Rescinding a motion

[Guest Linda Bush]

Can a prior motion that was passed be rescinded if invalid information was given to obtain the positive vote?

[Gary Novosielski]

On 8/23/2023 at 11:21 PM, Guest Linda Bush said:

Can a prior motion that was passed be rescinded if invalid information was given to obtain the positive vote?

Well, not specifically for that reason, but yes, a motion can be rescinded, as long as it has not already been carried out.  For instance, you can't un-chop-down the old pear tree.

The motion to Rescind requires a second; is debatable and amendable; and requires for passage:

• a two-thirds vote; or
• a majority vote if previous notice was given; or
• a majority of the entire membership;

...any of which will suffice.

See [RONR (12th ed.) §35]

[Josh Martin]

On 8/23/2023 at 10:21 PM, Guest Linda Bush said:

Can a prior motion that was passed be rescinded if invalid information was given to obtain the positive vote?

A motion may be rescinded on whatever basis the assembly believes is appropriate. The most common reason to rescind is simply because the assembly now believes that motion is no longer the best course of action. But certainly the assembly is free to make this decision, in whole or in part, on the basis that "invalid information" was given in support of the motion.

Edited August 24, 2023 at 02:23 PM by Josh Martin

[Atul Kapur]

I believe it's important to emphasize to the OP that the motion is not automatically rescinded or rendered null and void because it is now discovered (or believed) that "invalid information was given to obtain the positive vote." The motion adopted remains in force and effect until a motion to rescind it is adopted.