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Rules to rescind a vote


Guest Barbara

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A legal vote was taken. Now a member wants to rescind the vote. I was told that ALL members who voted for the original vote must also vote to rescind. If one member votes "no" then vote cannot be rescinded. Is this correct?

Not even close.

Votes can't be rescinded. Adopted motions can be. The motions to Rescind or to Amend Something Previously Adopted:

... except when applied to a constitution, bylaws, or special rules of order, require (_a_) a two-thirds vote, (_b_) a majority vote when notice of intent to make the motion, stating the complete substance of the proposed change, has been given at the previous meeting within a quarterly time interval or in the call of the present meeting, or (_c_) a vote of a majority of the entire membership—any one of which will suffice.

It makes no difference how, or whether, anybody voted previously, or if they were even born when the original motion was adopted.

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I was told that ALL members who voted for the original vote must also vote to rescind. If one member votes "no" then vote cannot be rescinded.

Whoever told you this might be thinking of the (somewhat peculiar) motion to "Reconsider" which can only be made by someone who voted on the prevailing side. But it is not the same as a motion to Rescind.

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  • 2 weeks later...

the rule says 2/3 vote or majority of all members eligible to vote which ever is smaller at the time. Question concerns the 2/3 - is that 2/3 of all eligible voting members or 2/3 of a quorum. Example; voting membership consists of 92 members. Assuming that no advance notice is given does it mean that it would 2/3 of 92 (62 members) or the majority of the members (47) whichever is less or does it mean that with a minimum quorum of 10 members that 7 members could cause the prior motion to be amended or rescinded?

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Question concerns the 2/3 . . .

The requirement for a two-thirds vote is satisfied as long as there are at least twice as many "yes" votes as "no" votes. With ten members present, a vote of 1-0 (with all other members abstaining) would do it. If seven members voted, you'd need at least five "yes" votes.

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the rule says 2/3 vote or majority of all members eligible to vote which ever is smaller at the time....

Where did you get this rule, please, Mr Cook?

... or the majority of the members (47) whichever is less or does it mean that with a minimum quorum of 10 members that 7 members could cause the prior motion to be amended or rescinded?

I'm very much at sea about what you're asking. But I'll bet that a majority of a quorum doesn't enter into it.

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I'm referring to a motion to amend a previous motion. The rule refers to a 2/3 majority or a majority of the entire membership, whichever is less. My question relates to the 2/3 majority - does that refer to 2/3 of the entire membership or 2/3 of the members in attendance provided there is a quorum.

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I'm referring to a motion to amend a previous motion. The rule refers to a 2/3 majority or a majority of the entire membership, whichever is less.

This isn't the rule in RONR... it sounds related, but it's not the same.
My question relates to the 2/3 majority - does that refer to 2/3 of the entire membership or 2/3 of the members in attendance provided there is a quorum.

Neither, if you are using RONR's rules for amending something previously adopted. See Edgar's answer a few posts back.
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In regular monthly meeting in Sept it was brought to the attention of members that a family member of one of the members was violating the by-laws. A discussion about the fact that the member may not be aware of was brought up and discussed. Instead of a formal complaint a motion made to send an informative letter to the member instead of a formal complaint. The letter was sent to the member. At yesterdays meeting the member accused the club of wrong doing because he was not notified of complaint. Explained that it was ans info letter only. One of the members brought forth that they also felt it was wrong and that thew motion be taken back and minutes be ammended. My question is can the motion that was made and members vote on unanimous be stricken from minutes as well as the vote.

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