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Voting Procedures if by-laws are silent


flipper92

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Our organization needs to vote on whether to ratify a contract or not. Our bylaws state that we need a quorum to conduct business (20%) and there is a requirement that the contract be made available for several days before the vote. But there are no provisions as to how to conduct the vote (i.e. by ballot or by affirmation) or what standard is to be used for approval of the contract. What are the default rules for all this?

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Can you first explain how your organization usually votes on its business, please? Also, what is the "affirmation" procedure? I don't think the word "affirmation" appears in RONR; I could guess, but that wouldn't help.

I can say that a majority vote is the standard threshold for approving a measure in Robert's Rules. But to say more, we would need to know more of your organization's background from you.

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We are a school union, so our business is limited to two things: electing people to various committees or offices, and every couple of years ratifying a new contract. By affirmation I meant a show of hands during the meeting. The elections all specify ballots and such. I admit it is strange that the most important vote we take is not spelled out in our bylaws but there it is. If the standard is simply majority, is that based on who is at the meeting then, or is it a majority of the membership? Also, what about proxy voting for those who cannot make it? Thanks...

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Absent any special rules of order adopted by the union or something in it's governing documents, the standard in RONR is:

A majority vote ( means more than half of the votes cast by persons legally entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting at which a quorum is present.)

A voice vote, though a show of hands is not improper

Proxy voting is not permitted. As is any form of absentee voting.

If you want to vote by ballot, move to take the vote by ballot.....requires a majority vote without debate to order one.

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If there is a move to take the vote by ballot, does the voting have to occur at the actual meeting? In the past for some elections we have simply placed the ballot box in a central location and people have filled in their ballots whenever they had the time. This procedure is not provided for in the bylaws, however. And just to clarify: those who do not vote (either by voice hand or ballot) are not counted in determining the total necessary for a majority? In example, if 10 people are at the meeting, 3 vote yes, 2 vote no, that would still be a majority?

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Still looking for an answer to this part: if there is a move to take a vote by ballot, and it passes by simply majority, does the voting have to occur at the actual meeting, or can we simply place a ballot box in a central location for people to go to when they have time during the day?

You can adopt procedures to arrange for a polling place and time apart from the meeting. Just be sure the ballot box is secure (and preferably monitored) at all times (think :"chain of custody").

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You can adopt procedures to arrange for a polling place and time apart from the meeting. Just be sure the ballot box is secure (and preferably monitored) at all times (think :"chain of custody").

It should be noted, however, that if the assembly follows this procedure the vote is not final until the chair announces the results at a meeting.

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Regarding the last point, can't the president or one of the officers simply send out an email saying what the results of the ballot were?

I suppose he could but, as Mr. Martin indicated, the vote is not final until the chair announces the results at a meeting. So perhaps he should wait and do it right. In fact, depending on the number of ballots, you might want to count them at the meeting. The less the members think the ballots are travelling around town in the trunk of someone's car, the happier you'll all be.

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Regarding the last point, can't the president or one of the officers simply send out an email saying what the results of the ballot were?

This does not constitute the chair's announcement of the result of the vote, as found in RONR(11th ed.), p. 48, ll. 13-26.

More importantly, it falls well short of the procedure for the presentation of the tellers' report and the chair's declaration of the result, as found in RONR(11th ed.), p. 417, l. 18 - p. 418, l. 25.

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