Protest of an Election and a Vote

[Guest Elizabeth Clark]

Our Property Owners voted on a park pavilion. The "No" vote was won. One of the Board Members want to protest the vote as some brought their vote in after the cut off time. We do not have anything that covers this in our ByLaws as of today. What does RRO have to say please about protesting a vote/election.

[Rob Elsman]

Forget the protests. Any member of the assembly of property owners can renew the motion at the next meeting. It is handled as if it had never been considered and rejected before.

[hmtcastle]

Our Property Owners voted on a park pavilion. The "No" vote was won. One of the Board Members want to protest the vote as some brought their vote in after the cut off time. We do not have anything that covers this in our ByLaws as of today. What does RRO have to say please about protesting a vote/election.

If the illegal (late) votes could have affected the outcome, you might have a case for challenging the results.

But, since the motion was defeated, why not just make the same motion again? It would be a lot simpler.

[Kim Goldsworthy]

What does RRO have to say please about protesting a vote/election.

Q. On what basis is the challenge?

You cannot challenge a completed vote based on, "I don't like the result."

Your challenge must be based on some violation of the rules.

What rule was violated?

[TheBrit]

Thank you so much. What I wanted to say was that a certain board member is not happy with the outcome of the vote on the pavilion as some property owners came with their votes in hand (which is allowed) AFTER the cut off date. The Board members wants to protest the outcome. Hope I am not muddling things up here. Thank you so much,

[J. J.]

Thank you so much. What I wanted to say was that a certain board member is not happy with the outcome of the vote on the pavilion as some property owners came with their votes in hand (which is allowed) AFTER the cut off date. The Board members wants to protest the outcome. Hope I am not muddling things up here. Thank you so much,

I assume that you have a situation where some members may vote by absentee while some vote in person. Is that correct?

If so, do your bylaws provide for this method?

[Kim Goldsworthy]

... a certain board member is not happy with the outcome of the vote on the pavilion as some property owners came with their votes in hand (which is allowed) AFTER the cut off date.

Unclear on what the central issue is:

(a.)  "not happy with the vote"?

(b.)  "votes in hand (which, you say is allowed) after the cut off date"?

If the challenge is based on #a, then there is no basis for the challenge. - "Not liking it" violates no rule.

If the challenge is based on #b, then, since "[it] is allowed" (as you said), and thus violates no rule, then there is no basis for a challenge.

Q. What else ya got?

[Josh Martin]

If the challenge is based on #b, then, since "[it] is allowed" (as you said), and thus violates no rule, then there is no basis for a challenge.

I suspect "it is allowed" refers only to turning in votes by hand, not to turning them in after the cutoff date.

I agree with Mr. Mountcastle that the vote could be challenged, but since the motion was defeated, it seems much easier for someone to just make the motion again.

[TheBrit]

Unclear on what the central issue is:

(a.)  "not happy with the vote"?

(b.)  "votes in hand (which, you say is allowed) after the cut off date"?

If the challenge is based on #a, then there is no basis for the challenge. - "Not liking it" violates no rule.

If the challenge is based on #b, then, since "[it] is allowed" (as you said), and thus violates no rule, then there is no basis for a challenge.

Q. What else ya got?

[TheBrit]

Pandora's Box Kim. Some votes have shown up in the mail, as we have property owners who live out of state and rent their houses, past the deadline cut off date..Their votes indicated a "Yes" .My honest opinion is "2 Board members wanted to pavilion to be built" the rest of them did not.. Case of sour grapes probably. Thank you for your input on this. Usually the Board violates its own rules,i.e. By-Laws etc..Hhence I am no longer on the Board.

[TheBrit]

Pandora's Box Kim. Some votes have shown up in the mail, as we have property owners who live out of state and rent their houses, past the deadline cut off date..Their votes indicated a "Yes" .My honest opinion is "2 Board members wanted to pavilion to be built" the rest of them did not.. Case of sour grapes probably. Thank you for your input on this. Usually the Board violates its own rules,i.e. By-Laws etc..Hhence I am no longer on the Board.

[TheBrit]

I might add, we had a cut off dAte in the By-Laws but NOT a cut off time. This is being rectified in the revision and update of our By-Laws as we speak.. I would think, "the vote is what it is" get over it.

[Thomas Ralph]

I might add, we had a cut off dAte in the By-Laws but NOT a cut off time. This is being rectified in the revision and update of our By-Laws as we speak.. I would think, "the vote is what it is" get over it.

A cut-off time isn't really necessary if there's a cut-off date — it would seem implicit to me that in the absence of a cut-off time, any ballots received at any time on the last day are acceptable.