Motion is out of order

[Guest John Craig]

A motion was made and voted on at the meeting. Then 2 days later it was questioned because part of the motion contained wording that went against the by-laws. Did the vote count or is the vote null and void? 

[Bruce Lages]

Not enough information to provide an answer yet. What was the exact wording of the motion and exactly how did it 'go against the bylaws'? It would also help to have the exact wording of the relevant bylaw.

[Guest John Craig]

Basically”removal from the hunting club, his stand would be come club property and Rule 6f would not apply”

rule 6f says that if a member leaves the club they can give to stand to another family member. 
His son is still in the club. There are several members that say the motion was out of order and that he is technically still in the club and we need to revote the matter. 

[Josh Martin]

On 12/20/2023 at 9:44 PM, Guest John Craig said:

A motion was made and voted on at the meeting. Then 2 days later it was questioned because part of the motion contained wording that went against the by-laws. Did the vote count or is the vote null and void? 

On 12/21/2023 at 6:45 AM, Guest John Craig said:

Basically”removal from the hunting club, his stand would be come club property and Rule 6f would not apply”

rule 6f says that if a member leaves the club they can give to stand to another family member. 
His son is still in the club. There are several members that say the motion was out of order and that he is technically still in the club and we need to revote the matter. 

It would appear that this is a main motion which conflicts with the bylaws. Rules in the bylaws cannot be suspended, unless the rule is in the nature of a rule of order (this rule is not) or if the rule provides for its own suspension. As a result, the motion is null and void. There is also no mechanism in RONR to declare part of the motion null and void. So yes, it does appear to be correct that the entire motion would be void, including the removal, even if that portion of the motion was otherwise in order.

I would note, however, that motions don't simply automatically become null and void. At the next meeting, the chair should rule that the motion is null and void, either on his own initiative or in response to a Point of Order. The chair's ruling is subject to appeal, which would place the decision in the hands of the assembly.

After the motion is ruled null and void, the assembly could then proceed to adopt a new motion to expel the member (without the extra stuff), if the assembly wishes to do so, following the rules pertaining to expulsion of a member in the club's bylaws or, if there are no such rules, following the procedures in Ch. XX of RONR.

Edited December 21, 2023 at 01:39 PM by Josh Martin