Motions via email

[BillSpirka]

Is it possible to make a motion via email?  There is no formal meeting in process. Then it is open for discussion. BUT, not everyone can hear things at the same time. It all depends on when they read emails. It also depends on how individuals interpret text. I do not think that is a legal process. I'm looking for some help in determining this. Thank You

[Joshua Katz]

Well, we do parliamentary procedure here, not law, so if your question is whether email voting is legal, you'd need to ask an attorney. As far as RONR is concerned, though, it depends on your bylaws. If your bylaws specifically authorize email voting, then you may vote by email. (And hopefully your bylaws or other rules explain how it is to work.) If not, you may not.

[Atul Kapur]

To expand a bit on Mr. Katz's response: Right on page 1, RONR advises that this does not meet the criteria of a deliberative assembly. 

Quote

1:1n1. A group that attempts to conduct the deliberative process in writing—such as by postal mail, electronic mail (e-mail), or facsimile transmission (fax)—does not constitute a deliberative assembly. When making decisions by such means, many situations unprecedented in parliamentary law will arise, and many of its rules and customs will not be applicable (see also 9:30–36).

That being said, your bylaws or applicable law may authorize such a method of making and voting on motions. Several corporate statutes allow for decisions to be made outside of a meeting by written approval of every member of the relevant body. You will have to check if this applies to your organization.