Adopted motions that conflict with the bylaws

[Guest MAK]

If the presiding officer announcing that a motion is adopted and according to the bylaws the motion needed a 2/3 vote in order for that motion to pass, does the announcement of the adoption of that motion make that motion null and void?

[Kim Goldsworthy]

Already asked and answered, via Official Interpretation #18.

http://www.robertsrules.com/interp_list.html#2006_18

 

You asked, "Does the announcement of the ADOPTION ... make that motion NULL AND VOID?"

 

That twists the situation.

 

It is the annoucement which holds, despite the error in counting the votes, despite the error in arithmetic.

If no one raises a timely POINT OF ORDER, then the issue is over.

It is parliamentary error, and will not invalidate the announcement (of adoption, or of rejection, whatever the case may be).

[Gary Novosielski]

If the presiding officer announcing that a motion is adopted and according to the bylaws the motion needed a 2/3 vote in order for that motion to pass, does the announcement of the adoption of that motion make that motion null and void?

 

No, the announcement that it was adopted makes that motion adopted.  Presumably, in the situation you mentioned, the presiding officer announced that it was adopted because it received a 2/3 vote.  

 

If that was not the case (you didn't say whether it was or not)  then a member should raise a point of order that the chair's announcement was incorrect.  If that's not done in a timely fashion (i.e., right away), the motion stands as adopted.