Secret ballot vote

[Guest Guest]

Hello everyone

I need advice from experts.

Our club recently has mailed secret ballots to our memberhip. One of our Lifetime members (founding President), that is not listed on our membership list, has requested to vote on this ballot. She is not listed anywhere on our membership list due to her request, she does not want her name or address to be public that anyone in our club or outside the club will be able to see it.

Our club started in 1993, a lawsuit occured with this person (founding president) when she was president. Lawsuit said it was not a secret ballot because a signature line was added to the ballot by mistake. One of the clubmembers that did not like the results of the ballot took it to court because there was a signature line, court ruled in her favor, we had to pay all of her attorney fees and re do the election, even though there was no instructions to sign the ballot.

This same president left the club due to the fact she could not or did not want to deal with a court case.

She does not want to be listed on our membership list still, and has asked for a ballot to be mailed to a third person to mail to her.

Seeing that we had a law suite due to a signature line, without instructions, sending a ballot to a third person to mail to the person wanting the ballot leaves us on rocky ground.

Would we be violating her rights to vote by saying no to a third party intervention?

and or would it be completely legal to send her ballot to a thrid party to mail to her?

[Guest Edgar]

Would we be violating her rights to vote by saying no to a third party intervention?

and or would it be completely legal to send her ballot to a thrid party to mail to her?

Legal questions should be addressed to an attorney but all members should receive a ballot. How you deliver them is up to you. The important thing, though, it not how ballots are sent but how they are cast. Anyone can give anyone a ballot. What you need to ensure is that only members can actually cast a ballot (and only once).

[Guest Guest]

Good advice.

we do not want to deprive her of her vote, just that did not want to be in court again.

Thanks

[Rev Ed]

A lawyer would perhaps provide the best advise. However, I would contend that someone whose name does not appear on the List of Members is therefore not a member. Then again, the organization's own rules would have to deal with issue of membership and membership requirements. But if the member does not want to have her name on the list of addresses, which is presumably used to deatermine who the members are and is used to contact those members, I would suggest that she is not a member.

[Josh Martin]

However, I would contend that someone whose name does not appear on the List of Members is therefore not a member. Then again, the organization's own rules would have to deal with issue of membership and membership requirements. But if the member does not want to have her name on the list of addresses, which is presumably used to deatermine who the members are and is used to contact those members, I would suggest that she is not a member.

The original post stated that the individual is a lifetime member. As the name suggests, it is generally the case that lifetime membership is perpetual until rescinded or the member resigns - the member doesn't have to do anything (such as pay dues) in order to maintain her membership. The granting of lifetime membership is likely recorded in the minutes or some other record, and the person is a member until she resigns or the society takes some action to revoke it. The fact that she is not listed in any of the society's other records (such as the membership list) certainly causes problems, but it doesn't mean she stops being a member. (RONR, 11th ed., pg. 463, footnote)