Secretary of Sports Booster Club

[Guest Gretchen]

Hello!  Our nominating committee must present a slate to the membership by the end of April.  When we met, decided and voted on a slate, we had no candidate for the position of Secretary.  So, we presented the slate as it was by email to the membership and asked if anyone was interested in the Secretary position.  Someone is, so a nominating committee member electronically submitted a motion to add this person to the slate and there was second.  Since it's not yet the end of April, can we re-submit the slate to the membership, including this new candidate?  If members of the nominating committee do not choose to vote on the matter, is that abstaining from the vote?  One nominating committee member said that it was "too late", but if it's not yet the end of April and if a spot we need to fill is vacant, can this still be done?

This is my first time submitting a question, and I appreciate any help or insight you can provide.  Thanks!

[Hieu H. Huynh]

When are the elections?

[Guest Gretchen]

The elections are on May 25.

[jstackpo]

I'd say you are good to go.

Ask your reluctant member why he/she thinks it is "too late". 

And, unless your bylaws expressly forbid it, anyone (including a NomCom member) can make a nomination from the floor at the election meeting.   And write in the name of any (un-nominated) person as well on the ballot.

[Guest Gretchen]

I'm just guessing here, but I think the person thinks it is "too late", because they would like to leave the position vacant in order for a person who currently does NOT have an athlete in the program (therefore not a current member) to be appointed in the fall (incoming freshmen).  The person who thinks it is "too late" is graduating out of the program, so I'm not really sure why it's an issue.  The reason I think this, is because she suggested this person, and we said that per our bylaws, only current members can run.  This might be her way of circumventing this.

Is making an electronic motion and vote acceptable?  How long is reasonable for people to vote? 

[Dan Honemann]

Your committee cannot include in its report anything decided by email unless your bylaws specifically authorize it to do so (an actual meeting is required), except that, if it is impractical to have a meeting, its report can contain anything that has been agreed to by every one of its members. (RONR, 11th ed., p. 503)

[Guest Gretchen]

We do have it in our bylaws that we can vote electronically, and we have conducted business as such in the past.

However, if two members are refusing to vote, then I guess you answered my question, we can't do it this way, because every one of its members is not agreeing to it.

Someone can nominate this person from the floor on the actual day of the vote, as suggested above.

I really appreciate everyone's great answers and help!

[Dan Honemann]

Well, if your bylaws allow your committee to vote by email, then I would assume that, unless your rules say otherwise, all that will be required for agreement to include the name of a nominee in its report would be a majority vote (more than half of the votes cast).

[Richard Brown]

38 minutes ago, Guest Gretchen said:

We do have it in our bylaws that we can vote electronically, and we have conducted business as such in the past.

However, if two members are refusing to vote, then I guess you answered my question, we can't do it this way, because every one of its members is not agreeing to it.

I think you misread what Mr. Honemann said.  Here is what you are misreading:

50 minutes ago, Daniel H. Honemann said:

Your committee cannot include in its report anything decided by email unless your bylaws specifically authorize it to do so (an actual meeting is required), except that, if it is impractical to have a meeting, its report can contain anything that has been agreed to by every one of its members. (RONR, 11th ed., p. 503)

Emphasis to Mr. Honemann's statement added by me.

Since your bylaws DO authorize voting by email, and you apparently did so (or plan to do so), it will not be necessary for every member of the committee to agree to the report.  However, in order for it to be the report of the committee, it must be adopted by a majority vote of the committee unless your rules provide otherwise.  It is up to your organization to interpret its own rules regarding email voting as to what constitutes the vote required to adopt a motion by an email vote.  Is it a majority of those actually casting a vote?  A majority of those who respond to the email?  A majority of the entire committee?

Edited to add:  Per RONR, a majority vote is a majority of the votes cast, provided a quorum is present except for those very few instances when a quorum is not necessary.  However, some bylaws require a different standard for voting by email since it is rather hard to establish "presence" when voting by email.  That is one of the problems with email voting.

[Guest Gretchen]

Very interesting!  No, the bylaws don't get that specific in defining a majority in an email vote.

I see what you mean - people could say, "I didn't get the email."

Right now, it stands as a majority vote to yes, to add the person to the slate, but we have some people not voting, refusing to vote or "not getting the email" at this point.  So, the nominating committee needs to decide whether to push the issue of the electronic vote, or let it drop and simply have the person be nominated from the floor on the day of the vote.

[Richard Brown]

Unless your bylaws provide to the contrary, I would probably take the position that a majority vote is a majority of those actually voting.  Keep in mind that abstentions aren't votes.  It's ultimately up to you and your assembly to interpret your rules, though.

[Gary Novosielski]

If people refuse to vote, they are abstaining, and won't affect the outcome.  That won't prevent you from having a majority.  As long as there are more Yes than No votes, the motion passes.  The rule that all members must agree does not apply to you if  your bylaws authorize e-mail votinng.

In a vote by e-mail where a majority of those present and voting is required to pass, it is hard to determine who is present, but it is easy to determine who is voting,  If some members do not vote, it doesn't make much difference whether they are called absent or abstaining, when determining a majority of votes cast.   The thing that is really problematic is determining whether a quorum is "present".  That's where defining who is considered present causes trouble.