Proper way to write a Bylaw

[Tomm]

Our organizations Bylaw's state:

SECTION 5: VOTING PROCEDURES AT MEMBERSHIP MEETINGS

A. Voting shall be by ballot of Members in good standing present at any meeting of the Members. The following procedures shall apply for ballot voting:

1. Voting shall proceed under supervision of the Election Committee.

2. At least two (2) members of the Election Committee shall be in attendance at all times during voting and they, along with their assigns, shall issue all official ballots, and witness the casting of the ballots.

3. Ballot boxes shall remain sealed until all votes are cast. Votes shall be tabulated in the presence of at least three (3) members of the Election Committee. Any Member may be present as an observer at the tabulation of the votes. Upon completion of the tabulation of ballots, the results shall be certified by the Election Committee Chair to the Board and posted on the  XXXX website and/or in XXXX Facilities.

Question: We know that a vote by ballot Bylaw rule cannot be suspended. So...is there a proper way to write this Bylaw? Obviously not EVERY vote requires a vote by ballot, but is there a method of wording such a Bylaws so that only Main Motions, those that bring new business to the assembly require a vote by ballot? And is there a way to differentiate between incidental main motions?

Opinion: I have suggested that this Bylaw be stricken in total and allow the method of voting to fall back on those stated in RONR. Let the chair or the assembly determine whether a voice vote might need to be clarified by a counted vote, or if a counted voted might need to be clarified by a vote by ballot!?!?!

Pleas advise! 

[Rob Elsman]

On 8/26/2022 at 11:30 AM, Tomm said:

Question: We know that a vote by ballot Bylaw rule cannot be suspended. So...is there a proper way to write this Bylaw? Obviously not EVERY vote requires a vote by ballot, but is there a method of wording such a Bylaws so that only Main Motions, those that bring new business to the assembly require a vote by ballot? And is there a way to differentiate between incidental main motions?

Well, you are certainly enlightened to the fact that rules need to be very carefully crafted to avoid any kind of unintended consequences or ambiguities.  I appreciate that enlightenment.

Writing rules is an art unto itself.  Rules employ a unique writing style that must be mastered by the craftsman.  If your organization does not have a sufficient number of persons in its ranks that possess these skills, it might very well be worthwhile to contract the services of a professional parliamentarian who possesses the necessary skills and experience.  This forum certainly cannot be the drawing board for rule-writing.  I hope the group will pursue the appropriate means to do so.

Edited August 27, 2022 at 02:28 PM by Rob Elsman

[puzzling]

you could just start with the sections in RONR over bylaws,

the example bylaws are the best I have seen (although i think some enacting articles are missing) 

In the bylaws you only need articles  as advised in that section.

Some additions like a right of members to call a general meeting, a right of the general meeting to make committees. Maybe handy., depending on how often a general meeting is normally held. 

[Josh Martin]

On 8/26/2022 at 11:30 AM, Tomm said:

Question: We know that a vote by ballot Bylaw rule cannot be suspended. So...is there a proper way to write this Bylaw? Obviously not EVERY vote requires a vote by ballot, but is there a method of wording such a Bylaws so that only Main Motions, those that bring new business to the assembly require a vote by ballot? And is there a way to differentiate between incidental main motions?

As you suggest, I think the best solution may be to strike the rule altogether.

If the society does wish to keep some sort of rule providing for ballot votes beyond what is prescribed in RONR, I don't think I would recommend the solution you propose. Such a solution is likely to be overinclusive in some cases and underinclusive in others.

Instead, my advice would be to do one or both of the following:

• List particular matters (elections, discipline, whatever else) that the organization believes should always be voted on by ballot.
• Provide that, upon the request of some specified number of members, other votes shall also be taken by ballot. (If privacy is a particular concern, methods could be developed for members to make this request anonymously.)

To the extent that it is desired to limit this to "only Main Motions, those that bring new business to the assembly require a vote by ballot," my advice would be the following wording:

"A ballot vote shall be taken on all original main motions and all motions to Rescind or Amend Something Previously Adopted which relate to original main motions or to the organization's governing documents. A ballot vote shall also be taken when ordered by the assembly."

On 8/26/2022 at 11:30 AM, Tomm said:

Opinion: I have suggested that this Bylaw be stricken in total and allow the method of voting to fall back on those stated in RONR. Let the chair or the assembly determine whether a voice vote might need to be clarified by a counted vote, or if a counted voted might need to be clarified by a vote by ballot!?!?!

Sounds great.