Petition made prior to revised bylaws taking effect

[DavidTuma]

Current bylaws allow a petition to be submitted to a vote of the association if signed by 20 members. A vote is being taken electronically on a revision to the bylaws (and constitution) without the revision being presented at a properly called meeting. Neither the bylaws or constitution permit an electronic vote to approve the revision and RONR is clear that a revision must be presented at a properly called meeting. The business transacted (vote) is invalid (RONR). The result should be invalid as well. The Executive Committee put out the vote improperly (they have no specific power to do it). One of the things the revision does is to remove the authority of the members to vote and give it to a new "board" which will have full power and authority to act for the association. (I know, who would buy into that!)

The revision, if passed, requires 60 votes for a petition.

The petition is to have the members declare the vote invalid and the result invalid. Are 60 signatures required or just 20 IAW the bylaws in effect at the time the petition was submitted? The petition won't go before the members until a couple of months after the vote. Time is short - the vote ends mid-November.

Also - does anyone know if there is another, better way to get the vote declared invalid and the result declared invalid?

Thank you.

[Guest Edgar]

. . . does anyone know if there is another, better way to get the vote declared invalid and the result declared invalid?

At the next meeting of the general membership (either a special, "called", meeting or a regular meeting), make a point of order to the effect that whatever the board and/or executive committee thought they did is null and void because they don't have the authority. The chair will rule on the point of order and the ruling can be appealed.

I see no need for any petition.

[DavidTuma]

Edgar

Well the Chairman ordered the vote taken so It would have to be appealed at the meeting. But a point of order must be made immediately except the action was taken at the Executive Committee meeting to hold the vote. Certainly the next meeting of the members I could do this.

[DavidTuma]

Under the bylaw article on petitions, the Executive Committee is allowed to present a proposition to the association for a vote. So they say the revision is being presented as a proposition for a vote (but it still must be transacted at a properly called meeting as no electronic vote is authorized)

[Guest Nancy N.]

Since I usually regret interpreting bylaws over the Internet, particularly here on the world's premiere INternet parliamentary forum, and now is no exception, I particularly regret telling OP Woodman, if he or anyone is still interested in his first question, that it looks clear that a petition will require "just 20 IAW the bylaws in effect at the time the petition was submitted," since no absentee (electronic) vote is valid.

Even if the "proposition" to change (or revise) the bylaws were to be considered at a properly called meeting, the proposition would hold no water unless it complied completely with the rules in the bylaws for amending them.

1.

[Guest Nancy N.]

(Has someone fixed Captcha lately? I'm stacking up an impressive pile of successful single attempts.)

1.