Guest sheltie person Posted February 28, 2011 at 04:15 PM Report Share Posted February 28, 2011 at 04:15 PM We are a medium sized dog club, the board is elected from the membership, and then there is a vote for officers among the board in a closed session. Currently we have 10 on the board, at the election the vote was 4 to 4, one member was absent and one had to leave before the closed session. Someone asked the newest board member to obtain votes from the other two via e-mail. One person voted, one refused to. The new board member suggested we have a repeat vote at the next meeting, this was not discussed and the person with 5 votes is assuming the presidency while the other resigned. Too late for this election, but is there a procedure to handle ties (since we have none in our bylaws?)We do have a provision to allow some discussion via e-mail, but nothing pertinent for this.Thank you for the help Link to comment Share on other sites More sharing options...
Rev Ed Posted February 28, 2011 at 04:23 PM Report Share Posted February 28, 2011 at 04:23 PM Unless the By-laws clearly provide the Board with the power to vote by e-mail (which probably ought not to do), then no e-mail votes are acceptable. The issue is still deadlocked a 4-4 until the Board holds another vote at a properly constituted meeting. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted February 28, 2011 at 06:54 PM Report Share Posted February 28, 2011 at 06:54 PM We are a medium sized dog club, the board is elected from the membership, and then there is a vote for officers among the board in a closed session. Currently we have 10 on the board, at the election the vote was 4 to 4, one member was absent and one had to leave before the closed session. Someone asked the newest board member to obtain votes from the other two via e-mail. One person voted, one refused to. The new board member suggested we have a repeat vote at the next meeting, this was not discussed and the person with 5 votes is assuming the presidency while the other resigned. Too late for this election, but is there a procedure to handle ties (since we have none in our bylaws?)We do have a provision to allow some discussion via e-mail, but nothing pertinent for this.Thank you for the helpIt's not quite too late for this election. You still have a situation. Discussion is not voting, and e-mail votes are prohibited by RONR unless expressly authorized in your bylaws. If not, the "vote" that supposedly took place was not a vote at all, and nobody was elected president. The other person has the right to withdraw, but that does not prevent people from voting for him. He could still win.There is no way you can avoid having another ballot, because nobody can get elected on less than a majority vote, and the e-mail non-vote is null and void, so you do not yet have a complete election. You should take care of this as soon as possible because anyone could make a point of order later, or see their lawyer, and you could find yourself in a pickle. Either one, or both of those two "votes" could make the difference, so you could have a "continuing breach" on your hands. Link to comment Share on other sites More sharing options...
hmtcastle Posted February 28, 2011 at 09:45 PM Report Share Posted February 28, 2011 at 09:45 PM We are a medium sized dog club . . .So, no Great Danes or Chihuahuas? Link to comment Share on other sites More sharing options...
Guest sheltie person Posted March 7, 2011 at 10:38 PM Report Share Posted March 7, 2011 at 10:38 PM So, no Great Danes or Chihuahuas?Actually, at the moment we don't -- but we do have Great Pyrenees and yorkies. and, thanks for the input. Link to comment Share on other sites More sharing options...
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