ByLaws and Absentee Ballots

[Sharon Parker]

Our bylaws allow for absentee ballots due to the makeup of the membership. The question has come up if we accept absentee ballots and then amend our bylaws to not accept absentee ballots, do the old bylaws take precedent over the newly revised bylaws since the absentee ballots have already been turned in for the election of officers. The election of officers is right after any amendments to the bylaws. I would appreciate the RONR page number and reference if anyone has it.

[Kim Goldsworthy]

Our bylaws allow for absentee ballots ...

The question has come up if we accept absentee ballots and

then amend our bylaws to not accept absentee ballots,

do the old bylaws take precedent over the newly revised bylaws

since the absentee ballots have already been turned in for the election of officers.

The election of officers is right after any amendments to the bylaws.

The principle is, bylaw amendments take effect immediately.

So, if at 7:00 pm you amend the bylaws to prohibit proxies, then at 7:01 pm, no proxy votes are allowed.

You better hold 100% of your elections before you even entertain any bylaws amendments.

[Thomas Ralph]

An alternative (and if I say so myself, a better option) would be to have the bylaws vote expressed to take effect as of the adjournment of the meeting.

[Gary Novosielski]

Our bylaws allow for absentee ballots due to the makeup of the membership. The question has come up if we accept absentee ballots and then amend our bylaws to not accept absentee ballots, do the old bylaws take precedent over the newly revised bylaws since the absentee ballots have already been turned in for the election of officers. The election of officers is right after any amendments to the bylaws. I would appreciate the RONR page number and reference if anyone has it.

You can pass the amendment with a proviso that it will go into effect at some future time, such as upon completion of the election that is underway.

[jstackpo]

But a question then comes up: If you, at the meeting, attach a delaying proviso to the bylaw amendment (or, indeed, adopt an amendment to the proposed bylaw amendment) will the absentee ballots be valid AT ALL? The bylaw amendment with the new proviso attached (or as amended) is no longer what the absentees voted for (or against). So how can you tell what the absentees "really" wanted?

This is one of the reasons why absentee votes should NEVER be "mixed" with in-meeting votes, as RONR recommends on p. 409.

[Gary Novosielski]

But a question then comes up: If you, at the meeting, attach a delaying proviso to the bylaw amendment (or, indeed, adopt an amendment to the proposed bylaw amendment) will the absentee ballots be valid AT ALL? The bylaw amendment with the new proviso attached (or as amended) is no longer what the absentees voted for (or against). So how can you tell what the absentees "really" wanted?

This is one of the reasons why absentee votes should NEVER be "mixed" with in-meeting votes, as RONR recommends on p. 409.

I presumed that the absentee ballots referred to some other election currently underway, and not votes on the amendment itself. If the latter were the case, then there would be no problem, since the vote on the amendment would take place before the amendment went into effect. There would be no need for a proviso to be included in the motion to adopt the amendment.