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Annual Meeting by-law breach


Guest Ryan Klussendorf

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Guest Ryan Klussendorf

We had our annual meeting and elections.  At the meeting ballots were mistakenly handed out to people who were not eligible to vote according to our by-laws. These people voted along with the eligible voters.  Our by-laws state that only participants and their parents along with the advisors to the committee are allowed to vote. We have a by-law that states the votes must be done by paper ballot.  One vote by an eligible voter was cast by proxy via the phone, which is also against the by-laws.   We are a board that enforces the rules with our participants with a no exception rule.   In order to make sure that we follow our by-laws and  Roberts Rules of Order should we have a re-election? Or what action should be taken?

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We had our annual meeting and elections.  At the meeting ballots were mistakenly handed out to people who were not eligible to vote according to our by-laws. These people voted along with the eligible voters.  Our by-laws state that only participants and their parents along with the advisors to the committee are allowed to vote. We have a by-law that states the votes must be done by paper ballot.  One vote by an eligible voter was cast by proxy via the phone, which is also against the by-laws.   We are a board that enforces the rules with our participants with a no exception rule.   In order to make sure that we follow our by-laws and  Roberts Rules of Order should we have a re-election? Or what action should be taken?

 

One assumes that the presiding officer at the annual meeting declared the results of the elections. That's the end of it unless, at another meeting, a point of order is raised concerning the problems you mention.

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At the next meeting we had a board member bring forth the by-law breach and made a motion to have a re-election. The motion passed by majority vote, the meeting was adjourned with a re-election scheduled for 2 weeks later, by the chair.   We just had an emergency meeting last night were some of the board tried to rescind the motion to have a re-election, this did not pass.  So right now should we have a re-election or not?

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If the number of votes cast by people not eligible to vote including the proxy vote could have affected the results then the election should be ruled null and void and anther election should be held.  If the number of improper votes could not have affected the results of the election then nothing needs to be done and the election is valid. 

 

For example lets say that there were 5 improper votes (4 by people not eligible to vote and 1 proxy vote).  If the margin of victory was by 6 or more votes then even if the 5 were to have voted for the winner there would still have been a margin of at least one vote if the 5 improper votes were taken away so no re-election is necessary.

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We had our annual meeting and elections.  At the meeting ballots were mistakenly handed out to people who were not eligible to vote according to our by-laws. These people voted along with the eligible voters.  Our by-laws state that only participants and their parents along with the advisors to the committee are allowed to vote. We have a by-law that states the votes must be done by paper ballot.  One vote by an eligible voter was cast by proxy via the phone, which is also against the by-laws.   We are a board that enforces the rules with our participants with a no exception rule.   In order to make sure that we follow our by-laws and  Roberts Rules of Order should we have a re-election? Or what action should be taken?

 

If the improperly cast votes could have affected the result, then the election should be redone. If not, no action should be taken.

 

The board does not have the authority to make this decison, however - only the membership can do so.

 

At the next meeting we had a board member bring forth the by-law breach and made a motion to have a re-election. The motion passed by majority vote, the meeting was adjourned with a re-election scheduled for 2 weeks later, by the chair.   We just had an emergency meeting last night were some of the board tried to rescind the motion to have a re-election, this did not pass.  So right now should we have a re-election or not?

 

You should not (at least, not yet). Unless your rules provide otherwise, the board does not have the authority to handle election disputes for an election conducted by the general membership.

 

If the number of votes cast by people not eligible to vote including the proxy vote could have affected the results then the election should be ruled null and void and anther election should be held.  If the number of improper votes could not have affected the results of the election then nothing needs to be done and the election is valid. 

 

I agree, but it is important to remember that, in any event, the board cannot rule the election null and void.

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Guest Ryan Klussendorf

During the election the voters were to cast for 3 people out of 6 nominees for the board positions.  This resulted in a tie between two people.  Since we don't know who the improper votes for cast for, and we no longer have the ballots. What you are saying is if the board doesn't know if the votes would have changed the outcome, the best course of action would be to have a re-election? Thank you for helping our board out during this very challenging time. 

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Guest Dale Prochnow Jr

This is the same meeting I was asking for information on, I am the person that they are talking about that shouldn't of voted. Our by laws state registerwed participants and parents not their parents. Which I am a parent until basicly forever. Our bylaws are so vague that we need to go through and overhaul them.

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What it be proper for a meeting of the membership to be called, review the issues with the election and have the membership vote on whether or not they want a new election? If a majority of the board wants a new election, the membership may agree. Or maybe not, but that's what needs to be decided.

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During the election the voters were to cast for 3 people out of 6 nominees for the board positions.  This resulted in a tie between two people.  Since we don't know who the improper votes for cast for, and we no longer have the ballots. What you are saying is if the board doesn't know if the votes would have changed the outcome, the best course of action would be to have a re-election? 

 

Yes, based on the facts provided, the best course of action would be to declare the previous vote null and void and declare a new election, however, only the membership has the authority to do this.

 

So then should the membership bring forth the want for a new election? 

 

Yes.

 

This is the same meeting I was asking for information on, I am the person that they are talking about that shouldn't of voted. Our by laws state registerwed participants and parents not their parents. Which I am a parent until basicly forever. Our bylaws are so vague that we need to go through and overhaul them.

 

If it is disputed whether some of the members in question are or are not eligible to vote under the bylaws, that will certainly be something to take into account when the membership considers whether the vote is null and void. It will ultimately be up to the organization to interpret its own bylaws. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

 

There is still the issue of the member who cast the vote by phone. The fact that the bylaws require a ballot vote makes this somewhat more of a problem. The member may have cast a different vote had her vote been secret.

 

What it be proper for a meeting of the membership to be called, review the issues with the election and have the membership vote on whether or not they want a new election? If a majority of the board wants a new election, the membership may agree. Or maybe not, but that's what needs to be decided.

 

Yes. I assume the chair agrees with the board. If so, he will rule that the election is null and void. If a member disagrees, he may Appeal from the ruling. A majority vote is required to overturn the chair's ruling.

 

Additionally, the discussion should focus on whether the rules provide that the previous election is null and void. Whether anyone wants a new election is immaterial. If the previous election is null and void, a new election must be held. If it isn't, a new election cannot be held.

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During all this, can you tell us what board is in power.  Is it the former board from before the election, or is it the new board that was elected on the pretense that the elections were handled properly?

 

The latter. The elections are presumed to be valid unless and until the general membership determines otherwise (and even if the general membership declared the elections to be invalid, that doesn't necessarily mean the former board members would get their positions back).

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