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Rules NOT Followed


Guest Leanna Carrillo

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On 8/9/2023 at 6:31 AM, Guest Leanna Carrillo said:

If Rules were not followed in the meeting, do votes for new board members count or can we have a revote?

What happened during the meeting? Were rights of members not uphold? (Procedural errors that do not infringe rights of members don't count)

What do your bylaws say about elections?

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On 8/9/2023 at 1:31 AM, Guest Leanna Carrillo said:

If Rules were not followed in the meeting, do votes for new board members count or can we have a revote?

Since you have not provided any specific facts, I would recommend a careful read of "Contesting the Announced Result of an Election." found in RONR (12th ed.), 46:48-50, particularly 46:49.

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On 8/9/2023 at 12:31 AM, Guest Leanna Carrillo said:

If Rules were not followed in the meeting, do votes for new board members count or can we have a revote?

It depends on what rules, specifically, were not followed. As a general matter, a Point of Order concerning a violation of the rules must be raised promptly at the time of the violation. In those circumstances, the votes for the new board members would "count" and the results of the election would be final.

In some particularly egregious cases, however, a violation constitutes a "continuing breach," in which case a Point of Order can be raised at a later date and can potentially invalidate past action. In the event the election is ruled "null and void" for these reasons, the election would be conducted anew.

Without additional facts regarding what occurred, I cannot say which of these is applicable in this scenario.

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On 8/9/2023 at 1:31 AM, Guest Leanna Carrillo said:

If Rules were not followed in the meeting, do votes for new board members count or can we have a revote?

It depends entirely on just what rules were not followed. In most cases, a Point of Order would need to have been raised at the time, or it would now be too late.  But there are exceptions. 

So, please explain the entire situation.

 

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