lame duck votes

[Guest Steve]

Sirs,

Here is the situation I would like input on.

In the final days of a members term a vote is taken on a controversial issue. The measure is passed by a vote of 5 to 4. A few days later one of the members term expires and is replaced by a new member who opposes the measure just passed.

The remaining members who voted for the measure insist that the previous vote must stand because by Roberts Rules the issue can only be reopened by one of the members who voted for the measure none of which will.

If a new vote is taken the meaure will now be defeated or rescinded. Can Roberts Rules be called upon to stop a new vote on the measure?

Thanks

[Chris Harrison]

Sirs,

Here is the situation I would like input on.

In the final days of a members term a vote is taken on a controversial issue. The measure is passed by a vote of 5 to 4. A few days later one of the members term expires and is replaced by a new member who opposes the measure just passed.

The remaining members who voted for the measure insist that the previous vote must stand because by Roberts Rules the issue can only be reopened by one of the members who voted for the measure none of which will.

If a new vote is taken the meaure will now be defeated or rescinded. Can Roberts Rules be called upon to stop a new vote on the measure?

Thanks

No. Assuming the motion hasn't been fully executed it can be Rescinded by any member (RONR pp. 293-299).

[Gary Novosielski]

The remaining members who voted for the measure insist that the previous vote must stand because by Roberts Rules the issue can only be reopened by one of the members who voted for the measure none of which will.

Those members are mistaken. They are attempting to apply the rules for the motion to Reconsider, one of which is that only those who voted on the prevailing side may move to reconsider a vote. But those rules do not apply here, because this motion was adopted at a previous meeting of a separate session.

The correct motion here is to Rescind, which applies after it is too late to Reconsider a vote. There are no such restrictions on the motion to rescind. It can be made by anyone, requires a second, and for passage requires a majority vote if prior notice has been given or, if not, a 2/3 vote or a majority of the entire body. Since this sounds like a small group with full attendance, the last of these is the most likely to apply.