Amending a Constitutional Amendment to be Approved at Two Consecutive Meetings

[Rich Starnes]

A constitutional amendment was offered at a convention last year. It passed with 2/3 vote. According to the constitution, the amendment must pass by 2/3 vote at two consecutive conventions to be adopted. The amendment will be voted on again at this year’s convention.

Question: can the amendment be amended prior to its second vote having been approved once? If so, would the amended version have to be approved at two consecutive conventions? Thanks. 

[Dan Honemann]

On 4/9/2024 at 3:27 PM, Rich Starnes said:

A constitutional amendment was offered at a convention last year. It passed with 2/3 vote. According to the constitution, the amendment must pass by 2/3 vote at two consecutive conventions to be adopted. The amendment will be voted on again at this year’s convention.

Question: can the amendment be amended prior to its second vote having been approved once? If so, would the amended version have to be approved at two consecutive conventions? Thanks. 

The answers to these questions must be found in your own governing documents.

[Richard Brown]

Agreeing with Mr. Honemann, it is up to the members of your organization to interpret its bylaws. Although I am not a member of your organization, and therefore have no say, my personal thoughts are that if the bylaw amendment gets changed and the members at the second convention are not voting on the same thing the members at the first convention voted on, then whatever the members voted on at the second convention must itself be voted on again at another convention. 

Another interpretation would be that if the first amendment did not get approved at both conventions, then it has failed and the amendment process must start over again. 

This is something your membership will have to figure out. Good luck! 
 

[Rich Starnes]

I have reviewed both the constitution and bylaws and they do not say if a proposed amendment may be amended at its second vote for approval. Are there any Rules applicable?

[Josh Martin]

On 5/17/2024 at 4:25 PM, Rich Starnes said:

I have reviewed both the constitution and bylaws and they do not say if a proposed amendment may be amended at its second vote for approval. Are there any Rules applicable?

Generally, I am inclined to think the proposed amendment could be amended, but only within the "scope of notice."

[Atul Kapur]

Without seeing the exact language regarding constitutional amendments, I am inclined to believe that the intent of

On 4/9/2024 at 3:27 PM, Rich Starnes said:

According to the constitution, the amendment must pass by 2/3 vote at two consecutive conventions to be adopted.

is that the exact same language needs to be adopted at both conventions. That is, no amendments are allowed at the second convention; or, if there is an amendment, this will need to be voted again at the next (third) convention.