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J. Warren
J. Warren, Attorney
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I have a question about Roberts rules of order as it pertains

Resolved Question:

I have a question about Robert's rules of order as it pertains to conducting an election of officers using ballots, when their is a tie vote.
Submitted: 9 months ago.
Category: Business Law
Expert:  J. Warren replied 9 months ago.
Hello! My name is XXXXX XXXXX X look forward to helping you today.

If the vote is by voice, a president may vote to break a tie or create a tie (however president's vote may not twice if he/she was permitted to vote prior in the election). If the vote is by ballot, then in the event of a tie the election must go for a reballot until a majority is reached on the voting of the officer.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns, once satisfied please kindly rate my answer.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

Customer: replied 9 months ago.

It was only a tie for the office of President. Also, our by-laws state that our meetings will be held in accordance with the Robert's Rules of Order, where it is not otherwise stated in our by-laws.


 


So the question came up as to what Robert's Rules of order states as it concerns a tie vote. I apologize, but I was aware of the fact that the rules state that you continue balloting until the vote is tied.


 


However, in our community association meeting last month, when we held the elections, we adjourned the meeting without reballoting, because of the contentious nature of a few of the members in the meeting. We will be coming back together this month to continue the balloting for president until someone is elected.



However, since that time, one of the board members wants to include more persons in the reballotting process than were eligible to vote when we took the initial votes in our elections of officers. Because September is the beginning of our fiscal year, we had new members come and pay their dues, that did not pay last year, and therefore were not eligible to vote in our election of officers.



What I have tried to do as President is explain to this person that you cannot increase the number of persons in the reballoting process than were not eligible to vote when the initial vote was taken.



Am I correct in my explanation, as our by-laws does not address this unique situation?

Expert:  J. Warren replied 9 months ago.
Thank you for the follow up and additional information. I appreciate your situation. If the meeting was properly adjourned then the reconvening of the meeting in general only permits those that were eligible to vote at the adjourned meeting. This would permit a member who was eligible to vote in the meeting to enter the meeting late but not a new member that was not eligible to vote at the time of the adjourned meeting. So you have the rule correct.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. If for any reason you feel that a 2 or 1 rating is appropriate, please first give me the opportunity to address your concerns.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
J. Warren, Attorney
Category: Business Law
Satisfied Customers: 1121
Experience: Experience in general business transaction and formation matters.
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