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Re-Voting on Bylaw Amendments


Guest Lawrence Beck

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At our last quarterly business meeting the membership voted to amend the bylaws. The clerk forgot record the number of yea/nay votes. As a result, at the upcoming quarterly business meeting on October 16, 2010 the membership is being asked to revote on the same bylaw amendments.

1. Is it correct to assume that the bylaw amendments as passed will be included in the last meetings minutes without the yea/nay recordation?

2. If 1. is correct, would the proper procedure be for the chair to ask for a motion to approve the amended bylaws included in or attached to the last business meeting minutes and a second. Next, would the chair still still have to open the motiion for debate or could thc chair simply ask for someone to call the question?

What exactly is the correct procedure in this case?

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1. Is it correct to assume that the bylaw amendments as passed will be included in the last meetings minutes without the yea/nay recordation?

Yes. If the vote was not a counted vote, it's enough to simply record that the motion was adopted. And "recordation" is not a word.

2. If 1. is correct, would the proper procedure be for the chair to ask for a motion to approve the amended bylaws included in or attached to the last business meeting minutes and a second. Next, would the chair still still have to open the motiion for debate or could thc chair simply ask for someone to call the question?

The motion was adopted. There's nothing more for the chair to do.

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At our last quarterly business meeting the membership voted to amend the bylaws. The clerk forgot record the number of yea/nay votes. As a result, at the upcoming quarterly business meeting on October 16, 2010 the membership is being asked to revote on the same bylaw amendments.

1. Is it correct to assume that the bylaw amendments as passed will be included in the last meetings minutes without the yea/nay recordation?

2. If 1. is correct, would the proper procedure be for the chair to ask for a motion to approve the amended bylaws included in or attached to the last business meeting minutes and a second. Next, would the chair still still have to open the motiion for debate or could thc chair simply ask for someone to call the question?

What exactly is the correct procedure in this case?

As everyone else has said, the correct procedure is to realize that the amendment process is over (the amendment passed at the last quarterly meeting), and that the bylaws stand amended, regardless of what is going on with the minutes of that prior meeting. Going through the motions to vote again on the amendment makes no sense. The information about the vote count (back when the actual vote took place) is simply lost -- you are not going to recapture it by holding another vote at a later meeting. And what happens if the vote count this time has the result that the amendment would fail to pass? What would that mean?

The chair shouldn't do any of the stuff you suggest, and, if he/she does, someone should raise a point of order that the proposed action is improper.

'Motions to "reaffirm" a position previously taken by adopting a motion or resolution are not in order. Such a motion serves no useful purpose because the original motion is still in effect...' (RONR p. 100 ll. 10-13; also, read the rest of the cited paragraph for more on why this type of motion would be a bad idea if it were allowed).

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