miscount of votes

[Guest gail torres]

during the count of the vote on a motion two conference call votes were not counted in the final vote...how is the vote readdressed?

[Chris Harrison]

It probably isn't. If your bylaws specifically allow for voting by conference call then a timely Point of Order should have been raised that the two votes weren't counted but since that didn't happen it is too late to object now (RONR pp. 250-251) unless the ballots were kept in a secure manner where the assembly can order a recount. If the bylaws don't provide for voting by conference call then those two votes are worthless since the bylaws need to specifically authorize it in order for them to be valid (RONR pp. 423-424, p. 251[d]).

[Guest Edgar]

. . . unless the ballots were kept in a secure manner where the assembly can order a recount.

And it's doubtful that ballots were involved in a conference-call vote.

Another consideration is whether the two votes could have made a difference in the outcome but, even then, I'm inclined to agree with Mr. H. that it's too late. As always, it may be possible to amend or rescind the motion (if adopted) or renew it (if it was lost).

[Tim Wynn]

during the count of the vote on a motion two conference call votes were not counted in the final vote...how is the vote readdressed?

If conference call votes are allowed, that detail takes this situation beyond the scope of RONR. However, if this is found to be a situation where one or more members have been denied the right to vote, it is never too late to raise a point of order, and if that point of order is sustained and if the vote or votes could possibly have had an effect on the outcome, the vote must be declared invalid. See RONR (11th ed.), p. 252, ll. 19-30.

You haven't indicated whether the motion was adopted or lost. If it was lost, the simplest course may be to renew the motion at the next session.