Absentee voting / electronic meetings

[Guest Lisa]

With organizations having to cancel meetings. There have been a lot of questions around Electronic Meetings. Can you help me confirm my thoughts or give me insight on these main questions 

1) if there is a bylaw that states  absentee  Votes can be emailed or done electronically- is that enough to hold an electronic meeting ??  

2) if the bylaw says the organization can have electronic voting is that enough for an organization to hold an electronic meeting 

my thought to both 1 & 2 is No because    electronic   voting and absentee voting are different than holding a meeting . 

3) what do we do if  say  June is upon us and we still can meet how will these organization conduct business that requires a vote ? Like voting in officers 

4) what do you need to do to in-force an “exception” to your by laws ?? If this would be the case ?? 

 

Thank you 

 

  

[Guest error]

Should say question 3  “ what do we need to do if say June is upon us and we still can NOT meet”  

 

thank you 

[Atul Kapur]

There is an "Unofficial FAQ" at the top of the topics page which may help.

I agree with your take on 1 and 2, but it depends on exactly what the bylaws say.

3 is uncharted territory. For many organizations, their bylaws are worded such that the incumbents' terms extend until their successors are elected.

4, according to RONR, is not allowed except for very specific situations. You may decide to "break the rules" for a solution and hope that you are forgiven.

[Richard Brown]

I agree with the comments above by Dr. Kapur. I would add that it is ultimately up to each organization to interpret its own bylaws. I can understand that under the circumstances the membership may wish to give the bylaws a rather liberal interpretation, especially as to items one and two. Our guest might also keep in mind that at some point the assembly can ratify previous actions. Even if a “meeting” was not properly called or held, the actions taken by officers pursuant to decisions made at that meeting can be ratified. 

[Joshua Katz]

7 hours ago, Guest Lisa said:

1) if there is a bylaw that states  absentee  Votes can be emailed or done electronically- is that enough to hold an electronic meeting ??  

 

Probably not, but it's hard to say. It may provide a basis for a work-around of sorts - an electronic gathering (not meeting) to workshop motions, followed by electronic votes on motions, depending on your usual procedures for electronic voting. If you can provide the specific text we may have more thoughts.

7 hours ago, Guest Lisa said:

2) if the bylaw says the organization can have electronic voting is that enough for an organization to hold an electronic meeting 

 

See above. 

7 hours ago, Guest Lisa said:

3) what do we do if  say  June is upon us and we still can meet how will these organization conduct business that requires a vote ? Like voting in officers 

 

It depends on what 1 and 2 say. It may be that these require a vote but not necessarily a meeting. If they require a meeting, things get more difficult, and more difficult still if the bylaw or rules of order actually specify when the meeting is to be held. Can you please provide the bylaw provision on term of office for officers?

7 hours ago, Guest Lisa said:

4) what do you need to do to in-force an “exception” to your by laws ?? If this would be the case ?? 

 

Well, in my view, what you don't do is ignore governmental instructions on gatherings and the spread of a pandemic in order to hold your meeting. Even though that is not a procedural law and does not "outrank" your bylaws, it is a substantive law (or executive order) that nonetheless should be followed. You make the exception, in my view, and hope for the best, but before doing that, you try to figure out what can be done creatively within the rules - often an organization has both its rules and the ways it has followed those rules, but other means would still follow the rules. As mentioned above, your officers might take actions deemed necessary for the survival of the organization and hope for the best. 

 

 

[J. J.]

As for the election, it is possible to hold a regular meeting with a quorum.  At that meeting the assembly could, in this order:

1.  Suspend the rules to permit only the election to come before the assembly.

2.  Set a time for the polls to open and close.

3. Recess and let the voting begin.  Stay in recess until it is time for the polls to close.

4.  When the voting ends, and the call the meeting back into session, announce the results and adjourn.

3 and 4 can be cone using an adjourned meeting.  This will, at least, limit the exposure time.

 

[Richard Brown]

I’m beginning to think that question and answer 107 on page 452 of Parliamentary Law might have applicability in a situation such as this.

[J. J.]

22 hours ago, Richard Brown said:

I’m beginning to think that question and answer 107 on page 452 of Parliamentary Law might have applicability in a situation such as this.

I think you are correct, but that has risks.