Write-ins on a Non-Election Ballot

[JayW]

Me again, different ballot!

We are voting on changes to our Bylaws. The proposed revisions were sent to the members for feedback, along with a cover "Summary of Changes" page that listed the changes, where they were made, and in general what they were (i.e., "3. Article I, Section 8 details additional items which are considered a debt to the Club"). After the feedback was processed, the ballot was sent out to the members, with a line for each change (listing Article/Section numbers) a note that "Line items correspond to the numbered items in the Summary of Changes". Unfortunately, however, most of the line items *don't* correspond, the first item on the Summary of Changes is not on the ballot at all (and then one of the items on the Summary was the same change, but in two different Sections, and so was given two lines; after that the numbers do line up again). So the ballot for the above item, for example, reads "2. Article I, Section 8.")

Questions:

1. Is the ballot valid? I'm guessing yes, because despite the numbering error the Article and Section number make it clear what is being voted on.

2. Can people "write in" their vote on the first item in the Summary? Or would we need to do a separate ballot for that one item? (That one is actually to the Constitution, which is titled and numbered separately from but always published as included with the Bylaws.)

(Our Bylaws do include mailed ballots and don't say anything about write-ins for non-elections.)

[Hieu H. Huynh]

It seems to me that it may cause confusion. I think it should be clear what members are voting on.

[Kim Goldsworthy]

1 hour ago, JayW said:

... because despite the numbering error the Article and Section number make it clear what is being voted on.

It is a judgment call.

I cannot cite a rule from Robert's Rules and solve your puzzle.

Here is my view:

  • If the meaning is clear, then the ballot is valid.

  • If the meaning is unclear, then the ballot is invalid (i.e., the ballot is misleading).

The presence of a typographical error does not automatically turn a ballot invalid.

[Kim Goldsworthy]

1 hour ago, JayW said:

2. Can people "write in" their vote on the first item in the Summary?

Or would we need to do a separate ballot for that one item?

I don't know what this means.

"Summary"?

How can you write in anything on a "summary"?

I cannot imagine what your ballots look like.

Someone would have to look at your ballot, and make heads-or-tails out of it.

You are asking for advice for a specific layout or format of a pre-printed ballot.

I doubt a written reply, or a page citation, will answer your question, sight-unseen.

 

 

[JayW]

15 minutes ago, potzbie said:

How can you write in anything on a "summary"?

Sorry, I should have asked, can they write in their vote *for* the first item in the Summary? (Basically write, on the ballot, "Constitution, Article I, Section 5, FOR" (or "AGAINST", as the case may be).