Jump to content
The Official RONR Q & A Forums

Recommended Posts

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.

Share this post


Link to post
Share on other sites

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).

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites
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 . . . 

Share this post


Link to post
Share on other sites
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. :)

Share this post


Link to post
Share on other sites

 

 

 

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.

 

Share this post


Link to post
Share on other sites
Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...