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What is a quorum?


Guest Rick Knee

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If a meeting body has a number of vacancies, does a quorum require the majority of seats on the body or merely the number of filled seats -- particularly as defined in California law? Does a majority vote on a substantive matter require the majority of seats on a body, a majority of the number of filled seats or a majority of those attending a meeting when a quorum has been established? Direct RSVPs appreciated -- rak0408@earthlink.net.

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If a meeting body has a number of vacancies, does a quorum require the majority of seats on the body or merely the number of filled seats -- particularly as defined in California law?

Setting aside California law for the moment, the quorum requirement is typically based on the number of actual members, not the number of potential members. So vacancies don't count (though your rules may vary).

Does a majority vote on a substantive matter require the majority of seats on a body, a majority of the number of filled seats or a majority of those attending a meeting when a quorum has been established?

None of those.

A majority vote is based on the number of members present and voting. So a vote of 1-0 could do it.

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By RONR default, a quorum is more than half of the voting members of the assembly that is meeting. Empty seats don't enter into the calculation. Your rules (bylaws and/or CA law) may state otherwise. If you have a 20-seat Board with 10 vacancies, a quorum would be 6 (more than half of 10). As for California law, you probably should talk to a California lawyer.

By RONR default, a majority vote is more than half of the votes cast by the members present and voting at the time. Empty seats don't enter into the calculation. By the example I used, if all 10 members attend, but only 3 vote (the other 7 abstaining), then a majority vote is 2. Your rules (bylaws and/or CA law) may state otherwise.

And I'd discourage you from further inclusion of your email. No one here will likely rsvp that way, and it makes it available for anyone to send you bad stuff. :(

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