Returning Uncounted Ballots

[Guest Holly]

Our association is considering going with electronic voting. Our bylaws require voting by ballot. Our property manager does not like one vendor because there is not an option for a member to change their vote after it is submitted (without a fee). Our bylaws also require voting by proxy.

My position is that once a ballot is submitted it should not be available to be given back so that a member can change their vote. An electronic vote should work the same as paper: if you have mailed your ballot, it is submitted and cannot be returned. You can wait until the meeting to submit your ballot. If you give your vote to a proxy, your vote is cast at the meeting by the proxy.

I cannot find a section in Robert's Rules that addresses returning ballots.

The issue at hand is nominations from the floor. If a person submits their ballot, how are they able to vote on nominations from the floor?

[Josh Martin]

47 minutes ago, Guest Holly said:

Our association is considering going with electronic voting. Our bylaws require voting by ballot. Our property manager does not like one vendor because there is not an option for a member to change their vote after it is submitted (without a fee). Our bylaws also require voting by proxy.

My position is that once a ballot is submitted it should not be available to be given back so that a member can change their vote. An electronic vote should work the same as paper: if you have mailed your ballot, it is submitted and cannot be returned. You can wait until the meeting to submit your ballot. If you give your vote to a proxy, your vote is cast at the meeting by the proxy.

I cannot find a section in Robert's Rules that addresses returning ballots.

I don't believe RONR requires an organization to permit members to change their ballot in a vote by mail, but RONR also does not prohibit it. If the organization uses the "double envelope" method as RONR recommends, it would be entirely possible to permit a member to change their vote. See RONR (12th ed.) 45:57-61 for a discussion of mail voting.

So it seems to me it is up to the organization to determine whether there should be an option for a member to change their vote after it is submitted.

47 minutes ago, Guest Holly said:

The issue at hand is nominations from the floor. If a person submits their ballot, how are they able to vote on nominations from the floor?

They wouldn't be able to. This one reason why RONR strongly advises against "mixing and matching" in-person votes and absentee votes in this manner. See RONR (12th ed.) 45:56.