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Who is allowed to vote in this circumstance?


Guest Michele Loucks

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Guest Michele Loucks

Hello Everyone,

I am anticipating a difficult meeting this evening and am looking for your insight. Here are the details --

The President will not be present at the meeting. I, as 1st VP, will be Chairing the meeting. The first item on our agenda is to expel a member from the Board.

Am I allowed to vote given I am acting for the President? The President has voted by proxy if necessary.

Thank you.

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Guest Michele Loucks

Our Bylaws state that the Pres. is only allowed to vote in the event of a tie -- in contradiction to the answer FAQ #1. There is no allowance for proxies so am I correct that the Pres. who cannot attend cannot vote and I cannot vote unless there is a tie?

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Our Bylaws state that the Pres. is only allowed to vote in the event of a tie -- in contradiction to the answer FAQ #1. There is no allowance for proxies so am I correct that the Pres. who cannot attend cannot vote

If the bylaws do not allow for proxies (and if no applicable statute requires that they be allowed), then an absent member cannot vote by proxy.

...and I cannot vote unless there is a tie?

I suppose that could depend on the exact wording of the bylaws. However, the rule in the bylaws does supersede what is said in the parliamentary authority (RONR).
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Our Bylaws state that the Pres. is only allowed to vote in the event of a tie -- in contradiction to the answer FAQ #1. There is no allowance for proxies so am I correct that the Pres. who cannot attend cannot vote and I cannot vote unless there is a tie?

If the bylaws don't allow for proxy voting then it can't be done. As for whether you can vote it depends on the exact wording of the bylaws regarding when the President can vote. If they say that the PRESIDENT can only vote in the event of a tie then the rule would not seem to apply to you as you are not the President but rather the Vice President and FAQ #1 would then by default apply to you as the presiding officer.

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