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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?
Guest posted a topic in General DiscussionWe had a motion to change the club by-laws, which was brought for a vote of the general membership at our annual meeting. The vote was conducted as a show of hands. The chairperson (club president) explained and spoke in favor of the amendment, and invited others to speak, for or against, and to ask questions. Several people did so. During the discussion, a point of order was raised questioning whether we had a quorum, and it was determined that we did. The chairperson voted, visibly, during the show of hands. The vote passed by a significant margin, and therefore the by-law change passed and was adopted and implemented. About a week afterwards, one of the members who both spoke and voted against the amendment sent the board an email saying that she had researched Robert's Rules, and that the fact that the chairperson voted and was not neutral was not proper, and that therefore the vote should be invalidated/voided. So - given that this was a procedural error, but was not objected to immediately as a point of order during the meeting, what do we do now? Possibilities being discussed: 1) The procedural error invalidates the vote and makes it as if it never happened, everything is changed back to the way it was before the vote. A new vote can be help at the next annual meeting (next year). 2) The procedural error does not invalidate the vote, the changes stand. 3) The board votes to determine if the changes stand or not (the by-law changes require a vote of the general membership). Any thoughts or suggestions would be greatly appreciated! Ruth
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...)