Telephone Vote

[Guest Torri]

In a time sensitive situation, is a telephone vote legal if it's ratified at the next scheduled meeting of the council?

[Joshua Katz]

We don't do legal here, and there may be an applicable statute. If the rules in RONR apply, though, then voting by telephone is permitted only if and as provided for in your bylaws. 

[Guest Torri]

Our by-laws don't allow or disallow a telephone poll so I need to know if there is an applicable rule in RONR which I can evaluate our situation.

[Joshua Katz]

The applicable rule in RONR is that, if your bylaws are silent, such telephone votes are not permitted. 

[Richard Brown]

I agree with Mr. Katz that unless telephone voting is authorized in your bylaws or by some superior rule, such as state law, it is not permitted and a motion adopted by means of a telephone vote is null and void and is not subject to being ratified.  However, even if the motion is not subject to being ratified, such as would be the case if the "meeting" was held without proper notice or by means of a telephone conference, and if the motion authorized the officers to take certain action, the society may nonetheless ratify the actions of the officers in reliance of the motion, even if the motion itself cannot be ratified.

Example:  A windstorm or tornado came through last night and caused a tree to fall through the roof, exposing the inside of the building to the elements.  Your bylaws require five days notice for a special meeting.  But, because of the urgency of the situation, your board (or the membership) holds an "emergency" telephonic meeting with only four hours notice and votes to authorize the president and treasurer to spend up to $2,000 to have the tree removed and make temporary repairs, such as a "blue tarp", to prevent further damage until the roof can be properly repaired.

Because the "telephonic meeting" was unauthorized and held without proper notice, the motion adopted at the so-called meeting cannot be ratified.  However, the assembly MAY ratify the actions of the president and the treasurer in spending up to $2,000 to remove the tree and make temporary repairs.