but not what happened in your instance without looking at your data. But neither are members of your assembly, and you shouldn't need to rely on them. You need software that says why votes are illegal. I continue to feel we can't provide much useful advice here other than that.

I suppose this is susceptible to the interpretation that some human is refusing to explain the actual results, but I don't think it's the most natural reading.

The more I think about it, the more troubled I am by this business of having illegal ballots because the computer says so, and no one able to say why. It's incredibly open to abuse, and violates all sorts of parliamentary principles. It places a decision rightly in the assembly's hands far beyond it, and in my view, is unacceptable on first principles. If you are using a voting system which rejects votes without telling you which votes, or why, I say the organization is running unfair elections by definition. If it is able to say "it was ballot #4, and the reason was..." that's something different, even if the assembly doesn't investigate any further.

Oh, I'm with you, but it seems like KimSee said the organization doesn't know either, and can't know. So I don't see how we can help.

I think you should avoid using any software that gives you inexplicable results.

All of you are correct about what RONR says, but the OP was looking for a word that sounded like "excuse." "Abstain" does not.

Recused. He was under no obligation to recuse himself, but is free to do so, without any explanation, or, as in this case, with a poor one. I also don't know what you mean by "or business" though. The business of the previous meeting presumably should be handled at that meeting. In the rare event that you have unfinished business, he can vote on it freely. General rule: members can always vote. In any case, the word you are looking for, when you choose not to vote on something, is to recuse oneself.

Hmm, I suppose that, by implication, there's been an appeal, and it's been postponed. That would be the only way to make sense of these events. You're under no obligation, if you don't want, to answer the email. If the issue is to come up at the next meeting, you could just say you'll debate it there. Or you can reply, whatever you think is most beneficial. If the problem really is knowledge, not evil intent, you could download one of those cards explaining the basic (available for purchase from NAP for about $3 for non-members) and email it to them with your reply.

None of this procedure is proper. You raised a point of order. It should have been ruled on (probably not well taken) and you could have appealed. That would be when you explain why you believe the proposal violates the bylaws, not after the meeting.

No, it has nothing to do with them (except in ministerial functions such as signing). The Secretary should note that the minutes are approved, the date, and sign. You might point out that the Secretary is not asked to "affirm" the minutes, but simply to record and verify that the assembly approved them, which it did. The President has nothing to do with it. If the Secretary refuses to do his job, you might consider disciplinary proceedings.

Good point, and I agree that if this is a public body, the situation changes (and goes beyond the scope of this forum).

The only real advice I can give is that the right to vote is fundamental, and can only be lost in accordance with the procedure for terminating rights in the bylaws, or as the result of a disciplinary process. She should recuse herself, though, on any vote regarding her pay, which is a topic in which she has a personal pecuniary interest not in common with the others, but cannot be forced to do so. It sounds, though, as if there shouldn't be any such votes, since the committee is not authorizing or paying the money, so I have trouble seeing the conflict. I suppose a person could vote in a manner that causes the website to require more maintenance, if working as a contractor, but I think it's best to presume people will not be purposefully destructive - particularly those trusted enough to be hired as contractors in the first place. A conflict exists where a person votes on their own interests, but when it is mediated through "first I need to vote to break something" I see it as more remote.

Well, I agree with your post, but if you take the position (with which I agree) that the special meeting must be called by the chair, the chair is going to control what goes into the call. While technically the assembly controls the agenda, the chair can, therefore, limit the topics discussed. The bylaw portion quoted doesn't even say that the 3 members specify the topics, but in any event, if they ask for X, Y, and Z, and the call says X and Y, it's not clear to me what they can do about it at the special meeting. They can, of course, attempt to discipline the chair after the fact.

I used to wonder why we do this, but I just got used to it.

Of course, but my point is, you enter a strange area when you depart from RONR's wisdom in the first place. Voting outside of a meeting is prohibited by RONR. If the bylaws allow it, it doesn't seem that odd to me that they might also make a mess of determining what is in the nature of a rule of order. However, the standard is "clearly," so maybe that answers it.

My opinion: Someone can vote who has not heard all the information. However, since your rules do not permit email voting, this particular vote does not count.

That's an interesting suggestion. I suppose my first thought is that it calls for voting outside a meeting. However, rules about voting are usually in the nature of rules of order, and voting usually takes place during a meeting, so maybe bylaws about non-meeting voting are suspendable? The question would be, how would one go about suspending them? When would the vote to do so be held? Presumably, some people might not bother voting who otherwise would have because they've been told their votes won't count, then you'll suspend and they'll learn they would have... I think what we're finding here is that there is no perfect solution, nor agreement on what is fairest in the circumstances.

Of course, I agree (and should have said earlier) that the ultimate judge here is the voting body. That said, I think the boldfaced word above is key. Is it improper to conduct an election according to the timeline in the bylaws? I say no, and therefore, no one has been improperly prevented from voting. Nothing at all prevented them from complying with the bylaw deadline, except some misinformation - which, again, did not prevent them, since they could have complied with both. I would think it would be far more interesting if it were impossible to comply with both.

In my opinion, unless your bylaws provide for such a thing, no. The way the hierarchy works is that, when one rule governs over another, the lower one is simply void and of no effect. Here, you have a rule in the equivalent (I suspect) of your bylaws, indicating when the vote must be postmarked. Then you have a contradictory statement, seemingly not even adopted as a rule, on the ballot. It's a harsh outcome, and not one I'm pleased with, but I say you count those that came in before the real deadline (and, yes, disenfranchise the rest, to an extent), and the election results are final. If there is a procedure for holding an early election, your organization could consider using that to hold a new election, but if not, well, there you go. I suppose if you have the "successors are elected" language in the term of office, you could adopt a motion to remove everyone for the purpose of a new election, but it will be held by whatever your vacancy procedure is, which is likely not another election by the same assembly. In short, I guess I'm not fond of work-arounds. Your members are assumed to know the bylaws. The bylaws say August 25. Then they get a letter saying a later date, they should say "hmm, well, the bylaws say August 25, I'd better be safe and mail it in early." I think there could be a bigger issue, actually, if the dates were reversed - then people would be saying they voted, but they didn't have time to fully consider their votes because of an artificially early deadline - and there would be no "safe" solution. Here, the safe solution for anyone is to vote by the earlier deadline (not often). That is, they could comply with both rules, and should.