voting

[Guest deborah miller]

We are a lake association. I am the president, but have little knowledge of procedure. The vote is for a major change and takes a certian number of votes. There were 20 people eligible to vote. Votes were sent to and received by all twenty. Only 14 people decided to vote -6 voted yes-5 voted no - 3 abstaining . The question is [ since you can't make people vote ] would this be a legal vote for yes . How does the congress decide a legal vote if some of their members decide not to vote? We sent all the votes out but some decided not to return them, but the motion requires a 2/3 vote. So is this a legal vote because you can't drag people out and make them vote? To me it seems they are abstaining votes, and we should just count the replied votes . What to do . what to do . Please HELP Deborah Miller

[Robert B Fish]

Unless your bylaws allow voting by mail, you cannot do it and the vote is null and void.

If your bylaws allow voting by mail, you need to follow the procedures in your bylaws. If they say that a majority of the votes cast by mail is needed to decide a question, then the cast you posted (6-yes/5-no/3-abstain/6 did not return ballots) will be enough to adopt the proposal as a majority of those voting favored its adoption.

-Bob

[David A Foulkes]

We are a lake association. I am the president, but have little knowledge of procedure. The vote is for a major change and takes a certian number of votes. There were 20 people eligible to vote. Votes were sent to and received by all twenty. Only 14 people decided to vote -6 voted yes-5 voted no - 3 abstaining . The question is [ since you can't make people vote ] would this be a legal vote for yes . How does the congress decide a legal vote if some of their members decide not to vote? We sent all the votes out but some decided not to return them, but the motion requires a 2/3 vote. So is this a legal vote because you can't drag people out and make them vote? To me it seems they are abstaining votes, and we should just count the replied votes . What to do . what to do . Please HELP Deborah Miller

In this circumstance it seems there are only two kinds of votes: aye (yes) and no. Those three who returned their abstentions did not vote. Abstentions are not votes, and in general do not count. The 6 members who did not return the ballot also abstained, because they did not vote either. To abstain is to decline to cast a vote, and it works whether you say you're abstaining or simply don't reply when called upon to vote.

Per RONR, no member can be compelled to vote nor prevented from abstaining. But mention is made that a member who has an opinion on the question has a duty to vote.

So, only 11 people decided to vote, the 6 who voted yes and the 5 who voted no, and while that is a majority vote in favor of adopting the motion, it is not enough for the 2/3 vote required. Yet. If those missing 6 members decide to vote (if it's not too late) things could change. Yes, the vote is valid, from what you've given us, and what we know. But since you've stepped outside "the book" with absentee voting, your organization will be responsible for adopting the rules necessary to make it work.

[hmtcastle]

I am the president, but have little knowledge of procedure.

I trust you're working on correcting that deficiency. A good place to start is Chapter 15 in RONR In Brief, "So You've Been Elected President" and pp. 438-440 in RONR, "Suggestions for Inexperienced Presiding Officers".