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I found this section in the 4th edition. Is it still valid in the 11th edition? Is so please cite the Chapter and Page. Many thanks. Nancy 47. Votes that are Null and Void even if Unanimous. No motion is in order that conflicts with the laws of the nation, or state, or with the assembly's constitution or by-laws, and if such a motion is adopted, even by a unanimous vote, it is null and void.
Hello, This Tuesday our student government voted to pass a motion affirming the results of the election commission. However, it has come to my attention that a portion of the election commission bylaws violates students' fundamental rights guaranteed by the U.S. Constitution. The election results were tabulated with deductions for campaign violations, as per the election bylaws. For example, a candidate violated the university's posting policy and 80 votes were subtracted from his vote total, causing him to lose the election. There is no mechanism for appeal. If this action is unconstitutional, and therefore is in violation of a fundamental principal of parliamentary law, namely the principle of following own specific rules, could I call a point of order violation at the next meeting and make our vote to accept the election commison's results null and void? Essentially, I am asking how I should approach fixing our vote to affirm election results that were tabulated based on election bylaws that are against the Constitution. I mean we basically passed a motion to affirmed an action that violated our students' Constitutional rights. There has to be a remedy for this, right? (FYI, I am in no way involved in the election and do not know any of the cafaiates. I just do not want to see this happening at my campus.) Best, Chris
Our by-laws state that the proposed amendment must be mailed to all members before the called meeting in which proposed amendment is to be voted upon. The secretary or president did not do this. The printed proposed amendment was given out at the meeting after a member read it out at the meeting. Should this called meeting be declared null and void and all communications afterwards also declared null and void since protocol was not followed?
Not-so-hypothetical scenario: If an organziation's bylaws state that a resolution to borrow money "must be passed by a majority vote at any duly called General Meeting of the membership", and a vote to borrow, say, a million dollars was passed at a Special Meeting, would that carried motion be null and void because it contravened the bylaws? This motion, please note, was made from the floor. The notice of the meeting did not include any resolutions to be brought forward, nor did the Board bring forward any resolutions. (I realize that may be completely irrelevant...)