Karin Posted August 28, 2019 at 09:55 PM Report Share Posted August 28, 2019 at 09:55 PM In a heavily contested run for a Board position, where a Proxy vote can be counted, and no candidates name is filled in, who decides where the vote counts. The contested position is for Board President. It is a 3 member Board. The two other Board members each prefer a different candidate. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted August 28, 2019 at 10:12 PM Report Share Posted August 28, 2019 at 10:12 PM See FAQ #10. Quote Link to comment Share on other sites More sharing options...
Bruce Lages Posted August 28, 2019 at 10:13 PM Report Share Posted August 28, 2019 at 10:13 PM A ballot with no name selected, or a blank ballot, is treated as an abstention, and is not counted towards any candidate - or to the number of votes cast under standard voting procedures. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted August 28, 2019 at 10:32 PM Report Share Posted August 28, 2019 at 10:32 PM (edited) 39 minutes ago, Karin said: In a heavily contested run for a Board position, where a Proxy vote can be counted, and no candidates name is filled in, who decides where the vote counts. The contested position is for Board President. It is a 3 member Board. The two other Board members each prefer a different candidate. The organization’s rules (or applicable statute) governing proxies, and potentially the instructions on the proxy itself, should answer such questions. RONR does not permit proxies, and therefore provides no guidance on this subject. 21 minutes ago, Bruce Lages said: A ballot with no name selected, or a blank ballot, is treated as an abstention, and is not counted towards any candidate - or to the number of votes cast under standard voting procedures. This is not, however, a ballot. It is a proxy - a means by which a member assigns their right to vote to someone else. The fact that the proxy is blank regarding the position, therefore, does not necessarily mean the vote is not cast for any candidate (although this is one possibility). It may be that the proxy holder is authorized to cast the vote as he sees fit, or it may be that the rules on this matter dictate that such votes are cast in a particular way. Ultimately, however, this is a question which will have to be answered by the organization’s rules (or applicable law) regarding proxies, and possibly also by the directions on the proxy itself. Edited August 28, 2019 at 10:35 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Karin Posted August 29, 2019 at 09:06 PM Author Report Share Posted August 29, 2019 at 09:06 PM So, if I understand correctly, the person holding the Proxy has permission to cast the vote as he/she sees fit. If a Proxy is not signed, it is invalid. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted August 29, 2019 at 09:18 PM Report Share Posted August 29, 2019 at 09:18 PM If this is truly a proxy, and not an absentee ballot, then the person to whom the proxy was assigned may cast the vote as he/she wishes. However, I'm confused why, if ballots were being counted, a proxy would be mixed in, as a proxy is not a ballot. The proxy is an authorization to cast an additional ballot. But apparently the proxy holder did not cast an additional ballot, and instead put the proxy in the ballot box without indicating a name. This still sounds like an abstention to me, and if so, it should be treated as a blank piece of paper, not as a ballot cast. It does not sound like a valid reason to invalidate the completed vote. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted August 29, 2019 at 11:06 PM Report Share Posted August 29, 2019 at 11:06 PM (edited) 2 hours ago, Karin said: So, if I understand correctly, the person holding the Proxy has permission to cast the vote as he/she sees fit. If a Proxy is not signed, it is invalid. Okay, I guess I was unclear. Let’s try again. ”A “proxy” is a means by which a member who expects to be absent from a meeting authorizes someone else to act in his or her place at the meeting. Proxy voting is not permitted in ordinary deliberative assemblies unless federal, state or other laws applicable to the society require it, or the bylaws of the organization authorize it, since proxy voting is incompatible with the essential characteristics of a deliberative assembly. As a consequence, the answers to any questions concerning the correct use of proxies, the extent of the power conferred by a proxy, the duration, revocability, or transferability of proxies, and so forth, must be found in the provisions of the law or bylaws which require or authorize their use.” (FAQ #10) Gary - it’s not clear to me whether the ballot was blank or the proxy form was blank. Edited August 29, 2019 at 11:08 PM by Josh Martin Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted August 30, 2019 at 03:40 PM Report Share Posted August 30, 2019 at 03:40 PM 16 hours ago, Josh Martin said: Gary - it’s not clear to me whether the ballot was blank or the proxy form was blank. I fully agree that any rules regarding the use of proxies will not be found between the covers of RONR. In the (in my view, unfortunate) event that proxies are allowed, I would expect a valid signed proxy form without further instructions would typically entitle the holder to vote freely on more than one question that might come up, so it would not double as a ballot. I was also unclear just what the case was here. It sounded like the proxy showed up among the ballots cast, but I wouldn't put money on it. Advice to @Karin: Read the first sentence above and stop there. 🙄 Quote Link to comment Share on other sites More sharing options...
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