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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116704
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Does New Jersey allow electronic voting ballots? Does

Customer Question

Does New Jersey allow electronic voting for member ballots?
Does New Jersey allow Boards of non-profits to vote via email?
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
For starters, NJ law requires votes to be taken at meetings. The NJ statute 15A:6-10, Place and notice of trustees' meetings, states:
c. Any or all trustees may participate in a meeting of the board or a committee of the board by means of conference telephone or any means of communication by which all persons participating in the meeting are able to hear each other, unless otherwise provided in the certificate of incorporation or the bylaws.
So, this means that electronic voting is permitted only if the bylaws state it is permitted, if not it has to be done in some meeting where "all persons participating are able to hear each other..." This would apply to all voting, board or members, if the bylaws allow for it, then it could be proper.