Quorum

[pastoray]

Issue: Chair wrongly includes absentee ballots in quorum, and so states this fact in declaring a quorum.

No one publicly objects. Three board members are elected.

At some time during the meeting a true quorum is achieved, and no one questions the election of the three board members.

Is this a legal election?

[Chris Harrison]

If those votes could have affected who was elected, that election would be null and void (RONR pp. 408-409, p. 255, p. 244d).

[George Mervosh]

If those votes could have affected who was elected, that election would be null and void (RONR pp. 408-409, p. 255, p. 244d).

Chris the question has to do with the lack of, and subsequent achievement of a quorum, right?

[Chris Harrison]

Chris the question has to do with the lack of, and subsequent achievement of a quorum, right?

True. So lets add p. 244(e) to the mix.

[pastoray]

True. So lets add p. 244(e) to the mix.

A breach did occur, but the meeting closed and it was several weeks before an objection was raised. Additionally, a quorum was achieved, at what point would the meeting become legal and the elections stand?

[George Mervosh]

A breach did occur, but the meeting closed and it was several weeks before an objection was raised. Additionally, a quorum was achieved, at what point would the meeting become legal and the elections stand?

There must be clear and convincing proof a quorum did not exist when the question was put, or the action stands.

[Chris Harrison]

A breach did occur, but the meeting closed and it was several weeks before an objection was raised. Additionally, a quorum was achieved, at what point would the meeting become legal and the elections stand?

Never unless all of the actions and the election are ratified. Proceeding without a quorum and/or using absentee voting where they could have affected the results is a continuing breach and all of it is null and void. However, the meeting itself is legal but everything done in it is not valid.

[pastoray]

Never unless all of the actions and the election are ratified. Proceeding without a quorum and/or using absentee voting where they could have affected the results is a continuing breach and all of it is null and void. However, the meeting itself is legal but everything done in it is not valid.

Thanks, you have been most helpful. I dare say our chairman has learned a lesson that he will never forget! ~smile~

[Guest HMM]

If those votes could have affected who was elected, that election would be null and void (RONR pp. 408-409, p. 255, p. 244d).

Which votes? Assuming absentee ballots are permitted, the fact that a quorum wasn't present seems unrelated to their legitimacy.

[pastoray]

Another issue has arisen...it appears that the roster report was in error, miscounting by 5 members. This became known by the chairman in reviewing the roster report. The chairman of the roster committee incorrectly added his subtotals. If the report was accepted in error, does it still stand? (Talk about a comedy of errors!)

[Josh Martin]

If the report was accepted in error, does it still stand?

Generally speaking, factual errors do not affect the validity of what is adopted. It may be helpful, however, if you could clear up what a "roster report" is.

Is it similar to a credentials report, which is a report of the delegates registered at a convention?

[Guest pastoray]

Generally speaking, factual errors do not affect the validity of what is adopted. It may be helpful, however, if you could clear up what a "roster report" is.

Is it similar to a credentials report, which is a report of the delegates registered at a convention?

You are correct. Report of delegates registered and therefore determines if a quorum has been achieved.

[J. J.]

Issue: Chair wrongly includes absentee ballots in quorum, and so states this fact in declaring a quorum.

No one publicly objects. Three board members are elected.

At some time during the meeting a true quorum is achieved, and no one questions the election of the three board members.

Is this a legal election?

Do your bylaws permit absentee ballots?

[hmtcastle]

Do your bylaws permit absentee ballots?

Even if they do they won't affect the quorum.

[J. J.]

Even if they do they won't affect the quorum.

No, but it might make a difference. I'm not sure that there is evidence that there was no quorum.

[Josh Martin]

You are correct. Report of delegates registered and therefore determines if a quorum has been achieved.

The report remains validly adopted, even though it was adopted in error. This does not prevent you from still raising a Point of Order that no quorum was present, but it may make it more difficult to prove your case.