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Amending a Proposed Constitution


Guest Todd

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Our organization established a constitutional committee that re-wrote large segments of the constitution. The constitution must now be voted on by the members of this organization. It requires a 2/3 vote to pass amendments so we are applying this to the adoption of the proposed constitution. Our question deals with this idea: If during discussion, the members want to amend the proposed document and so move, by what amount does the amendment have to pass...majority of 2/3 of those present? Generally amendments must have a simple majority, but in this case where you are amending a proposed constitution, is it different?

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If during discussion, the members want to amend the proposed document and so move, by what amount does the amendment have to pass...

Q1. majority [of those present]?

Q2. 2/3 [of those present]?

A1. No.

A2. No.

Majority vote (i.e., voters present AND voting, not merely present).

Generally amendments must have a simple majority, but in this case where you are amending a proposed constitution, is it different?

No.

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Amendment of the proposed document would still be by majority vote. It is only when a proposed change (perhaps amended from its initial form) is finally adopted (i.e. when the constitution is actually changed) that you are subject to the 2/3 vote requirement.

If your group is considering a revision (replacement of the entire existing document with a new document) you will probably want to read about consideration by paragraph or seriatim (RONR pp. 266-270), for an orderly way to proceed through potential amendments, and eventually to a vote on the entire document.

edit: and, as Mr. Goldsworthy already noted, the default under RONR is majority of those present and voting for amending the proposal; 2/3 of those present and voting to actually change the bylaws (or constitution, in your case). If your bylaws just say '2/3 vote', that's what is meant. If the bylaws specifically say '2/3 of those present', follow your bylaws (bylaws supersede the parliamentary authority).

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