Consequences of Illegal Votes?

[jstackpo]

Extending the discussions about the election of an officer being voided (correctly), what are the consequesces of his (or her) voting on a Board, say, during the period between his (improper, but not recognized as such) election and the later (months or even years later) discovery that the election was improper and then voided, a la p. 445?

Obviously (p. 416) if those illegal votes could not effect the result, then there is no problem.

But for "close" votes (one vote margin in an adoption, or a defeat because of a tie), the book is clear that the decision reached in that close vote is null and void.

What does such null-and-voiding do to possible actions (contracts let, for example) taken as a direct result of the prior close-vote adoption of a motion?

If I am an outsider, e.g. a contractor, responding to actions taken by the Board, I am obviously in no position to evaluate the legitimacy the Board voting process. But what do I do (or what can be done to me) when I learn that the earlier decision has been voided? I can't unpaint the clubhouse and I'm sure not going to return the money the Board paid me to do so.

I realize these questions may have more legal than parliamentary aspects, but the first step of null-and-voiding is clearly parliamentary. So what's next?

[Dan Honemann]

Extending the discussions about the election of an officer being voided (correctly), what are the consequesces of his (or her) voting on a Board, say, during the period between his (improper, but not recognized as such) election and the later (months or even years later) discovery that the election was improper and then voided, a la p. 445?

Obviously (p. 416) if those illegal votes could not effect the result, then there is no problem.

But for "close" votes (one vote margin in an adoption, or a defeat because of a tie), the book is clear that the decision reached in that close vote is null and void.

What does such null-and-voiding do to possible actions (contracts let, for example) taken as a direct result of the prior close-vote adoption of a motion?

If I am an outsider, e.g. a contractor, responding to actions taken by the Board, I am obviously in no position to evaluate the legitimacy the Board voting process. But what do I do (or what can be done to me) when I learn that the earlier decision has been voided? I can't unpaint the clubhouse and I'm sure not going to return the money the Board paid me to do so.

I realize these questions may have more legal than parliamentary aspects, but the first step of null-and-voiding is clearly parliamentary. So what's next?

Once again we are attempting to deal in generalities with something that should be carefully dealt with on a case-by-case basis, but if I am asked to plunge fearlessly on, I will say that, generally speaking, a determination that a member’s election to an office was invalid will not retroactively invalidate actions previously taken by him in his capacity as such officer.