Illegal voter

[Guest amber]

What do you do when a person who is not a member of the organization makes motions, seconds motions, votes etc. The president did nothing even though it was pointed out that the person was not a member. Non of these actions are legal are they? Being the meeting only occurs once a year is there any way to correct this mistake.??

[hmtcastle]

What do you do when a person who is not a member of the organization makes motions, seconds motions, votes etc. The president did nothing even though it was pointed out that the person was not a member. Non of these actions are legal are they? Being the meeting only occurs once a year is there any way to correct this mistake.??

The only action that might constitute a "continuing breach" of the rules is the illegal vote, and only if that one vote could have affected the outcome (and only if you can prove it). Everything else, though improper, is water under the bridge.

Though you might want to look for a new president if the current one is unwilling to enforce the rules.

[Gary Novosielski]

What do you do when a person who is not a member of the organization makes motions, seconds motions, votes etc. The president did nothing even though it was pointed out that the person was not a member. Non of these actions are legal are they? Being the meeting only occurs once a year is there any way to correct this mistake.??

A fact being "pointed out" is not the same thing as raising a Point of Order that the rules are being violated. Whenever this person is recognized, or attempts to vote, any member (you, for example) should stand, address the chair, and make a point of order that the person recognized is not a member, and according to the rules may not be recognized. (Actually, he could, by a two-thirds vote, but that means suspending the rules. And he cannot vote without achieving membership.)

The chair will be forced to rule, and give a reason for his ruling, which he will presumably be hard-pressed to come up with.

If he rules in your favor, fine. If not, you Appeal from the decision of the chair. (see RONR p. 247 ff.) Make sure you have arranged to have someone second your appeal. This permits the assembly to decide the matter.

[Rev Ed]

Hold on now, one quick question: Are proxies allowed? If the organization allows for proxies, it has to decide on who can hold a proxy. Some organizations, especially where proxies are allowed by statute, allow a non-member to be a proxy. If this non-member holds at least one proxy, potentially he/she is allowed to stay and mkae motions, debate, vote, etc. due to the proxy.

I have seen this type of mistake occur where a member believes that a non-member is in attendance when the non-member has a proxy and is actually representing a member. While the Chairman should have explained this if it were the case.

[Josh Martin]

Being the meeting only occurs once a year is there any way to correct this mistake.??

Not until the next meeting, and as Mr. Mountcastle noted, the circumstances in which mistakes may be corrected after the fact are quite limited.

[Gary Novosielski]

Hold on now, onewuick question: Are proxies allowed? If the organization allows for proxies, it has to decide on who can hold a proxy. Some organizations, especially where proxies are allowed by statute, allow a non-member to be a proxy. If this non-member holds at least one proxy, potentially he/she is allowed to stay and mkae motions, debate, vote, etc. due to the proxy.

I have seen this type of mistake occur where a member believes that a non-member is in attendance when the non-member has a proxy and is actually representing a member. While the Chairman should have explained this if it were the case.

RONR prohibits proxies to the maximum extent possible under the law, and contains no rules on their application. So we must assume that the answer above is the poster's unsupported opinion, not any rule in RONR.

[Rev Ed]

RONR prohibits proxies to the maximum extent possible under the law, and contains no rules on their application. So we must assume that the answer above is the poster's unsupported opinion, not any rule in RONR.

Which is why I am bound to ask if proxies are allowed in the organization. I am just trying to get to the bottom of the issue.