Guest Kal Posted December 2, 2016 at 02:21 AM Report Share Posted December 2, 2016 at 02:21 AM In a family corporation people can pass their vote onto another voting member. How does this work in a motion? Particularly, is that a member made a motion and then seconded it by her mom that her mom has given her vote to that daughter. I believe that the vote and the motion are two different things. If a member passes on their vote to another member can that member motion for them??? Quote Link to comment Share on other sites More sharing options...
jstackpo Posted December 2, 2016 at 02:29 AM Report Share Posted December 2, 2016 at 02:29 AM RONR doesn't allow members to "pass" their vote to another member, such that the member receiving the "passed" votes can vote multiple times on a motion. Such a system is called "voting by proxy" and you can see what RONR has to say about it on page 428. Any system of proxy voting has to be spelled out in your association's bylaws. May I suggest you get a copy of your family association's bylaws and see there how your proxy (or "passed") votes work. Proxy voting and making motions are completely independent actions. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 2, 2016 at 02:33 AM Report Share Posted December 2, 2016 at 02:33 AM And see FAQ #10. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted December 2, 2016 at 02:57 AM Report Share Posted December 2, 2016 at 02:57 AM If this is a corporation of some kind, your state's corporation laws might contain controlling provisions that trump the rules in RONR. Quote Link to comment Share on other sites More sharing options...
Dave Bennett Posted December 2, 2016 at 08:06 PM Report Share Posted December 2, 2016 at 08:06 PM I believe the question relates to :can the same person both move and second a motion" if they have been assigned a proxy to vote for another member? As per page 428, a proxy is a power of attorney given by one person to another to vote in his or her stead. If the bylaws allow for voting by proxy, this would relate to a vote when taken, not to other actions in the meeting. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted December 2, 2016 at 11:54 PM Report Share Posted December 2, 2016 at 11:54 PM I think that depending on state law, the organization's bylaws and other rules, and on the wording of the proxy, a proxy could perhaps be used for more than just voting. However, since the use of proxies is outside the scope of RONR, I believe giving advice on the legal effect of a proxy is beyond the scope of this forum. I believe that an attorney should be consulted on that issue. A proxy is actually a form of a power of attorney. Although proxies are normally used solely for voting and Quorum purposes, I don't know that they are necessarily limited to that. Quote Link to comment Share on other sites More sharing options...
Guest General Motors Posted December 3, 2016 at 01:15 AM Report Share Posted December 3, 2016 at 01:15 AM Lack of a proper second is irrelevant once debate has begun? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted December 3, 2016 at 01:20 AM Report Share Posted December 3, 2016 at 01:20 AM Yes. Quote Link to comment Share on other sites More sharing options...
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