Reconsideration of Counted Vote

[Byron Baxter]

The chair was uncertain of a voice vote and it was moved and adopted to have a counted vote. The vote was counted and the main motion was adopted.  Later in the meeting a member moved to reconsider the vote on taking the counted vote. The main motion was not included in the motion to reconsider.

The chair knows that incidental motions may be reconsidered, but states that because a vote cannot be retaken by the same method, the motion to reconsider is out of order.

We have researched 6:27(5) and 37:24-34, but are still not sure about reconsideration of a counting the vote.

[J. J.]

39:3, 8 indicates that the vote to count the vote cannot be reconsidered.

[Dan Honemann]

1 hour ago, Byron Baxter said:

The chair was uncertain of a voice vote and it was moved and adopted to have a counted vote. The vote was counted and the main motion was adopted.  Later in the meeting a member moved to reconsider the vote on taking the counted vote. The main motion was not included in the motion to reconsider.

The chair knows that incidental motions may be reconsidered, but states that because a vote cannot be retaken by the same method, the motion to reconsider is out of order.

We have researched 6:27(5) and 37:24-34, but are still not sure about reconsideration of a counting the vote.

Well, one thing is for sure, and that is that an exhausted order prescribing the method of voting cannot be reconsidered unless the motion to which it applied is also being reconsidered, which is not the case here (RONR, 12th ed., 30:7, 37:30).  

An exhausted order prescribing the method of voting probably cannot be reconsidered under any circumstances, but we'll save this one for another day.  🙂

[Byron Baxter]

30:7 and 37:30 seem to clear this up. 39:3 seems open to interpretation.  Thank you both.

[George Mervosh]

On 12/12/2020 at 9:59 AM, Daniel H. Honemann said:

An exhausted order prescribing the method of voting probably cannot be reconsidered under any circumstances, but we'll save this one for another day.  🙂

Are you busy today?   

[Dan Honemann]

2 minutes ago, George Mervosh said:

Are you busy today?   

Yeah, pretty much, so how about you start?  🙂

[Dan Honemann]

Okay, I'll go first.  🙂

As previously mentioned, an exhausted order prescribing the method of voting cannot be reconsidered unless the motion to which it applied is also being reconsidered (37:30). But 30:7 tells us that if, after an order prescribing the method of voting is exhausted, the motion to which it previously applied is reconsidered, the order is no longer in effect. Hence I think it safe to say that an exhausted order prescribing the method of voting cannot be reconsidered under any circumstances.

 

[J. J.]

28 minutes ago, Daniel H. Honemann said:

Okay, I'll go first.  🙂

As previously mentioned, an exhausted order prescribing the method of voting cannot be reconsidered unless the motion to which it applied is also being reconsidered (37:30). But 30:7 tells us that if, after an order prescribing the method of voting is exhausted, the motion to which it previously applied is reconsidered, the order is no longer in effect. Hence I think it safe to say that an exhausted order prescribing the method of voting cannot be reconsidered under any circumstances.

 

Doesn't 39:3 say that in so many words? 

[Dan Honemann]

23 minutes ago, J. J. said:

Doesn't 39:3 say that in so many words? 

No, I don't think so.

[George Mervosh]

1 hour ago, Daniel H. Honemann said:

Okay, I'll go first.  🙂

As previously mentioned, an exhausted order prescribing the method of voting cannot be reconsidered unless the motion to which it applied is also being reconsidered (37:30). But 30:7 tells us that if, after an order prescribing the method of voting is exhausted, the motion to which it previously applied is reconsidered, the order is no longer in effect. Hence I think it safe to say that an exhausted order prescribing the method of voting cannot be reconsidered under any circumstances.

I have to admit that 30:7 isn't a paragraph I've read too often, even when it was pp. 285-86 in the 11th Edition.  Thanks.

[Dan Honemann]

While I do think it safe to say, as I have, that an exhausted order prescribing the method of voting cannot be reconsidered under any circumstances, I will admit that my explanation as to why this is so focuses too much on the factual situation originally presented. As we know from what is said in 30:7, an order prescribing the method of voting is exhausted (1) when the question on which it was imposed has been finally disposed of, or (2) at the conclusion of the session in which it has been adopted, whichever occurs first. As a consequence, rather than making reference only to what is said in 37:30, it would have been better had I referred to 37:9(2), which covers all the bases. In fact, 37:9(2)(h) would seem to suffice for an explanation all by itself.  🙂