Does recusal effect the quorum?

[Guest James Hepburn Sutton]

After the board has established a quorum, does the recusal of 2 members and the subsequent vote of 2 to 1 in favor of the motion allow the arguement that there are not 3 votes in favor (a majority of the 5 members) and thus the motion fails?

[Guest Edgar]

After the board has established a quorum, does the recusal of 2 members and the subsequent vote of 2 to 1 in favor of the motion allow the arguement that there are not 3 votes in favor (a majority of the 5 members) and thus the motion fails?

Leaving the meeting room affects the quorum. Abstaining from voting doesn't.

Whether a particular motion is adopted depends on the voting requirements for that type of motion. Typically, a vote of 2-1 would adopt a motion, regardless of how many members didn't vote.

[Guest Steve Britton]

It depends. If RONR controls, the default voting procedure is based on a "Majority of those present and voting;" or, more votes infavor than are against. And, the abstaintions (recusal) have not have an effect on the vote.

However, sometimes a society's rules (including applicable statutes) prescribe that the vote be based on a "Majority of those present." The threshold for adopting a motion under this principle would be three votes in favor. The effect of the abstaintions would defeat the motion.

Under the former the 2-1 vote would adopt the motion. Under the latter situation, the motion would be defeated.

Check your organization's governing documents, rules including any applicable statues.

[Josh Martin]

After the board has established a quorum, does the recusal of 2 members and the subsequent vote of 2 to 1 in favor of the motion allow the arguement that there are not 3 votes in favor (a majority of the 5 members) and thus the motion fails?

Provided that the threshold for adopting the motion is a majority of the members present and voting (which is the default in RONR), the motion passes.

[David A Foulkes]

However, sometimes a society's rules (including applicable statutes) prescribe that the vote be based on a "Majority of those present."

Check your organization's governing documents, rules including any applicable statues.

I've also seen bylaws that specify a specific number of board members must vote in the affirmative to pass a motion, where a 9-member board must have at least 5 affirmative votes (5 also being the quorum). So in a meeting of only 5 members, all must vote in the affirmative. Thus, a check of your bylaws (or other governing documents) as Mr. Britton suggests may be warranted.