Voting

[Guest Mark Williams]

If there is no motion or a second during a meeting to vote on something but then a vote is taken is that vote  considered valid if passed anyway?

[Richard Brown]

We need a little more information. Why (and how) was a vote taken on something if there was not even a motion to vote on? Please explain in more detail what happened

[Guest Mark Willusms]

There was an item being discussed. When all were done  discussing the president then said let’s vote on it ..it appears that they skipped asking for a motion or a second. The vote was then taken and the majority voted yes. The question now is that vote valid without any motion ? 

[Atul Kapur]

This is allowed if operating under the rules for a small board. See 49:21(5).

[Joshua Katz]

Agreeing with Dr. Kapur, I'd add that even if not using those rules, while this is not allowed, the assembly still adopted something, and to the extent everyone knows what that something is, it is in force. If you can't determine what was voted on, that's a more difficult case, but in general, the lack of formalities like these does not invalidate the result.

Edited to add: Additionally, if not operating under small board rules, asking for a motion also would not have been the proper procedure, as there should have been no debate without a motion in the first place. 

Edited February 8, 2023 at 02:01 PM by Joshua Katz