Electronic Voting Platform Bylaws Template and/or Best Practices

[laser158689]

Are there any templates/boilerplate for including an electronic voting method into a set of bylaws?  Best practices of things to include?  Gotchas or known problems?

For example, how detailed do the bylaws need to be?  Do they need to describe checking in/out a device?  A specific URL to use?

Happy for any and all thoughts!

[puzzling]

On 11/30/2022 at 7:23 PM, laser158689 said:

Are there any templates/boilerplate for including an electronic voting method into a set of bylaws?  Best practices of things to include?  Gotchas or known problems?

For example, how detailed do the bylaws need to be?  Do they need to describe checking in/out a device?  A specific URL to use?

Happy for any and all thoughts!

RONR has some remarks on postal voting.

a major advice is not to have mixed voting. so everybody votes at a meeting, or everybody vote via an postal ballot , not vote where you choose.

For electronic voting: don't  do it if you cannot be sure that everyone can vote that way.

 

[Alicia Percell, PRP]

Perhaps take a look at the RONR Appendix beginning on p. 635 titled, "SAMPLE RULES FOR ELECTRONIC MEETINGS."  It's more geared towards an electronic meeting, not just electronic voting, but portions of it address use of the voting options built into the meeting software.

Is this going to be voting outside of a meeting?  Or some electronic system used during a meeting?

[Josh Martin]

On 11/30/2022 at 1:23 PM, laser158689 said:

Are there any templates/boilerplate for including an electronic voting method into a set of bylaws?  Best practices of things to include?  Gotchas or known problems?

For example, how detailed do the bylaws need to be?  Do they need to describe checking in/out a device?  A specific URL to use?

Happy for any and all thoughts!

To the extent that this question relates to absentee voting, some level of detail must be in the bylaws, but many of the finer details can (and should) be defined in lower level rules. Certainly, information regarding the check-in/check-out process and a specific URL should not be in the bylaws. More information can be found in RONR (12th ed.) 45:46-61, 9:30-36, and Appendix: Sample Rules for Electronic Meetings.

To the extent that this question relates to electronic voting devices used for persons present at a meeting, there is no requirement that anything regarding this matter be included in the bylaws. All of the details can be included in lower-level rules. More information can be found in RONR (12th ed.) 45:42-43.

Edited December 1, 2022 at 12:13 PM by Josh Martin

[laser158689]

@Josh Martin  This my local town legislature.  Controlling docs are state law, the town charter and an amalgamated "rules" document that covers everything from duties of officers to meeting procedures (eg modified Point of Order) to a budget process (which is never followed), and several appendices of nice-to-know information.  There is no distinction between rules that are bylaws, special rules of order, standing rules, etc.  I was sloppy in referring to that rules document as "bylaws".

Electronic voting will be available for members in-person via a "clicker".  A voting website (but same system as the "clicker") will be available for members participating electronically.

This is not a "ballot vote", as all substantive questions must have a recorded vote to meet state open meeting laws, and is more akin to the Roll-Call Vote.

So, putting aside the bylaw vs other rules distinction, what sort of rules do we need to handle this sort of electronic voting?

 

PS - I greatly appreciate the references!

[Alicia Percell, PRP]

Consider various process integrity rules, such as how you will ensure that only people who are eligible to vote are actually voting.

Will there be a central room for participants, and you'll have people standing at the door checking credentials and handing the clickers only to those eligible to vote?  Will you require that if the clicker-users leave the room, they must turn in their clicker upon exit because RONR requires that they be present to vote? 

You mentioned some members voting via a website instead of using the clickers, so how will you know that only eligible people are voting that way, and that they are present in the meeting, as opposed to voting from their phone as they stand in line at Six Flags and not really participating in the meeting to hear the debate on the motions?

Will you craft a rule forbidding them from handing their clicker to someone else to vote on their behalf, since RONR prohibits proxy voting?

Under RONR, some of your votes could be invalidated after-the-fact if ineligible people were to have cast votes in sufficient numbers to affect the outcome, so it's really important to design the process to prevent that.

If your state laws require roll-call voting, does the electronic system identify how each person voted, or is it anonymous?

How does a voter get confirmation that their vote was recorded by the system?

These are my initial ideas about some of the potential pitfalls.

[Josh Martin]

On 12/1/2022 at 2:37 PM, laser158689 said:

@Josh Martin  This my local town legislature.  Controlling docs are state law, the town charter and an amalgamated "rules" document that covers everything from duties of officers to meeting procedures (eg modified Point of Order) to a budget process (which is never followed), and several appendices of nice-to-know information.  There is no distinction between rules that are bylaws, special rules of order, standing rules, etc.  I was sloppy in referring to that rules document as "bylaws".

Thank you for this clarification. (I would suggest that the legislature may wish to rethink this practice of placing all its rules in one document, but I suppose that is a separate issue.)

As I understand it, this then means your question is simply "Do we need to include these details in the rules?"

The assembly is free to adopt such rules as it wishes. Certainly, some level of detail will need to be included in the rules. Whether the assembly wishes to include all pertinent details in the rules or wishes to adopt rules which delegate authority (to the chair or staff, for example) to make more detailed decisions is at the assembly's discretion.

Finally, since this is a town legislature, there are almost certainly legal issues involved as well. It would be prudent for the town legislature to seek assistance from its attorneys and clerks on this matter. It may also be advisable to find other legislatures which use a similar system and use their rules as a starting point.

On 12/1/2022 at 2:37 PM, laser158689 said:

This is not a "ballot vote", as all substantive questions must have a recorded vote to meet state open meeting laws, and is more akin to the Roll-Call Vote.

So, putting aside the bylaw vs other rules distinction, what sort of rules do we need to handle this sort of electronic voting?

In that case, RONR (12th ed.) 45:55 will also be relevant, in addition to the citations I provided previously.

"Various forms of electronic devices have become available to take the place of a roll-call vote. Any deliberative body can use such a system with appropriate adjustments to conform as closely as possible with the rules given above for roll-call voting procedure. When used, there is usually a presumption of technical, mechanical accuracy of the electronic system if properly used by the members. Changes of votes after the result has been announced by the chair on the allegation of machine error are not entertained. On the same grounds, a recapitulation (see 45:51) is not permitted. Where electronic voting is used, it should be noted that, if it is impossible to erect a display board in the hall, members of the same delegation will not be able to ascertain how other members of the delegation vote. Also, steps must be taken to prevent members from being able to vote more than once by using a neighbor's keypad, or a member lending his keypad to a friend so that the friend can vote for him in his absence by “proxy.”" RONR (12th ed.) 45:55

Edited December 1, 2022 at 10:31 PM by Josh Martin

[laser158689]

Thanks, all!