Jump to content
The Official RONR Q & A Forums
Guest georgia Nielsen

Voting process for Directors of a 50l (c) 3 organization

Recommended Posts

Guest georgia Nielsen

All 12 directors will be re-elected or elected for an upcoming term on a conference call. The eligible voters, numbering eighteen, will cast the votes and a majority vote of the quorum (9) will elect the directors (new bylaws reduced the number of directors.)

Question: If voters abstain and/or leave the conference while the voting is in process, thus reducing the majority vote number of 9, will the election be invalid?

Share this post


Link to post
Share on other sites

"majority of a quorum" makes little sense. Is a conference call "meeting" specifically allowed in your bylaws? If not, it is not valid.

Share this post


Link to post
Share on other sites

All 12 directors will be re-elected or elected for an upcoming term on a conference call. The eligible voters, numbering eighteen, will cast the votes and a majority vote of the quorum (9) will elect the directors (new bylaws reduced the number of directors.)

Question: If voters abstain and/or leave the conference while the voting is in process, thus reducing the majority vote number of 9, will the election be invalid?

Conference calls are not permitted unless authorized by your Bylaws.

If they are authorized, then abstentions or people leaving the call will not affect the validity of the election, unless enough people leave that you lose quorum. It could affect the outcome of the election, however, and could conceivably mean that the outcome will be that no candidate is elected, depending on how the voting requirement is worded.

Share this post


Link to post
Share on other sites

All 12 directors will be re-elected or elected for an upcoming term on a conference call. The eligible voters, numbering eighteen, will cast the votes and a majority vote of the quorum (9) will elect the directors (new bylaws reduced the number of directors.)

Question: If voters abstain and/or leave the conference while the voting is in process, thus reducing the majority vote number of 9, will the election be invalid?

As noted, the conference call portion needs to be specifically authorized by your bylaws or local laws.

If this was a physical meeting, and if the quorum requirement is 9 (half of your membership), then you'd be OK to lose individual people as long as you still have at least 9 members in the room. It would require a majority vote of those voting - unless your bylaws were to specify something different.

Share this post


Link to post
Share on other sites

Fortunately, it appears that the fact that this organization is alleged to be an organization described in Section 501 ( c ) ( 3 ) of the Internal Revenue Code has absolutely no bearing on the question asked, because, if it did, no one here on this Forum would be allowed to respond.

Answers here are based upon the rules in RONR, not tax law. :)

Share this post


Link to post
Share on other sites
Guest Georgia Nielsen

I need to know why no one on this Forum would be allowed to respond to an organization described in Section 501 © 3 of the IRS?

I made a description of the organization and I am not asking a question on tax law.

Share this post


Link to post
Share on other sites

I need to know why no one on this Forum would be allowed to respond to an organization described in Section 501 © 3 of the IRS?

No, you don't, because no one has said any such thing.

I made a description of the organization and I am not asking a question on tax law.

Yes, you described your organization as being an organization described in Sec. 501 ( c ) ( 3 ) of the Internal Revenue Code, and, because you are not asking a question about tax law, this description was, and is, completely irrelevant. Had this been something we needed to know in order to answer your question, then your question would be one about tax law, and we on this Forum do not respond to questions about tax law.

Share this post


Link to post
Share on other sites

I need to know why no one on this Forum would be allowed to respond to an organization described in Section 501 © 3 of the IRS?

I made a description of the organization and I am not asking a question on tax law.

Well, you didn't answer my question, which is the reason I couldn't respond. Do you want an answer, or not?

Share this post


Link to post
Share on other sites

Well, you didn't answer my question, which is the reason I couldn't respond. Do you want an answer, or not?

Actually, posts 2, 3, and 4 provided Mr. Nielsen with excellent responses, and if Mr. Nielsen says that the answer to your question is "yes, it's in our bylaws", it's highly unlikely that either you or I will be able to improve upon them. Or even if he says "no". :)

Share this post


Link to post
Share on other sites
Guest Nancy N.
... Mr. Nielsen ... his ...

In your neighborhood, "Georgia" (or, for the fussy, "georgia") is a boy's name?

CT 4

Share this post


Link to post
Share on other sites
Guest Nancy N.

In your neighborhood, "Georgia" (or, for the fussy, "georgia") is a boy's name?

CT 4

(It occurs to me with horror that this observation, though valid, opens me to to the retort that asks whether in my neighborhood "Nancy" is a boy's name. Sheesh, comeuppance, and something about retard-hoisting.)

CT 2

Share this post


Link to post
Share on other sites
Guest Luger Axehandle (ret.)

(It occurs to me with horror that this observation, though valid, opens me to to the retort that asks whether in my neighborhood "Nancy" is a boy's name. Sheesh, comeuppance, and something about retard-hoisting.)

CT 2

Oh, my. Possibly the typo of the year award here. I hope.

Share this post


Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...