by-laws

[Guest randy]

we voted on an issue at least a year ago, and i am just getting involved more, so the question is if our by-laws state that a matter has to be voted by secret bollot and the vote was done by a show of hands , does that make the motion null and void , or what shoul happen now

[Kim Goldsworthy]

We voted on an issue at least a year ago, and I am just getting involved more, so the question is,

if our by-laws state that a matter has to be voted by secret ballot, and the vote was done by a show of hands,

does that make the motion null and void, or what should happen now.

Yes. -- The adoption is null and void.

A continuing breach was created.

A point of order may be raised at any time. -- Years later, even.

What should happen now?

A point of order should be raised.

The null and void business should be ratified, assuming it was "adopted" way back then.

Or not -- perhaps today the business would be seen differently, and the same motion would not pass if a proper vote were taken.

If it was not adopted, then the question is moot. There is nothing which needs be done.

[Matt Schafer]

if our by-laws state that a matter has to be voted by secret bollot and the vote was done by a show of hands , does that make the motion null and void.

Yes. -- The adoption is null and void.

A continuing breach was created.

RONR (10th ed.), p. 255, l. 18-22 gives an example of a ballot vote for electing officers as a rule protecting a basic right of an individual member, a violation of which is one way to create a continuing breach (p. 244, l. 21-23). randy's example seems to be a motion, not an election. Does this principle apply more broadly to all secret-ballot votes required by the bylaws, not just elections?

[Gary Novosielski]

RONR (10th ed.), p. 255, l. 18-22 gives an example of a ballot vote for electing officers as a rule protecting a basic right of an individual member, a violation of which is one way to create a continuing breach (p. 244, l. 21-23). randy's example seems to be a motion, not an election. Does this principle apply more broadly to all secret-ballot votes required by the bylaws, not just elections?

I don't see why it wouldn't.

[Dan Honemann]

RONR (10th ed.), p. 255, l. 18-22 gives an example of a ballot vote for electing officers as a rule protecting a basic right of an individual member, a violation of which is one way to create a continuing breach (p. 244, l. 21-23). randy's example seems to be a motion, not an election. Does this principle apply more broadly to all secret-ballot votes required by the bylaws, not just elections?

Yes, the rule applies to all ballot votes. As you will note, the example to which you refer on page 255, lines 18-22, refers you to pages 398-99.