Changing what is required to determine a vote result

[Deb Parm]

The bylaws say a simple majority determines the result. Can we use a Special Rule of Order (or some other method) to change that, temporarily, to 2/3? Or must it stay at a majority?

[puzzling]

On 5/15/2023 at 9:59 PM, Deb Parm said:

The bylaws say a simple majority determines the result. Can we use a Special Rule of Order (or some other method) to change that, temporarily, to 2/3? Or must it stay at a majority?

Can you quote the bylaws snippet fully and literally?

Almost always the bylaws cannot be overruled by special rules of order. 

[Gary Novosielski]

On 5/15/2023 at 4:59 PM, Deb Parm said:

The bylaws say a simple majority determines the result. Can we use a Special Rule of Order (or some other method) to change that, temporarily, to 2/3? Or must it stay at a majority?

You can use a motion to Suspend the Rules to require a higher threshold for a particular motion or for a particular session.  Doing so will require a two-thirds vote.

[J. J.]

On 5/15/2023 at 6:20 PM, Gary Novosielski said:

You can use a motion to Suspend the Rules to require a higher threshold for a particular motion or for a particular session.  Doing so will require a two-thirds vote.

Depending on the bylaw wording, a majority may be all that is needed. 

[Gary Novosielski]

On 5/15/2023 at 6:52 PM, J. J. said:

Depending on the bylaw wording, a majority may be all that is needed. 

Well, that's true.  If the bylaws say only a majority is needed for any decision whatsoever, then only a majority might be needed to raise the threshold to two-thirds.  Oh, the irony!

[J. J.]

On 5/15/2023 at 7:06 PM, Gary Novosielski said:

Well, that's true.  If the bylaws say only a majority is needed for any decision whatsoever, then only a majority might be needed to raise the threshold to two-thirds.  Oh, the irony!

A reasonably common one. 

[Josh Martin]

On 5/15/2023 at 3:59 PM, Deb Parm said:

The bylaws say a simple majority determines the result. Can we use a Special Rule of Order (or some other method) to change that, temporarily, to 2/3? Or must it stay at a majority?

I concur with my colleagues that a Special Rule of Order cannot conflict with the bylaws, but that the rule in question may be suspended in a particular case.

In the long run, of course, the solution to this problem is to amend the bylaws.

[Gary Novosielski]

On 5/15/2023 at 4:59 PM, Deb Parm said:

The bylaws say a simple majority determines the result. 

Agreeing with @Josh Martin, it's not a great idea to include a statement like that in the bylaws.  In the first place, the use of the term "simple majority" is an indicator that the author was not well versed in Robert's Rules, and further scrutiny might be well advised.  And since a majority vote is the default threshold for any vote not assigned a higher one by some superseding rule, it's not necessary to state the rule at all.

Another problem is that RONR does require higher thresholds, such as a two-thirds vote for certain other situations, especially where the rights of the minority are being protected.  Making a blanket statement that all votes are decided by a majority will have undesired side effects.  It would supersede all the special cases in RONR, all of which are there for good reasons.