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Roll Call Vote


Guest Concerned Citizen

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Guest Concerned Citizen

If a county council has an ordinance that states during electronic meetings a roll call vote  shall be taken, what happens if only a voice vote is taken. Is the vote invalid. There does not appear to be rules regarding the wrong type of vote taking place.

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On 7/27/2019 at 10:17 AM, Guest Concerned Citizen said:

If a county council has an ordinance that states during electronic meetings a roll call vote  shall be taken, what happens if only a voice vote is taken. Is the vote invalid. There does not appear to be rules regarding the wrong type of vote taking place.

Since this is a county council and involves the interpretation and effect of a county ordinance,  I believe it is really in the nature of a legal question and is beyond the scope of this forum.  I suggest you check with the county attorney. 

The rule referred to by Mr. Harrison is a rule stating that a point of order that a procedural rule, statue or ordinance was violated does not have to be raised at the time of the breach, but may be raised at any time during the continuance of the breach.  However, I believe it is a question of law as to whether the failure of the county council to take a roll call vote as required by an ordinance affects the validity of the matter that was being voted on.

I agree with Mr. Harrison that RONR does say that any such action would be null and void, but there might be other controlling ordinances or statutes or case law or attorney general interpretations to the effect that failure to conduct a roll call vote does not invalidate the action taken.

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