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Vote mishap


Guest Duncan McLane

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The section of our by-laws regarding attendance requirements to be eligible to vote in our by-laws was changed recently. It was mistakenly overlooked at our last meeting using the previous eligibility requirements making some members eligible and others not. It was a close vote so the outcome may have been different which is why I am asking for expert input.

Does the vote stand or is it null and void?

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Since, from what you say, some of those who cast ballots were not actually eligible to do so, and there is the possibility that those improper votes could have made a difference in the outcome, the election should be voided - see RONR, p.402.

I trust your bylaws contain a clear definition of "attendance".

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The section of our by-laws regarding attendance requirements to be eligible to vote in our by-laws was changed recently. It was mistakenly overlooked at our last meeting using the previous eligibility requirements making some members eligible and others not. It was a close vote so the outcome may have been different which is why I am asking for expert input.

Does the vote stand or is it null and void?

You need to clear up the eligibility issue, first. A vote is not suddenly void, just because you think someone is not entitled to vote. Raise a point of order regarding the members' voting rights. The chair will make a ruling on the matter, subject to appeal. Then, go from there.

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