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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117375
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IF a bylaws proposal is properly noticed, and it is defeated

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IF a bylaws proposal is properly noticed, and it is defeated by the members who, if any, has the authority to amend the motion and resubmit to the members without it becoming a new motion subject to the required notice?
Thank you for your new question and for asking for me.

If a bylaw is defeated as written, absent a clause in the bylaws to the contrary, any member may move to amend the bylaw proposal from the floor. The way it works is that a bylaw can be introduced and discussed and the original bylaw would be voted on and then a motion to amend the bylaw can be made from the floor by any member.

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Customer: replied 4 years ago.

The bylaws require 45 day notice for amendments to the bylaws. Is there any time when only the original proposer can amend the defeated motion without it becoming a new motion requiring the aforementioned 45 day notice?

Thank you for your response.

The bylaws require notice to propose an amendment to the bylaws, but if a bylaw is proposed on a topic and the membership wants to amend that proposal that is different than proposing an amendment to the bylaws themselves, they are proposing an amendment to a proposed bylaw amendment. It seems like mincing words, but any proposed bylaw amendment can be amended from the floor by any member including the original member who proposed it.
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