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Waiver


Guest mike

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I have been advised that absent provisions in the bylaws  or standing rules you can not vote by mail. Our by-laws are silent on voting by mail but permit absentee and proxy voting. If both candidates agree to allow absentee ballots to be mailed in and to waive any right to appeal based on those votes is that effective.   We want to encourage full participation and hand delivery would be a major deterrent.   

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If both candidates agree to allow absentee ballots to be mailed in and to waive any right to appeal based on those votes is that effective.

 

Well, it's not up to the candidates, it's up to the general membership of your organization (as long as it's not in violation of your bylaws).

 

If you don't think your bylaws authorize mailing in the absentee ballots that your your bylaws permit, what sort of "absentee voting" do your bylaws permit?

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Arguably they could be hand delivered to the secretary..

 

Okay, but if a member is out-of-state and wants to submit an absentee ballot (per your bylaws) what is he to do? Are you going to tell him he can't mail in his absentee ballot? That he has to deliver it in person? It's not much of an absentee ballot when it has to be delivered in person. And how does he get an absentee ballot in the first place? Would the secretary mail it to him or does he have to show up in person to get it?

 

As always, it's up to each organization to interpret its own bylaws but I think I'd say that a rule that permits absentee ballots permits mailing them in. Others here may differ.

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Okay, but if a member is out-of-state and wants to submit an absentee ballot (per your bylaws) what is he to do? Are you going to tell him he can't mail in his absentee ballot? That he has to deliver it in person? It's not much of an absentee ballot when it has to be delivered in person. And how does he get an absentee ballot in the first place? Would the secretary mail it to him or does he have to show up in person to get it?

 

As always, it's up to each organization to interpret its own bylaws but I think I'd say that a rule that permits absentee ballots permits mailing them in. Others here may differ.

I don't differ.  I agree. 

 

Edited to add:  Voting by mail is a form of absentee voting.  RONR page 423

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Thanks to all.  As a follow up where there is no guidance in the by-laws or rules can the president adopt voting procedures such as absentee ballots will only be sent to those who request one, the form of absentee ballots and the cut off time for submitting absentee ballots?

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As a follow up where there is no guidance in the by-laws or rules can the president adopt voting procedures such as absentee ballots will only be sent to those who request one, the form of absentee ballots and the cut off time for submitting absentee ballots?

 

It's unlikely the president has the authority to do this unilaterally. The general membership (or, perhaps, the board) would have to adopt any policies regarding absentee voting.

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