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Eligibility of the President vote


Guest Jay

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When the bylaw states that an amendment to a bylaw requires 2/3 of the members present eligible to vote, does it include the President in the number of members present. Assume no mail in vote or proxy vote.

If included in the number, can he vote on the motion?

If not included in the number, can he break the tie if the vote is less than 2/3 and the President's vote can carry the vote over the required 2/3?

Thanks

Jay

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When the bylaw states that an amendment to a bylaw requires 2/3 of the members present eligible to vote, does it include the President in the number of members present.

Can't interpret your bylaws for you, particularly without a close reading in context, but, if the president is a member and is present, this is pretty clear.

Assume no mail in vote or proxy vote.

If included in the number, can he vote on the motion?

If not included in the number, can he break the tie if the vote is less than 2/3 and the President's vote can carry the vote over the required 2/3?

If he is a member the president has the same right to vote as any other member, but when presiding normally does so only when it makes a difference.

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When the bylaw states that an amendment to a bylaw requires 2/3 of the members present eligible to vote, does it include the President in the number of members present?

Assume no mail in vote or proxy vote.

If included in the number, can he vote on the motion?

If not included in the number, can he break the tie if the vote is less than 2/3 and the President's vote can carry the vote over the required 2/3?

Jay, what makes you suspect that your president is the exception to the rule?

What makes you think your president is not be considered (a.) a member; (b.) who is present; (c.) who can vote?

Do you have some kind of customized rule interfering with the plain language of your own method of amendment?

What is special about your president?

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When the bylaw states that an amendment to a bylaw requires 2/3 of the members present eligible to vote, does it include the President in the number of members present. Assume no mail in vote or proxy vote.

If included in the number, can he vote on the motion?

If not included in the number, can he break the tie if the vote is less than 2/3 and the President's vote can carry the vote over the required 2/3?

Thanks

Jay

If the President is a member with full membership rights (including voting), and is present at the meeting, he would be counted in the number to determine if a 2/3 vote is attained. If he is not acting as the Chair, then he can vote should he want to. If he is acting as the Chair (which is an assumption often made here, and quite likely true) then he can vote if by ballot, or if his vote can affect the result. If the assembly is one vote short of 2/3 without the Chair's vote, he can vote in the affirmative to adopt the bylaw amendment motion. If the vote is 2/3 without the Chair's vote, he can vote in the negative to defeat the amendment motion.

If your bylaws stipulate some other manner in which the President's right to vote is determined, then that's what you'll go by.

And to be picky, I don't think you can have a "tie" during a 2/3 vote. ;)

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