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Loren, Attorney
Category: Business Law
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Experience:  30 years experience representing clients .
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My question deals with Roberts Rules of Order. Our board consists

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My question deals with Roberts Rules of Order. Our board consists of five voting members and a chair person who is allowed to vote only to break a tie. If one member is absent, and a vote taken is 2-2, and the chairperson votes to break the tie, using Roberts Rules of Order, does this vote satisfy the 2/3rds requirement? The by-laws do not address this.
Submitted: 5 years ago.
Category: Business Law
Expert:  Loren replied 5 years ago.
A two-thirds majority is a potentially ambiguous supermajoritarian requirement in some elections, especially if minority rights can be changed (e.g., constitutional amendments). There are two kinds of two-thirds majority: the simple or the absolute.
An unqualified or simple two-thirds majority requires that the number of votes in favor must be at least twice the number of votes against. Abstaining votes or neutral votes are not considered in a simple two-thirds majority.
An absolute two-thirds majority requires that at least two-thirds of the entire membership of a body vote in favor. Either way, the vote you describe does not meet the 2/3 requirement.
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