Ballot Voting in an Electronic Meeting

[Guest James]

If there is a properly called meeting with virtual attendees (some members in the room and some attending by video teleconference), if there is a vote on something and a vote by ballot is approved, how would that be managed?  You can collect physical ballots from the members in the room, but how do you handle the virtual attendees?

[Dan Honemann]

On 2/26/2024 at 10:55 AM, Guest James said:

If there is a properly called meeting with virtual attendees (some members in the room and some attending by video teleconference), if there is a vote on something and a vote by ballot is approved, how would that be managed?  You can collect physical ballots from the members in the room, but how do you handle the virtual attendees?

If you are allowing absentee members to participate in your meetings in this fashion it must be because your bylaws specifically allow it, and in this case it is incumbent upon your organization to adopt rules to govern the situation you describe.

[Josh Martin]

On 2/26/2024 at 9:55 AM, Guest James said:

If there is a properly called meeting with virtual attendees (some members in the room and some attending by video teleconference), if there is a vote on something and a vote by ballot is approved, how would that be managed?  You can collect physical ballots from the members in the room, but how do you handle the virtual attendees?

That's a great question, and is probably something your organization should have thought about before adopting rules permitting "some members in the room and some attending by video teleconference."

"Except as authorized in the bylaws, the business of an organization or board can be validly transacted only at a regular or properly called meeting—that is, as defined in 8:2(1), a single official gathering in one room or area—of the assembly of its members at which a quorum is present.

Among some organizations, there is an increasing preference, especially in the case of a relatively small board or other assembly, to transact business at electronic meetings—that is, at meetings at which, rather than all participating members being physically present in one room or area as in traditional (or “face-to-face”) meetings, some or all of them communicate with the others through electronic means such as the Internet or by telephone. A group that holds such alternative meetings does not lose its character as a deliberative assembly (see 1:1) so long as the meetings provide, at a minimum, conditions of opportunity for simultaneous aural communication among all participating members equivalent to those of meetings held in one room or area. Under such conditions, an electronic meeting that is properly authorized in the bylaws is treated as though it were a meeting at which all the members who are participating are actually present.

If electronic meetings are to be authorized, it is advisable to adopt additional rules pertaining to their conduct (see Additional Rules for the Conduct of Electronic Meetings, below)." RONR (12th ed.) 9:30-32

"If an organization authorizes its assembly, boards, or committees to hold electronic meetings, such a provision should indicate whether members who are not present in person have the right to participate by electronic means, or whether the body may choose to allow or disallow such participation; and, conversely, whether there is required to be a central location for members who wish to attend meetings in person. The notice of an electronic meeting must include an adequate description of how to participate in it (for example, the telephone number to call for a teleconference must be provided). Various additional rules (in the bylaws, special rules of order, standing rules, or instructions to a committee, as appropriate) may also be necessary or advisable regarding the conduct of electronic meetings, such as rules relating to:

• the type of equipment or computer software required for participation in meetings, whether the organization must provide such equipment or software, and contingencies for technical difficulties or malfunctions;
• methods for determining the presence of a quorum;
• the conditions under which a member may raise a point of order doubting the presence of a quorum, and the conditions under which the continued presence of a quorum is presumed if no such point of order is raised;
• methods for seeking recognition and obtaining the floor;
• means by which motions may be submitted in writing during a meeting; and
• methods for taking and verifying votes.

In addition, depending on the character of the organization, it may be advisable to adopt provisions for ensuring that nonmembers cannot participate in meetings (unless properly invited to do so), especially during any meeting or portion of a meeting held in executive session. (For examples of rules for electronic meetings designed to meet various needs, see the appendix Sample Rules for Electronic Meetings, pp. 635–649.)" RONR (12th ed.) 9:36

In my personal view, the best method would be to use some form of electronic balloting, so that all members (whether in person or not) vote by the same method. I believe there are various companies and websites which provide such services. To have members in-person vote using physical ballots and to only have persons attending remotely vote electronically may compromise the secrecy of the ballots, particularly if there is a large disparity in the number of persons attending in-person compared to the number of persons attending remotely.

[Glen Hall]

Quote

In my personal view, the best method would be to use some form of electronic balloting, so that all members (whether in person or not) vote by the same method. I believe there are various companies and websites which provide such services. To have members in-person vote using physical ballots and to only have persons attending remotely vote electronically may compromise the secrecy of the ballots, particularly if there is a large disparity in the number of persons attending in-person compared to the number of persons attending remotely.

In addition to the reasons mentioned in the quote above about secrecy, there is also greater confidence in the result and in the integrity of the vote when all members are voting the same way (using the electronic ballot in the computer application) and the computer application displays the total votes.  This is especially true for elections.

[laser158689]

I have to add a caveat that electronic voting systems are fallible, too.  Some of them are "audience response" systems that only need to be "close" most of the time, as opposed to "correct" all of the time.  They also may require a good deal of user training, despite the apparent simplicity.

You bylaws need to account for the nuances of the technology.  When there is a display of a recorded vote, and an individual sees that their vote is recorded incorrectly, do you have a process to handle that?  What if the electronic voting system goes down entirely?  Partially (say for only those not physically in the room)?

Do some serious thinking about all of the modes of failure, user error, and the individual rights you want to protect.