When there are no physical meetings and elections happen via email and online voting, does RONR 46:6 still apply?

[jggorman]

When there are no physical meetings and elections happen via email and online voting, does RONR 46:6 still apply? Our organization created a special rule to allow electronic voting. However, we have nothing in our bylaws or constitution about this or authorizing electronic meetings. We have a customary rule that there is a deadline for nominations which are by petition that just appears in the election notification. The petition requirement, but no deadline, is indicated in our bylaws and it is the members who sign the petitions with a number of members required. I think RONR 46:6 indicates that nominations from the floor are required, but in this case is the nominations from the floor requirement satisfied because the petitions are signed by the members and not a committee? Would this rule apply if there is no physical meeting? I assume if it does, since the deadline rule was customary and not voted on, that the deadline should not prevent someone from being nominated by petition.

I ask because there was at least one candidate for an officer position that handed in their petition just a little late and the customary rule is being cited to not allow their name to appear on the ballot and could also be used to deny posting their statements on our website for members to review and further disallow them from participating in a public questions and answers forum for the candidates.

I also would like to ask if there is any RONR that indicates that RONR still applies even if business is conducted without meetings (such as via email)?

Edited November 25, 2021 at 07:18 AM by jggorman
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[Dan Honemann]

On 11/25/2021 at 1:13 AM, jggorman said:

When there are no physical meetings and elections happen via email and online voting, does RONR 46:6 still apply? Our organization created a special rule to allow electronic voting. However, we have nothing in our bylaws or constitution about this or authorizing electronic meetings. We have a customary rule that there is a deadline for nominations which are by petition that just appears in the election notification. The petition requirement, but no deadline, is indicated in our bylaws and it is the members who sign the petitions with a number of members required. I think RONR 46:6 indicates that nominations from the floor are required, but in this case is the nominations from the floor requirement satisfied because the petitions are signed by the members and not a committee? Would this rule apply if there is no physical meeting? I assume if it does, since the deadline rule was customary and not voted on, that the deadline should not prevent someone from being nominated by petition.

No, 46:6 does not apply if your bylaws provide for nominations by petition as described in 46:26, which apparently they do.

 

On 11/25/2021 at 1:13 AM, jggorman said:

I also would like to ask if there is any RONR that indicates that RONR still applies even if business is conducted without meetings (such as via email)?

Authorization for conducting business outside of an in-person meeting (such as via email) must be found in your bylaws or higher authority (such as your constitution or applicable law).  In this connection, see 9:30-36.