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Online GA and electronic voting


Guest Madel

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The member organization has called a general assembly via zoom.  It has also decided to conduct voting for directors using an online voting platform.  Voting is for 4 days beginning end of the general assembly.   Bylaws are very basic and were only amended to allow for online voting.  In regular times, bylaws state that voting has to happen during the general assembly and that members need to be present to vote. If candidates do not attend the zoom general assembly, can they stay on the ballot?

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10 hours ago, Guest Madel said:

The member organization has called a general assembly via zoom.  It has also decided to conduct voting for directors using an online voting platform.  Voting is for 4 days beginning end of the general assembly.   Bylaws are very basic and were only amended to allow for online voting.  In regular times, bylaws state that voting has to happen during the general assembly and that members need to be present to vote. If candidates do not attend the zoom general assembly, can they stay on the ballot?

Yes. Setting aside any issues surrounding electronic meetings, this question is an easy one. A candidate does not need to be present to be elected. It does help, however, if the candidate either is present or, in the alternative, has previously consented to their candidacy. (Which I gather the candidates in question have done.)

"An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline." (RONR, 11th ed., pg. 444)

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