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Stopping an email vote before its designated completion time


Guest Glen Hester

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A situation has come up regarding an email vote that was underway and I was wondering if you could help me clarify something.

 

A motion requiring a vote by the Board of Directors was sent out for an email vote.  (This is allowed in our By-Laws).  All those members of the Board who wish to vote on the motion have 5 days from the time the motion is called for a vote to respond.

 

During this 5 day period some new information came to light regarding the subject of the motion.

 

The Director who sent out the motion for the vote, sent the other Board of Directors an email saying that in light of the new information received this "now makes the motion currently on the floor unnecessary."

 

My question is:

Once a motion is put on the floor and a vote has been called for, can that motion be deemed “unnecessary” before the results of the voting are concluded?

 

I did look under the rules for rescinding and reconsidering a motion, but it did not cover this situation where the call for a vote has been made  voting is underway and then the motion mover said that the motion was unnecessary.  This person did not formally use the words "rescind” or “reconsider” the motion in his comments."

 

I appreciate any guidance you can give me in this matter.

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My question is:

Once a motion is put on the floor and a vote has been called for, can that motion be deemed “unnecessary” before the results of the voting are concluded?

 

I did look under the rules for rescinding and reconsidering a motion, but it did not cover this situation where the call for a vote has been made  voting is underway and then the motion mover said that the motion was unnecessary.  This person did not formally use the words "rescind” or “reconsider” the motion in his comments."

 

Neither Rescind nor Reconsider are applicable here, as both of them are to be used after the vote is taken.

 

The closest thing to this situation would be a Request for Permission (or Leave) to Withdraw or Modify a Motion (RONR, 11th ed., pgs. 295-298). A member may withdraw his motion on his own before the question has been stated by the chair, or with the consent of the assembly after it has been stated by the chair. In the ordinary case, it's too late to make such a request after voting has begun (in fact, it's normally not in order to do much of anything except vote after voting has begun), but voting by e-mail is not an ordinary case (RONR, 11th ed., pg. 98). It will ultimately be up to your organization to interpret its own rules. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.

 

Though I think RONR p. 408 ll. 9-14 could be pretty persuasive in this case.

 

I'm not sure it's that persuasive in a situation where a vote takes five days.

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