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E Voting


Guest Tom Patrick

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Our non-profit recently had an e-vote. One member voted by the end date and time but since their server was down, the e-mail did not go thru until after the e-vote was over. It would have been the tie vote.

The By-Laws state that: If any said Exective Committee member does not vote by the deadline, their vote will be viewed as an abstention.

Any thoughts on whether or not this vote should be allowed?

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Also, how would this have created a tie vote?

If it were a 'yes' vote, then the motion would have been lost either way (a tie vote defeats a motion, as does a majority vote against the motion.) If the vote had been a 'no' vote, thus creating a tie vote, then yes it would have affected the outcome.

However, I am with Edgar, if the By-laws allow for e-voting, and the member's vote was sent in by the deadline then it should count. However, the By-laws perhaps should be changed to make this clear - as RONR does not with voting except by those present at a meeting. All other types of voting (e-voting, proxies, etc.) need to be dealt with in the By-laws of the organization.

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Seems to me that Tom P.'s association will have to decide just when the "deadline" was and whether a vote counts if it is cast, sent, or received by that deadline. Do the bylaws say unambiguously? Otherwise the decision(s) will have to take place at a meeting -- see p. 588.

RONR doesn't deal with e-votes other than to say all such details should be in the association's bylaws or other rules.

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