certification of votes

[Guest Larry S]

Hello All,

Recently we had 3 positions of our Board up for election. It was an electronic ballot. After the election, a 3 person Talley Committee met to confirm that the election was handled properly and the vote count was accurate. The Talley Committee, reported to the Secretary, as per our Constitution, and the Secretary reported the results to the rest of the Board. Now am I correct that now the entire membership is entitled to know the results, including how many votes each candidate received, including the names and number of votes the write in candidates received? One member of the Tally Committee says the candidate is not allowed that information which is very confusing to me since it was a "public" election. Am I off base here?

Thanks

[Richard Brown]

Unless your bylaws or special rules of order provide otherwise, the rules in RONR require that the complete vote results (the tellers report), including the number of votes received by each candidate (including write-ins), be disclosed to the membership and included in the minutes. See 45:37-40 in RONR (12th ed.) for details on the Tellers’ report, reporting the results of an election, etc.

Edited January 31, 2023 at 03:09 PM by Richard Brown
Added citation to RONR

[Gary Novosielski]

On 1/31/2023 at 9:44 AM, Guest Larry S said:

One member of the Tally Committee says the candidate is not allowed that information which is very confusing to me since it was a "public" election. Am I off base here?

You are not off base and that one member is badly misinformed.  The full tally count of votes cast for each candidate, including write-in votes and even illegal votes, must be reported to the entire membership of the body doing the voting, without exception. 

Furthermore, as is stated in 45:40, (emphasis added):

The tellers’ report is entered in full in the minutes, becoming a part of the official records of the organization. Under no circumstances may this be omitted in an election or in a vote on a critical motion out of a mistaken deference to the feelings of unsuccessful candidates or members of the losing side.

In fact, in an election where a lack of majority requires a second or subsequent ballots, the vote counts must be announced after each ballot, so that the voters can be aware of how the votes are trending, which may well affect how they vote on the next round of balloting.

[Guest Norma]

My reply is actually a question regarding the membership's right to inspect ballots for a mail in election.  My question:

Our Constitution/By Laws do not speak to allowing a member or members to request that members be allowed an opportunity to inspect ballots of a recent election of our Board / Directors in a mail in ballot.  Is there a provision in RONR to allow for it?

[Gary Novosielski]

On 2/14/2023 at 7:55 PM, Guest Norma said:

My reply is actually a question regarding the membership's right to inspect ballots for a mail in election.  My question:

Our Constitution/By Laws do not speak to allowing a member or members to request that members be allowed an opportunity to inspect ballots of a recent election of our Board / Directors in a mail in ballot.  Is there a provision in RONR to allow for it?

The right does not exist, as far as RONR is concerned.  Ballots are counted by a Tellers' committee appointed by the presiding officer.  They provide a Tellers' Report as described in RONR 12th ed. 45:37. 

If the assembly doubts the results (and the ballots have been secured under seal),  it can order a recount, but no individual member can demand to inspect ballots.  

[Richard Brown]

Agreeing with Mr. Novosielski, although RONR does not grant individual members (or candidates) the right to inspect ballots, the assembly could order that one or more members be permitted to inspect the ballots, perhaps in the presence of the Secretary or one of the tellers.

[Gary Novosielski]

On 2/14/2023 at 10:06 PM, Richard Brown said:

Agreeing with Mr. Novosielski, although RONR does not grant individual members (or candidates) the right to inspect ballots, the assembly could order that one or more members be permitted to inspect the ballots, perhaps in the presence of the Secretary or one of the tellers.

What might this member discover that would make the effort non-dilatory?