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Rescind


Guest Jerry

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My organization has set up a Committee to make some changes to our Bylaws. These are to be submitted shortly and once received by the Board, sent out to all the members to vote on. We need a 2/3 rd's majority for them to pass. My question is, this will be done before our Annual Meeting (we only have one meeting a year), if I disagree with the Amendments, can I make a motion at the Annual Meeting to Rescind the vote that passed on the Bylaw Amendments by the mail in votes to the membership? I realize that I need to make my request public in order to need just a majority vote at the meeting. My concern is, because these are Bylaw Amendments and if they fall into the area that a motion to Rescind will cover?

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can I make a motion at the Annual Meeting to Rescind the vote that passed on the Bylaw Amendments by the mail in votes to the membership?

Sort of. It's actually a motion to amend (again) the bylaws, so you'll need to follow all your rules for amending them, not just the standard rules for a motion to rescind.

(And, of course, we assume your bylaws permit amending your bylaws by mail-in voting.)

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My organization has set up a Committee to make some changes to our Bylaws. These are to be submitted shortly and once received by the Board, sent out to all the members to vote on. We need a 2/3 rd's majority for them to pass. My question is, this will be done before our Annual Meeting (we only have one meeting a year), if I disagree with the Amendments, can I make a motion at the Annual Meeting to Rescind the vote that passed on the Bylaw Amendments by the mail in votes to the membership? I realize that I need to make my request public in order to need just a majority vote at the meeting. My concern is, because these are Bylaw Amendments and if they fall into the area that a motion to Rescind will cover?

Do you not have some way to get your objections out to the members -- an email list, an online forum, an article in the club's newsletter?

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Do you not have some way to get your objections out to the members -- an email list, an online forum, an article in the club's newsletter?

Yes, that has already been done. I am just trying to prepare in case the Amendments are what the Board is pushing. What i mainly was asking, is since a motion to Rescind is to throw out a vote with another vote and just a majoritry is needed. What i am redading from oen of teh responses is that i can't do that on a vcote for a Bylaw Amendm,ent, i have to follow the Bylaws and attempt to remove teh new Amenbdment by making an Amendment to counter act the one if it passes. To do that i need a petition and 20% of the memebrship to sign teh petition toget it to come to a new mail vote. It woudl eb much easier at teh General meeting to make a motion and have those present vote to Rescind teh vote taken by teh memebvrship. Guess a Motion to rescvind does not work when it comes to a vote made on BYlaw Amendments.

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The bylaws will be subject to a motion to Amend Something Previously Adopted. If you Rescind the bylaws, you would be, in effect, dissolving the organization.

I don't think Jerry is proposing to rescind the bylaws but rather to rescind the (presumably) adopted amendment to the bylaws. But bylaws are not subject to the standard motion to rescind, nor are they subject to the standard motion to amend something previously adopted.

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I don't think Jerry is proposing to rescind the bylaws but rather to rescind the (presumably) adopted amendment to the bylaws. But bylaws are not subject to the standard motion to rescind, nor are they subject to the standard motion to amend something previously adopted.

Correct, except I am not looking tto change the Bylaws, just want to remove the Vote on them,. On other motions, when one Rescinds the Vote, the Motion goes away. So, why can i not rescind teh vote and have those present vote to Recind the vote which will then make teh Amendment go away? The problem is, the vote for the Amendment is done by mail to teh 400 members. The vote to Rescind at a Geneneral Meeting, useally has about 60 to 70 mebers if that. We only need 10% of teh membership for a quorum, and I would have a better chance with the smaller group. But, I do understand to change an Amendment, all that is involved. That is why i wanted to bring a motion of Rescind and hoped it would work on the vote like it does on all motions and would hope that it would be able to remove the vote that approved the Amendment-I was hoping, that would be an easy approach then to do what is needed to remove it by approaching it as an Amendment.

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Correct, except I am not looking tto change the Bylaws, just want to remove the Vote on them,. On other motions, when one Rescinds the Vote, the Motion goes away.

I'm afraid that's incorrect. Motions can (often) be rescinded but votes can't be rescinded. In any event. bylaws are a special case and an adopted motion to amend (change) the bylaws can't be rescinded. Your only recourse is another motion to amend the bylaws, following whatever amendment process your bylaws require.

You may be wishing for an "easy approach" but wishing won't make it so.

Think of how difficult it is to amend the U.S. Constitution and how rarely it has been done. Apart from the first ten amendments, only seventeen times in over two hundred years. And the only way to make the 18th Amendment (Prohibition) "go away" was to adopt the 21st Amendment.

Today in History: On May 7, 1992, the 27th Amendment was ratified, over 200 years after its submission to the states.

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I don't think Jerry is proposing to rescind the bylaws but rather to rescind the (presumably) adopted amendment to the bylaws.

It appears to me, still, that Jerry is proposing to rescind a vote. This is why I attempted to point out that this cannot be done.

But bylaws are not subject to the standard motion to rescind, nor are they subject to the standard motion to amend something previously adopted.

It's a good thing I didn't use the word "standard."

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I'm afraid that's incorrect. Motions can (often) be rescinded but votes can't be rescinded. In any event. bylaws are a special case and an adopted motion to amend (change) the bylaws can't be rescinded. Your only recourse is another motion to amend the bylaws, following whatever amendment process your bylaws require.

You may be wishing for an "easy approach" but wishing won't make it so.

Think of how difficult it is to amend the U.S. Constitution and how rarely it has been done. Apart from the first ten amendments, only seventeen times in over two hundred years. And the only way to make the 18th Amendment (Prohibition) "go away" was to adopt the 21st Amendment.

Today in History: On May 7, 1992, the 27th Amendment was ratified, over 200 years after its submission to the states.

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We had a membership vote recently. Members overwhelmingly voted down a new amendment to our contract. No problem with either form or process of the vote. People who lost want to revote. They believe that they can simply get a revote by making a motion to the board, and if the board passes the motion, we must all go through vote again. They don't believe they need any grounds. Anything in Roberts Rules about this situation? Our bylaws don't cover but adopted Roberts Rules. If you can point me where to look, I'd be grateful.

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We had a membership vote recently. Members overwhelmingly voted down a new amendment to our contract. No problem with either form or process of the vote. People who lost want to revote. They believe that they can simply get a revote by making a motion to the board, and if the board passes the motion, we must all go through vote again. They don't believe they need any grounds. Anything in Roberts Rules about this situation? Our bylaws don't cover but adopted Roberts Rules. If you can point me where to look, I'd be grateful.

Well, according to RONR, there is no such thing as "making a motion to the board".

In a membership meeting, members simply make motions to do things, such as to approve a change to the contract. And if it passes, then it's a done deal. It might instruct the board to do things, depending on the motion, but if the membership wants to do something, the board can't really stop them, unless the bylaws give the board unusual powers.

Note that this is not a "motion for a revote" it is simply a motion to do the thing that was previously moved, but rejected. This is called "renewing" a motion which merely means making a motion again at a future session after it has been rejected a prior session. And there's nothing wrong with it.

And the members are right that they don't need any "grounds" to make a motion. All they need is an idea of what they want to do, and someone to second it. It's just a plain ordinary motion. I'm not sure why you think the board would be involved in any way, other than to carry out the will of the membership if needed.

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