Tie Vote

[Guest Rob Elsman]

It should never happen that the votes of those in attendance are counted with votes mailed in. RONR (10th ed.), p. 409, ll. 4-15."

[Guest J. J.]

While it is possible to mix mail and in person ballots, with substantial bylaw provisions, RONR recommends against it.

It the case of a tie, the vote, including mail ballots, will have to be retaken.

J. J."

[Guest David DeFranco]

This is a rural water supply corporation and it is the annual shareholders meeting. Proxy/Ballots are mailed to all members. This is done in order to obtain a quorum which is 10 percent of the membership. It's been done that way for years and is recomm"

[Guest Rob Elsman]

I don't think you're describing what is properly called a proxy. With a proxy, the grantee actually attends the meeting.

Be sure to take a look at p. 409."

[Guest H.Wm.Mountcastle]

>>It's been done that way for years<<

Until now?"

[Guest David DeFranco]

Thanks for your responses. I have looked at page 409 and on that page it also refers to voting by mail for directors when only a small fraction of the people eligible to vote attend. I didn't make these rules nor am I saying they are right. I just know"

[Guest Rob Elsman]

Lines 19-24 are saying that a mailed vote can be taken ***instead of*** an election being held in a meeting. These lines are not implying that a few attendees' votes can be mixed with those sent in by mail."

[Guest JDStackpole]

Since the Texas Rural Water Association recommended a bad rule, ask them how to get out of your situation.

RONR can't help. "

[Guest David DeFranco]

Thanks. Again, I didn't make the rules; I'm just trying to help out in the case of a tie. "

[Guest J. J.]

No one is suggesting that RONR doesn't, only that the bylaws supercede RONR.

In a tie, with no tie breaking clause, the vote must be retaken.

J. J."

[Guest G]

If the tied candidates agree, flip a coin?"

[Guest J. J.]

No. That would deprive the voters of a number of rights in this case.

J. J."