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Stopping vote in middle of collecting ballots


Guest Sherlock

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Guest Sherlock

Suppose vote on a motion is by faxing ballots. Ballots have to be faxed within a 3 day window. After the first day, with unknown known (to the members) number of ballots returned by fax, the chair terminates the balloting claiming error in the writing of the ballot. Is voting termiminated? Is vote void? Is vote voidable? Must results of ballots received be disclosed?

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What gave the chair authority to terminate the balloting? RONR does not give the chair such unilateral authority (and certainly not outside of a meeting).

What do your own rules say about the details of this absentee ballot procedure? RONR does not provide for absentee voting, so if your rules do provide for this method of voting, your rules should specify all the necessary detaills.

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Guest Sherlock

First, Trina, thank you for your reply. The applicable bylaws provide only that voting may be by telephone, fax, telex, or in person and no absentee and no proxy votes. The problem arises because votes in this assembly have almost always been in person or on issues passed unanimously and now ther assembly is voting on a motion that will not be passed unanimously. The vote is part of a "special meeting" of the assembly. The assembly's bylaws state only there can be special meetings and at special meetings votes can be by telephone, fax, telex, or in person.

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First, Trina, thank you for your reply. The applicable bylaws provide only that voting may be by telephone, fax, telex, or in person and no absentee and no proxy votes. The problem arises because votes in this assembly have almost always been in person or on issues passed unanimously and now ther assembly is voting on a motion that will not be passed unanimously. The vote is part of a "special meeting" of the assembly. The assembly's bylaws state only there can be special meetings and at special meetings votes can be by telephone, fax, telex, or in person.

When you "meet", do you (or some of you, or any of you) actually get together in the same place at the same time? That is, do you actually meet? Because the thing about meetings being where people actually get together in the flesh at the same time in the same place means that anyone who isn't there then is ...... well........ absent!! And those people, if voting by telephone, fax, or telex, are casting..... well...... absentee votes!! Just wonderin'.......

Edited by David A Foulkes
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Guest Sherlock

Association meets physically 2x year. This vote was by Special Meeting (presence not possible) permitted by the Bylaws. What is the result of x number of people voting and then the chair suspending vote before the polls close? What parliamentary procedure stops a vote? Point of parlimentary inquiry? Point of parliamentary privilege? Motion to ?? What to do with the interrupted vote pending rewriting the bylaws to cover these problems? Is there a rule for "it's not right, but it is done, so move on?

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Guest Edgar

Since you stop there, should the inference be drawn that you don't think this falls under any of those instances?

I can only say that I would certainly draw no such inference. I was simply picking the low-hanging fruit.

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