ballot voting rule

[Guest shrubber]

If Bylaws allow for ballot voting and absentee voting for election of officers, does that mean that ballot and absentee voting is permissable for all and any types of votes?

[Robert B Fish]

If Bylaws allow for ballot voting and absentee voting for election of officers, does that mean that ballot and absentee voting is permissable for all and any types of votes?

Ballot voting is acceptable for any vote unless your bylaws or applicable statutes say otherwise. A majority vote is required to order a ballot vote.

Absentee votign is only allowed if your bylaws say that it is. In this case, your bylaws make the sole exception for election of officers. Therefore, that's as far as absentee voting goes.

-Bob

[Guest shrubber]

Ballot voting is acceptable for any vote unless your bylaws or applicable statutes say otherwise. A majority vote is required to order a ballot vote.

Absentee votign is only allowed if your bylaws say that it is. In this case, your bylaws make the sole exception for election of officers. Therefore, that's as far as absentee voting goes.

-Bob

Thank you!.

just to clarify,

our Bylaws read,

ELECTION OF THE EXECUTIVE BOARD

The election of the executive board shall be held at the annual meeting of the members. Only those duly nominated ( blah, blah ) A member may vote by absentee ballot by submitting the same to the president. The executive board may from time to time issue reasonable rules and regulations with respect to the form of absentee ballots and provide a list of names of those voting by absentee ballot.

All other votes listed in the bylaws ( such as nomination, budgets, admendments etc ) are silent as to voting procedure.

If it is true that only absentee voting is permissable in elections, is there somewhere in Robert's that explains this?

[Gary c Tesser]

Yes, what Mr Fish said.

[Trina]

....

All other votes listed in the bylaws ( such as nomination, budgets, admendments etc ) are silent as to voting procedure.

If it is true that only absentee voting is permissable in elections, is there somewhere in Robert's that explains this?

'It is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a legal meeting... Exceptions to this rule must be expressly stated in the bylaws.' (RONR pp. 408-409)

[Guest shrubber]

OK, Can someone point out where in Robert's that is clarified?

[Guest shrubber]

'It is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a legal meeting... Exceptions to this rule must be expressly stated in the bylaws.' (RONR pp. 408-409)

Alright, But couldn't someone say that because it is expressly stated for elections, that it would hold true for other votes? That seems reasonable to me....

[David A Foulkes]

Alright, But couldn't someone say that because it is expressly stated for elections, that it would hold true for other votes? That seems reasonable to me....

You answer your own question.

Two thoughts here: per RONR (and I paraphrase at the risk of taking liberty with the concept), a general statement will yield to a more specific statement (in rules, bylaws, etc), and this (your bylaw) seems more specific than general, and, your bylaws are yours to interpret, and you will find no relief here for determining what their meaning or intent truly is.

[Trina]

Alright, But couldn't someone say that because it is expressly stated for elections, that it would hold true for other votes? That seems reasonable to me....

If the specific authorization of absentee ballots in a certain circumstance is viewed as an 'exception' (as described in RONR), then the general rule (no absentee voting) would seem to apply in all other circumstances.

If the placement of the language on absentee ballots in the bylaws truly makes the extent of the exception ambiguous, the proper interpretation of the bylaws is the responsibility of the organization (see RONR pp. 570-573 for some principles of interpretation). Note particularly that 'an ambiguity must exist before there is any occasion for interpretation,' as well as the advice that 'the ambiguous or doubtful expression should be amended as soon as practicable.' (both citations from p. 570)

[hmtcastle]

Alright, But couldn't someone say that because it is expressly stated for elections, that it would hold true for other votes? That seems reasonable to me....

How about if the rule was that you had to be home by eight o'clock at night but on Saturday you could stay out until eleven o'clock. Does it seem reasonable that you could therefore stay out late every night? I don't think the 'rents would be convinced.