Melanie Verrengia Posted October 9, 2019 at 11:26 PM Report Share Posted October 9, 2019 at 11:26 PM Often our non-profit board is asked to consider and vote by email. I am unsure if this is proper, as it does not allow for appropriate discussion in many cases. I have seen on other websites that an email vote must be unanimous, which may differ from one's bylaws governing in-person voting. Also noted that email voting is only allowed in 44 states. I am curious the laws governing email voting for non-profits in CT. Many thanks for your insight. Quote Link to comment Share on other sites More sharing options...
Chris Harrison Posted October 10, 2019 at 12:06 AM Report Share Posted October 10, 2019 at 12:06 AM You will need to ask a lawyer who is familiar with Connecticut law. That being said the default RONR position is that absentee voting (which would include e-mail voting) is not allowed (RONR pp. 423-424). Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 10, 2019 at 03:56 AM Report Share Posted October 10, 2019 at 03:56 AM 4 hours ago, Melanie Verrengia said: I have seen on other websites that an email vote must be unanimous, which may differ from one's bylaws governing in-person voting. What websites? This is not a rule in RONR, since RONR does not allow email voting at all unless your bylaws do - and in that case, your bylaws would tell you any further rules. What is true in RONR is that, if a committee does not meet, its report can contain whatever was separately agreed to by all members. Quote Link to comment Share on other sites More sharing options...
Melanie Verrengia Posted October 10, 2019 at 12:44 PM Author Report Share Posted October 10, 2019 at 12:44 PM http://ctnonprofits.org/ctnonprofits/sites/default/files/fckeditor/file/resources/publications/NPA-articles/NPA0611_EmailVoting.pdf Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 10, 2019 at 02:04 PM Report Share Posted October 10, 2019 at 02:04 PM Okay, that is discussing a statute applicable to corporations. We can't really help with that since we don't work with laws on this forum. If you have any questions about the statute, you'll need to consult an attorney, as Mr. Harrison said. Sorry for muddying the waters - often when people mention other websites, they are written by people trying to describe RONR and getting it wrong, or prior versions of Roberts Rules. Your question turns out to be mostly a legal issue, I think. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted October 10, 2019 at 08:29 PM Report Share Posted October 10, 2019 at 08:29 PM 6 hours ago, Joshua Katz said: Okay, that is discussing a statute applicable to corporations. We can't really help with that since we don't work with laws on this forum. If you have any questions about the statute, you'll need to consult an attorney, as Mr. Harrison said. Sorry for muddying the waters - often when people mention other websites, they are written by people trying to describe RONR and getting it wrong, or prior versions of Roberts Rules. Your question turns out to be mostly a legal issue, I think. It could be both a legal issue and dependent on the rules in RONR, as in this topic. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 11, 2019 at 12:59 AM Report Share Posted October 11, 2019 at 12:59 AM It certainly could. But is this one? I suspect not. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted October 11, 2019 at 01:06 AM Report Share Posted October 11, 2019 at 01:06 AM 5 minutes ago, Joshua Katz said: It certainly could. But is this one? I suspect not. Why not? RONR specifically forbids boards to act by written consent without a meeting, even if unanimous, unless authorized in the bylaws. Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 11, 2019 at 01:27 AM Report Share Posted October 11, 2019 at 01:27 AM 20 minutes ago, Shmuel Gerber said: Why not? RONR specifically forbids boards to act by written consent without a meeting, even if unanimous, unless authorized in the bylaws. It also provides that applicable procedural law takes precedence over RONR, which would seem to me to govern in this case. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted October 11, 2019 at 01:34 AM Report Share Posted October 11, 2019 at 01:34 AM 5 minutes ago, Joshua Katz said: It also provides that applicable procedural law takes precedence over RONR, which would seem to me to govern in this case. But if the law allows the bylaws to take precedence, and the bylaws prescribe RONR, and RONR says you can't do it . . . Quote Link to comment Share on other sites More sharing options...
Joshua Katz Posted October 11, 2019 at 01:37 AM Report Share Posted October 11, 2019 at 01:37 AM 3 minutes ago, Shmuel Gerber said: But if the law allows the bylaws to take precedence, Sounds like a legal question to me. Quote Link to comment Share on other sites More sharing options...
Shmuel Gerber Posted October 11, 2019 at 02:54 AM Report Share Posted October 11, 2019 at 02:54 AM 1 hour ago, Joshua Katz said: 1 hour ago, Shmuel Gerber said: But if the law allows the bylaws to take precedence, Sounds like a legal question to me. 1 hour ago, Shmuel Gerber said: and RONR says you can't do it . . . Sounds like it could be both a legal issue and dependent on the rules in RONR to me. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 11, 2019 at 03:15 AM Report Share Posted October 11, 2019 at 03:15 AM 1 hour ago, Joshua Katz said: It also provides that applicable procedural law takes precedence over RONR, which would seem to me to govern in this case. It depends on how the law is phrased. Many such procedural laws say "unless the bylaws otherwise provide". If the bylaws adopt RONR as the parliamentary authority, then they do otherwise provide. Quote Link to comment Share on other sites More sharing options...
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