CHAPTER
XIII
VOTING
§44. BASES FOR DETERMINING A VOTING RESULT
Majority Vote—the Basic Requirement
44:1 As stated in 1:6, the basic requirement for approval of an action or choice by a deliberative assembly, except where a rule provides otherwise, is a majority vote. The word majority means “more than half”; and when the term majority vote is used without qualification—as in the case of the basic requirement—it means more than half of the votes cast by persons entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting. For example (assuming that there are no voters having fractions of a vote, as may occur in some conventions):
• If 19 votes are cast, a majority (more than 9½) is 10.
• If 20 votes are cast, a majority (more than 10) is 11.
• If 21 votes are cast, a majority (more than 10½) is 11.
44:2 Other bases for determining a voting result, as described below, are required under parliamentary law for certain procedures, or may be prescribed by the rules of the particular body—for decisions in general or for questions of a specified nature (see also 10:8(7)). Regardless of the basis required, a decision can be validly made only when a quorum is present (unless otherwise specified in the rules, as in the case of certain procedural actions); see 40.
Two-Thirds Vote
44:3 A two-thirds vote—when the term is unqualified—means at least two thirds of the votes cast by persons entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting. For example (assuming that there are no fractions of votes):
• If 30 votes are cast, a two-thirds vote is 20.
• If 31 votes are cast, a two-thirds vote is 21.
• If 32 votes are cast, a two-thirds vote is 22.
• If 33 votes are cast, a two-thirds vote is 22.
44:4 As a compromise between the rights of the individual and the rights of the assembly, the principle has been established that a two-thirds vote is required to adopt any motion that: (a) suspends or modifies a rule of order previously adopted; (b) prevents the introduction of a question for consideration; (c) closes, limits, or extends the limits of debate; (d) closes nominations or the polls, or otherwise limits the freedom of nominating or voting; or (e) takes away membership. (For a list of motions that require a two-thirds vote, see pages t48–t49.)
44:5 In determining whether a question has obtained two thirds of the votes cast, the chair takes a rising vote (or, in a very small assembly, if the chair prefers and no one objects, a vote by show of hands), and it is the chair’s duty to obtain a count of the vote whenever he is in doubt concerning the result.
44:6 The chair can obtain a count of the vote initially if it appears—when those in the affirmative rise—that the result will be close; or he can retake it as a counted rising vote if he is afterward in doubt. In an assembly that has no special rule permitting a small fraction (that is, a specified fraction somewhat less than one third) of the voters to require a two-thirds vote to be counted, the chair, in judging whether to obtain a count of the vote at his own instance, must be particularly careful to leave no room for anyone to doubt the result in cases where he finds that there are two thirds on the side that thereby prevails. Without a count at the chair’s instance under these conditions, if he announces that a two-thirds vote has been obtained and those on the losing side doubt the result, they are powerless to have it verified should those declared the winners choose to prevent a count. The reason is that—whatever may be the true result in view of the closeness of the vote in such a case—those declared the losers are no more than approximately one third of those voting, and therefore cannot command the majority necessary to order the vote counted.
Modifications of Usual Bases for Decision
44:7 By modifying the concepts of a majority vote and a two-thirds vote, other bases for determining a voting result can be defined and are sometimes prescribed by rule. Two elements enter into the definition of such bases for decision: (1) the proportion that must concur—as a majority, two thirds, three fourths, etc.; and (2) the set of members to which the proportion applies—which (a) when not stated, is always the number of members present and voting, but (b) can be specified by rule as the number of members present, the total membership, or some other grouping.
44:8 Assume, for example, that at a meeting of a society with a total membership of 150 and a quorum of 10, there are 30 members present, of whom 25 participate in a given counted vote (taken by rising, by show of hands, by roll call, or by ballot). Then, with respect to that vote:
A majority is……13
A majority of the members present is……16
A majority of the entire membership is……76
A two-thirds vote is……17
A vote of two thirds of the members present is……20
A vote of two thirds of the entire membership is……100
44:9 Regarding these bases for determining a voting result, the following points should be noted:
a) Voting requirements based on the number of members present—a majority of those present, two thirds of those present, etc.—while possible, are generally undesirable. Since an abstention in such cases has the same effect as a negative vote, these bases deny members the right to maintain a neutral position by abstaining. For the same reason, members present who fail to vote through indifference rather than through deliberate neutrality may affect the result negatively. When such a vote is required, however, the chair must count those present immediately after the affirmative vote is taken, before any change can take place in attendance. The negative vote is not taken, since it is intrinsically irrelevant to determining whether the motion is adopted. (See 4:35.)
b) A majority of the entire membership1 is a majority of the total number of those who are members of the voting body at the time of the vote. (Thus, in a society that has both a general membership and an executive board, a “majority of the entire membership” at a board meeting refers to a majority of the membership of the board, not of the society.) In a convention of delegates a majority of the entire membership means a majority of the total number of convention members entitled to vote as set forth in the official roll of voting members of the convention (1:16, 59:25–26). The vote of a majority of the entire membership is frequently an alternative to a requirement of previous notice, and is required in order to rescind and expunge from the minutes (see 35:13). Otherwise, prescribing such a requirement is generally unsatisfactory in an assembly of an ordinary society, since it is likely to be impossible to get a majority of the entire membership even to attend a given meeting, although in certain instances it may be appropriate in conventions or in permanent boards where the members are obligated to attend the meetings.
44:10 Whenever it is desired that the basis for decision be other than a majority vote or (where the normal rules of parliamentary law require it) a two-thirds vote or a vote of a majority of the entire membership, the desired basis should be precisely defined in the bylaws or in a special rule of order. Whatever voting basis is used, it is also possible to include a requirement of previous notice for specified types of action. Previous notice means that notice of intent to introduce the proposal must be given at the preceding meeting (in which case the notice can be oral), or in the call of the meeting at which it is brought up (for a discussion of previous notice, see 10:44–51).
Plurality Vote
44:11 A plurality vote is the largest number of votes to be given any candidate or proposition when three or more choices are possible; the candidate or proposition receiving the largest number of votes has a plurality. A plurality that is not a majority never chooses a proposition or elects anyone to office except by virtue of a special rule previously adopted. If such a rule is to apply to the election of officers, it must be prescribed in the bylaws. A rule that a plurality shall elect is unlikely to be in the best interests of the average organization. In an international or national society where the election is conducted by mail ballot, a plurality is sometimes allowed to elect officers, with a view to avoiding the delay and extra expense that would result from additional balloting under these conditions. A better method in such cases is for the bylaws to prescribe some form of preferential voting (see 45:62–69).
Tie Votes and Cases in Which the Chair’s Vote Affects the Result
44:12 If the presiding officer is a member of the assembly, he can vote as any other member when the vote is by ballot (see also 45:28). In all other cases the presiding officer, if a member of the assembly, can (but is not obliged to) vote whenever his vote will affect the result—that is, he can vote either to break or to cause a tie; or, in a case where a two-thirds vote is required, he can vote either to cause or to block the attainment of the necessary two thirds. In particular:
• On a tie vote, a motion requiring a majority vote for adoption is lost, since a tie is not a majority. Thus, if there is a tie without the chair’s vote, the presiding officer can, if he is a member, vote in the affirmative, thereby causing the motion to be adopted; or, if there is one more in the affirmative than in the negative without the chair’s vote (for example, if there are 72 votes in favor and 71 opposed), he can vote in the negative to create a tie, thus causing the motion to be rejected.
• Similarly, in the case of a motion requiring a two-thirds vote, if, without the chair’s vote, the number in the affirmative is one less than twice the number in the negative (for example, if there are 59 in the affirmative and 30 in the negative), the chair, if a member, can vote in the affirmative and thus cause the motion to be adopted; or, if there are exactly two thirds in the affirmative without his vote (for example, if there are 60 in the affirmative and 30 in the negative), the chair can vote in the negative, with the result that the motion is rejected.2 Similarly, the chair’s vote might affect the result in cases where a majority of the members can decide a question.
The chair cannot vote twice, once as a member, then again in his capacity as presiding officer.
44:13 In an appeal from the decision of the chair, a tie vote sustains the chair’s decision, even though his vote created the tie, on the principle that the decision of the chair can be reversed only by a majority.
§45. VOTING PROCEDURE
Rights and Obligations in Voting
45:1 Voting Rights of a Member in Arrears. A member of a society who is in arrears in payment of his dues, but who has not been formally dropped from the membership rolls and is not under a disciplinary suspension, retains the full rights of a voting member and is entitled to vote except as the bylaws may otherwise provide. (See also 1:13n3, 56:19.)
45:2 One Person, One Vote. It is a fundamental principle of parliamentary law that each person who is a member of a deliberative assembly is entitled to one—and only one—vote on a question. This is true even if a person is elected or appointed to more than one position, each of which would entitle the holder to a vote. For example, in a convention, a person selected as delegate by more than one constituent body may cast only one vote. An individual member’s right to vote may not be transferred to another person (for example, by the use of proxies).
45:3 Right of Abstention. Although it is the duty of every member who has an opinion on a question to express it by his vote, he can abstain, since he cannot be compelled to vote. By the same token, when an office or position is to be filled by a number of members, as in the case of a committee, or positions on a board, a member may partially abstain by voting for less than all of those for whom he is entitled to vote.
45:4 Abstaining from Voting on a Question of Direct Personal Interest. No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm of which a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. However, no member can be compelled to refrain from voting in such circumstances.
45:5 Voting on Questions Affecting Oneself. The rule on abstaining from voting on a question of direct personal interest does not mean that a member should not vote for himself for an office or other position to which members generally are eligible, or should not vote when other members are included with him in a motion. If a member never voted on a question affecting himself, it would be impossible for a society to vote to hold a banquet, or for the majority to prevent a small minority from preferring charges against them and suspending or expelling them (61, 63).
45:6 Interruption of Votes. When a vote is being taken, no interruption is permitted from the time that any member has actually voted until all have presumably voted, unless as sometimes occurs in ballot voting, other business is being transacted during voting. For points of order regarding the conduct of a vote, see below (45:9).
45:7 Rule Against Explanation by Members During Voting. A member has no right to “explain his vote” during voting, which would be the same as debate at such a time.
45:8 Changing One’s Vote. Except when the vote has been taken by ballot (or some other method that provides secrecy), a member has a right to change his vote up to the time the result is announced but afterward can make the change only by the unanimous consent of the assembly requested and granted, without debate, immediately following the chair’s announcement of the result of the vote (see below).
45:9 Time Limits on Efforts to Challenge, Retake, or Change a Vote. After the result of a vote has been announced, members can still propose or demand certain actions that may change the result. A member may raise a point of order regarding the conduct of the vote, demand a division of the assembly, move to retake the vote under another method, move for a recapitulation of a roll-call vote, or request unanimous consent to change his vote. With the exception of a point of order raised against a breach of a continuing nature (23:6–9), if any of these actions is to apply to a vote after the result has been announced, it must be taken immediately after the chair’s announcement, before any debate or business has intervened. For example, it is too late to take these actions after any member has been recognized and begun to speak in debate or to give a report or presentation, or after the chair has stated the question on a subsequently made motion, or after the chair has begun to take the vote and any member has voted on another motion that was pending. For the time limits on ordering that a counted rising vote, a ballot, or a roll-call vote be recounted, see the last sentence of 45:15; 45:41; and 45:54. See also Contesting the Announced Result of an Election, 46:48–50.
45:10 Assembly’s Prerogative in Judging Voting Procedures. The assembly itself is the judge of all questions arising that are incidental to the voting or the counting of the votes. In an election by ballot, for example, the tellers should refer to the assembly for decision all questions on which there is any uncertainty (see 45:33).
Regular Methods of Voting on Motions
45:11 In Chapter II are described the following methods of voting:
1) by voice (viva voce)—the normal method of voting on a motion;
2) by rising—used in verifying an inconclusive voice vote, and in voting on motions requiring a two-thirds vote for adoption; and
3) by show of hands—an alternative method that can be used in place of a rising vote in very small assemblies if no member objects. In some small groups, a vote by show of hands is also used in place of a voice vote as a normal method of voting.
Paragraphs 4:34–57 should be read in connection with these three methods of voting.
45:12 Also described in Chapter II is the procedure of action by unanimous consent. Paragraphs 4:58–63 should be read in reference to this method of transacting business.
45:13 A characteristic that the three methods of voting listed above have in common is that in each case the chair calls first for those voting in the affirmative to indicate the fact in a specified manner (“say aye,” “rise,” or “raise the right hand”), after which he calls for the negative vote, then judges and declares which side prevails.
45:14 Verifying a Vote. In connection with the methods of voting by voice, by rising, or by show of hands, as explained in Chapter II, if the chair is in doubt on a voice vote or a vote by show of hands, he should retake it as a rising vote and, if necessary to satisfy himself of the result, he should obtain a count of it. Any member, by demanding a Division (29), can require a voice vote or a vote by show of hands to be retaken as a rising vote—but no individual member can compel it to be counted. If the chair does not obtain a count at his own instance and a member thinks one is desirable, that member should move that the vote be counted. If this motion is seconded, the question as to whether a count shall be ordered is voted on by voice vote, or by an uncounted rising vote or show of hands. Where no special rule has been adopted, a majority vote is required to order a count. In organizations where it is desired to allow less than a majority to order a count, a special rule of order establishing the required vote should be adopted. Such a rule is particularly desirable with reference to motions that require a two-thirds vote for adoption (see also 44:5–6). It should be noted that a vote is never retaken by the same form of voting, although, in a counted rising vote, a ballot, or a roll call, a recount of the votes or of the tellers’ tabulations can be ordered to ensure that the count is precisely correct as reported.
45:15 Method of Counting a Rising Vote. In small meetings, the chair can take such a count himself—with or without directing the secretary to make an independent count for verification. In a large assembly, the chair should appoint tellers to take the count. The count is taken by having those in the affirmative rise and stand until counted, then having those in the negative rise and stand until counted. The votes can also be counted by having the members pass between tellers, or having them count off by rows and be seated one at a time, although the latter process is particularly subject to confusion if great care is not exercised by the tellers. Those in the affirmative are always counted first. In all but small assemblies, the doors should be closed and no one should enter or leave the hall while a count is being taken. The form used in taking a count is as shown in 4:39. In a meeting small enough that each member present can make his own verification of a count on a show of hands, the chair can take the count by this method, if he prefers and no one objects. If written records are prepared in counting the vote, such as tellers’ tally sheets, they are subject to the same retention and recount rules as ballots (45:41).
45:16 Voting Cards. Some organizations like to use a brightly colored cardboard card, approximately three inches wide and a foot long, in voting on most or all occasions by raising it when asked to do so by the chair. The authorization of the use of these devices in voting, however, depends on expected conditions in the meeting. If the “voters’ cards” have been distributed to the voters in advance, and the chair or a member thinks a simple division vote (as described in 4:38) is called for, the chair may say: “As many as are in favor of the motion, raise your voters’ cards.… Down. Those opposed, raise your voters’ cards. Down.…” If a count is desired, however, the chair or the assembly must authorize the count as in the case of a counted division (as described in 4:39; see also 30, Motions Relating to Methods of Voting and the Polls). If this method of voting is to be used, it must be authorized by a special rule of order or, in a convention, by a convention standing rule.
Other Methods of Voting
45:17 In contrast to the methods of voting mentioned in the preceding subsection, the voting methods described below are used only when expressly ordered by the assembly or prescribed by its rules.
45:18 Voting by Ballot. Voting by ballot (also known as secret ballot) is used when secrecy of the members’ votes is desired. A ballot vote is a vote taken by instruments, such as slips of paper or electronic devices,3 by which members can indicate their choices without revealing how individual members have voted. On a ballot vote in an election or other vote involving multiple possible choices, members are able to write in or fill in a vote for any eligible person or choice and are not confined to voting for or against candidates that appear on the ballot.
45:19 The bylaws of the organization may prescribe that the vote be by ballot in certain cases, as in the election of officers and in admission to membership. Any vote related to charges or proposed charges before or after a trial of a member or any officer should always be by ballot. In cases in which there is no requirement that a vote be by ballot, a ballot vote can be ordered by a majority vote—which may be desirable whenever it is believed that members may thereby be more likely to vote their true sentiments.
45:20 When the bylaws require a vote to be taken by ballot, this requirement cannot be suspended—even by a unanimous vote—so as to take the vote by a nonsecret method. A vote ordering a ballot vote on a particular question (see 30) can, however, be reconsidered as long as the balloting has not yet begun.
45:21 When a vote is to be taken, or has been taken, by ballot, whether or not the bylaws require that form of voting, no action is in order that would force the disclosure of a member’s vote or views on the matter. Applications of this rule arise with regard to voting on motions to Postpone Indefinitely (30:5) and the reconsideration of motions that have been previously voted on by ballot (30:7). Likewise, a motion to make unanimous a ballot vote that was not unanimous must itself be voted on by ballot; even a single negative vote in such a case defeats the motion.
45:22 Whenever a vote is to be taken by ballot, it is not in order to move that one person—the secretary, for example—cast the ballot of the assembly.
45:23 Unless another method is specified by an appropriate rule or motion (see 45:42–43 regarding electronic or machine voting), a ballot vote is taken on slips of paper on which the voters mark their votes and is subject to the rules below.
45:24 Form of the ballot. A ballot can consist of simply a small slip of paper on which the voter writes his choice in a manner directed by the chair; but if it is known ahead of time that a vote is to be by ballot and what the exact questions are, the ballots should be prepared in advance for distribution at the proper time. In such a case, each question to be voted on appears on the ballot with a list of the possible answers beside blank spaces or boxes, so that the voter can check the answer he desires. Two or more questions can be listed on the same sheet, provided that each is marked in such a way that there can be no confusion, as illustrated below.
1. Shall the National Headquarters be moved to Thresher City?
Yes 
No
2. Meeting place of next convention:
Seattle
New Orleans
Other
(Fill in name)
45:25 In elections, “for” and “against” spaces or boxes may not be used. They are applicable only with respect to votes on motions. In an election, a voter can vote against one candidate only by voting for another who has been nominated or by writing in the name of another candidate.
45:26 Balloting procedure. In balloting in a meeting where the voting is in the same room as the meeting, the chair appoints tellers to distribute, collect, and count the ballots, and to report the vote. The number of tellers is dependent on the number of voters, and the number of offices to be filled or questions to be answered, or the number of candidates. For a small group, two or three tellers are usually sufficient. The tellers should be chosen for accuracy and dependability, should have the confidence of the membership, and should not have a direct personal involvement in the question or in the result of the vote to an extent that they should refrain from voting under the principle stated in 45:4. Often their position with regard to the issue involved is well known, however, and they are frequently chosen to protect the interests of each opposing side. They normally vote themselves.
45:27 To ensure accuracy and to enable the tellers when unfolding the ballots to detect any error, each ballot should be folded in a manner announced in advance or stated on the ballot itself.
45:28 The presiding officer, if a member of the assembly, can always vote in the case of a ballot at the time other members do. Should he fail to vote before the polls are closed, he cannot then do so without the permission of the assembly.
45:29 When the balloting is completed, the chair directs the tellers to collect the ballots. In collecting the ballots, it is the tellers’ responsibility to see that no member votes more than once—for the assurance of which the assembly should adopt some reasonable and orderly method. For example: (a) In meetings where only voters are present, members can remain in their seats and drop their ballots into a receptacle passed by a teller, accompanied by another teller as watcher and checker; (b) they can go to a central ballot box monitored by at least two tellers and deposit their ballots; or (c) they can hand their ballots to a teller—who judges by the thickness and feel of the paper that only one ballot is being cast, and who deposits them in a central ballot box. Whatever method of collecting the ballots is followed, it—like other details relating to voting—should be fixed by rule or custom in the organization and should not be subject to haphazard variation from occasion to occasion.
45:30 After all have voted who wish to, the polls can be closed on the motion of a member by a two-thirds vote (30); but it is usually best to rely on the chair to close the polls. When everyone appears to have voted, the chair inquires, “Have all voted who wish to do so?” If there is no response, he says, “If no one else wishes to vote… [pause], the polls are closed,” thus in effect declaring the polls closed by unanimous consent. Thereafter, if other members arrive who wish to vote, a majority vote is required to reopen the polls (30). The tellers proceed to count the ballots—in a secluded location or in another room if the meeting proceeds to other business during the counting. Some small organizations have a custom that ballots are counted in full presence of the meeting.
45:31 Recording the votes. In recording the votes cast, the principle followed is that a choice has no mandate from the voting body unless approval is expressed by more than half of those entitled to vote and registering any evidence of having some preference. Accordingly, the tellers ignore blank ballots and other ballots that indicate no preference, treating them as abstentions. (Blank ballots are sometimes cast by members to conceal the fact that they do not wish to vote.)
45:32 All ballots that indicate a preference—provided they have been cast by persons entitled to vote—are taken into account in determining the number of votes cast for purposes of computing the majority. Each such ballot is credited to the voter’s preferred candidate or choice if the meaning of the ballot is clear and the choice is valid. Unintelligible ballots or ballots cast for an unidentifiable or ineligible candidate are treated instead as illegal votes—that is, they are counted as votes cast but are not credited to any candidate or choice. Similarly, a ballot that contains votes for too many candidates for a given office is counted as one illegal vote cast for that office, because it is not possible for the tellers to determine which candidate(s) the voter prefers.
45:33 Technical errors, like the misspelling of a word or name, do not make a vote illegal if the meaning of the ballot is clear. If the meaning of one or more ballots is doubtful, they can be treated as illegal if it is impossible for them to affect the result; but if they may affect the result, the tellers report them to the chair, who immediately submits to the assembly the question of how these ballots should be recorded. When reporting doubtful ballots, the tellers must be careful whenever possible not to show how the decision would affect any of the candidates.
45:34 If, in unfolding the ballots, it is found that two or more filled-out ballots are folded together, they are recorded as illegal votes—that is, each set of ballots folded together is reported as one illegal vote, and is not credited. On the other hand, a blank ballot folded in with one that is properly filled out is ignored and does not cause the rejection of the ballot with which it was folded.
45:35 If one or more ballots are identifiable as cast by persons not entitled to vote, these ballots are excluded in determining the number of votes cast for purposes of computing the majority. If there is evidence that any unidentifiable ballots were cast by persons not entitled to vote, and if there is any possibility that such ballots might affect the result, the entire ballot vote is null and void, and a new ballot vote must be taken.
45:36 On a ballot containing several questions or several independent offices or positions to be filled, each section of the ballot—that is, each portion that contains one question or position to be filled, or one group of identical positions (such as on a board or committee) to be filled—is treated for all purposes as if it were a separate ballot, which is counted in accordance with the rules given above. Therefore, the number of votes cast for purposes of computing the majority must be tallied independently for each section. So, too, if a member leaves one or more of the sections blank, the blank sections in no way affect the validity of the sections that are filled; nor do illegal votes on one section affect the validity of the remaining sections. Likewise, the folding together of two or more ballots that contain multiple sections creates an illegal vote only for each section that is filled out on more than one of the folded-together ballots. (Regarding the election of members of a board or committee in which votes are cast for several identical positions on one section of the ballot, see also 46:33–34.)
45:37 Tellers’ report and the chair’s declaration of the result. The chairman of tellers, standing, addresses the chair, reads the tellers’ report, and hands it to the chair without declaring the result. In the case of an election, the report follows this form:
TELLERS’ REPORT
Number of votes cast……97
Necessary for election (majority)……49
Mr. Miller received……51
Mr. Wilson received……24
Mr. Strong received……14
Illegal Votes
Mr. Friend (ineligible)……7
Two ballots for
Mr. Wilson folded together, rejected……1
45:38 In the case of balloting on a motion, the tellers’ report is as follows:
TELLERS’ REPORT
Number of votes cast……102
Necessary for adoption (majority)……52
Votes for motion……69
Votes against……32
Illegal votes
Two ballots against, folded together, rejected……1
45:39 The tellers’ report does not include the number of members eligible to vote nor the number abstaining. In a local society or other body in which membership continues on a long-term basis, only the officer responsible for maintaining the membership roll, and in a convention only an immediate updated report of the credentials committee, can validly determine the number of members eligible to vote if this figure becomes needed. The reporting teller never declares the result of a ballot vote. The result is always declared by the chair, who also reads the tellers’ report before he does so. In an election, the chair separately declares the election of each officer (see also 46). In balloting on a motion, the chair announces the result.
45:40 The tellers’ report is entered in full in the minutes, becoming a part of the official records of the organization. Under no circumstances may this be omitted in an election or in a vote on a critical motion out of a mistaken deference to the feelings of unsuccessful candidates or members of the losing side.
45:41 After completion of an election or balloting on a motion, unless the voting body adopts an incidental main motion directing otherwise, the tellers place the ballots and tally sheets in the custody of the secretary, who keeps them under seal until the time within which a recount may be ordered expires, and then destroys them. A recount may be ordered by the voting body, by a majority vote, at the same session at which the voting result was announced, or at the next regular session if that session is held within a quarterly time interval (see 9:7). A recount may also be ordered at a special session properly called for that purpose, if held within a quarterly time interval of the session at which the voting result was announced and before the next regular session. A motion to order a recount after the vote has just been taken or announced is an incidental motion (see 30); if the motion is made at a later time, it is an incidental main motion.
45:42 Electronic or Machine Voting. In many organizations—especially in those comprising hundreds of voters—the process of verifying and counting votes is greatly simplified by the use of electronic or mechanical voting devices, such as handheld keypads or standalone voting machines. The use of such devices to conduct voting may be directed by a special rule of order or convention standing rule or, for a particular vote, by a motion relating to methods of voting and the polls (30). Their use to fulfill a ballot requirement in the bylaws may be directed in the same manner, provided that the devices meet the criteria for a ballot vote as stated in 45:18. Members must be able to indicate their choices without revealing how they have voted. If the devices are to be used for an election, provision must be made to allow voters to cast write-in votes. If the devices are to be used to conduct voting on several questions or several independent offices simultaneously, then they must be programmed to allow the number of votes cast for purposes of computing the majority to be tallied independently for each question or office (see 45:36).
45:43 Where such devices are to be used, the following considerations are important:
• Preparations for the meeting should be made in consultation with the person in charge of installing the devices and overseeing their use, so that all adjustments required by the particular conditions of the meeting can be provided for.
• Persons who are to tend the devices during voting must be carefully instructed in their duties, and must be able to explain the use of the devices to voters.
• If there are likely to be many voters who have never used the devices, it may be advisable to have a device available for the voters’ inspection on a day previous to the meeting or to conduct a practice vote at the start of the meeting.
45:44 For the use of electronic devices in place of a roll-call vote, see 45:55.
45:45 Roll-Call Vote. Taking a vote by roll call (or by yeas and nays, as it is also called) has the effect of placing on the record how each member, or sometimes each delegation, votes; therefore, it has exactly the opposite effect of a ballot vote. It is usually confined to representative bodies, where the proceedings are published, since it enables constituents to know how their representatives voted on certain measures. It should not be used in a mass meeting or in any assembly whose members are not responsible to a constituency.
45:46 Ordering a roll-call vote. In a representative body, if there is no legal or constitutional provision specifying the size of the minority that can order a roll-call vote, the body should adopt a rule fixing the size of such a minority—for example, one fifth of those present, as in Congress, or some other portion of those present that is less than a majority. In the absence of such a special rule, a majority vote is required to order the taking of a vote by roll call—in which case a motion to do so is likely to be useless, since its purpose is to force the majority to go on record. In local societies having a large membership but relatively small attendance at meetings, a motion to take a vote by roll call is generally dilatory. It is in order, as one of the Motions Relating to Methods of Voting, however, to move “that a signed ballot be taken by tellers”; and if such a vote is ordered, the voter writes “yes” or “no” on the ballot and signs it. The votes can be recorded in the minutes just as a roll call would be, but the names of all members need not be called. A roll-call vote cannot be ordered in committee of the whole.
45:47 Procedure for roll-call vote. When a vote is to be taken by roll call (see 30 for the motion), the chair puts the question in a form like the following:
CHAIR: As many as are in favor of the adoption of the resolution will, as their names are called, answer aye [or “yes,” or “yea”]; those opposed will answer no [or “nay”]. The Secretary [or “the Clerk”] will call the roll.
45:48 The roll is called in alphabetical order except that the presiding officer’s name is called last, and only when his vote will affect the result. It is too late, after one person has answered to the roll call, to renew the debate. Each member, as his name is called, responds in the affirmative or negative as shown above. If he does not wish to vote, he answers present (or abstain). If he is not ready to vote, but wishes to be called on again after the roll has been completely called, he answers pass.
45:49 The secretary repeats each member’s name and answer aloud as it is given and notes the answers to the roll call in separate columns. A convenient method of noting the answers is to write the number 1 to the left of the name of the first member answering in the affirmative, the number 2 to the left of the second name in the affirmative, and so on. The negative answers are treated similarly in a column to the right of the names; and those answering present are tallied in a third column, to the far right or left. In this way, the last number in each column shows how the vote stands at any given point in the list.
45:50 At the conclusion of the roll call, the names of those who failed to answer can be called again, or the chair can ask if anyone entered the room after his or her name was called. Each of these members who then responds can be assigned the final number for his or her vote or abstention in the proper column, continuing from the last number previously in the column, although the member’s number will appear in a position out of sequence. Changes of vote are also permitted at this time, before the result is announced. When this happens, the number beside the member’s name is struck through, the total for that column is adjusted accordingly, and the next, final number in the proper column is entered. Changes of vote may be limited when some electronic equipment is used.
45:51 The secretary gives the final number of those voting on each side, and the number answering present, to the chair, who announces these figures and declares the result. The chair, at his or her discretion, may direct, or the assembly may order (see 30), a “recapitulation”—a procedure in which the secretary calls out the names, first, of the members who voted in the affirmative, second, of the members who voted in the negative, and third, of the members who answered present, with the chair calling for any necessary corrections to each category after the names in that category have been called.
45:52 In roll-call voting, a record of how each member voted, as well as the result of the vote, is entered in full in the journal or minutes. If those responding to the roll call do not total a sufficient number to constitute a quorum, the chair must direct the secretary to enter the names of enough members who are present but not voting to reflect the attendance of a quorum during the vote.
45:53 In large conventions, the roll is sometimes called of entire delegations rather than of the individual members. The secretary, in calling for the votes of a delegation, states the vote entitlement, as: “Local No. 145: 8 votes.” In such cases, the chairman or spokesman of each delegation, as it is called in alphabetical or numerical order, responds by giving its vote, as: “Local No. 145 votes 5 ‘for’ and 3 ‘against.’” The secretary repeats this for confirmation and calls the next delegation. If any member of the assembly doubts the chairman’s announcement of the delegation’s vote, he may demand a poll of the delegation, in which case each delegate’s name is called by the secretary, and the delegation votes individually. When all delegates have voted, the secretary announces the totals for the delegation, which are recorded.
45:54 The same rules concerning the custody and preservation of tally sheets and the authority of the voting body to order a recount that govern ballot votes (see 45:41) apply to a roll-call vote.
45:55 Electronic roll-call vote installation. Various forms of electronic devices have become available to take the place of a roll-call vote. Any deliberative body can use such a system with appropriate adjustments to conform as closely as possible with the rules given above for roll-call voting procedure. When used, there is usually a presumption of technical, mechanical accuracy of the electronic system if properly used by the members. Changes of votes after the result has been announced by the chair on the allegation of machine error are not entertained. On the same grounds, a recapitulation (see 45:51) is not permitted. Where electronic voting is used, it should be noted that, if it is impossible to erect a display board in the hall, members of the same delegation will not be able to ascertain how other members of the delegation vote. Also, steps must be taken to prevent members from being able to vote more than once by using a neighbor’s keypad, or a member lending his keypad to a friend so that the friend can vote for him in his absence by “proxy.”
45:56 Absentee Voting. It is a fundamental principle of parliamentary law that the right to vote is limited to the members of an organization who are actually present at the time the vote is taken in a regular or properly called meeting, although it should be noted that a member need not be present when the question is put. Exceptions to this rule must be expressly stated in the bylaws. Such possible exceptions include: (a) voting by postal mail, e-mail, or fax, and (b) proxy voting. An organization should never adopt a bylaw permitting a question to be decided by a voting procedure in which the votes of persons who attend a meeting are counted together with ballots mailed in by absentees. The votes of those present could be affected by debate, by amendments, and perhaps by the need for repeated balloting, while those absent would be unable to adjust their votes to reflect these factors. Consequently, the absentee ballots would in most cases be on a somewhat different question than that on which those present were voting, leading to confusion, unfairness, and inaccuracy in determining the result. If there is a possibility of any uncertainty about who will be entitled to vote, this should be spelled out unambiguously and strictly enforced to avoid unfairness in close votes.
45:57 A Vote by Mail. A vote by mail, when authorized in the bylaws, is generally reserved for important issues, such as an amendment to the bylaws or an election of officers—on which a full vote of the membership is desirable even though only a small fraction of the members normally attend meetings. Situations of this kind frequently occur in scientific societies or in alumni associations whose members may be in many countries.
45:58 For a vote by mail—so that there may be no question of the result in the event that the vote is close—it is important that the mailing list used exactly correspond to the current official roll of voting members. For this purpose, the secretary furnishes to the chairman of tellers or other official in charge of issuing the ballots a list of the names and mailing addresses of record of all persons entitled to vote, which the secretary certifies as corrected to the date as of which the ballots are issued. Each nominee may be allowed to furnish for enclosure with the ballots a brief factual statement of his service and qualifications, provided that all nominees are accorded equal opportunity and space.
45:59 If the vote is not to be secret, the following items should be sent to each qualified voter: (1) a printed ballot containing a space for the voter’s signature, to ensure against votes being cast by persons not entitled to vote, together with full instructions for marking and returning by the required date; and (2) a specially recognizable, self-addressed return envelope with the name and address of the secretary, the chairman of tellers, or other person designated to receive the marked ballot. E-mail and other means of electronic communication can be tailored to comply with these requirements.
45:60 If the vote is to be secret, an inner return envelope—with a space for the voter’s signature placed on its face instead of on the ballot—should be sent to the voter with the ballot, in addition to the self-addressed outer return envelope described above. The ballot sent to the voter should be prefolded a sufficient number of times so that—when returned marked and refolded in the same manner and sealed in the inner envelope—there will be no chance of accidental observance of the member’s vote by the teller who removes the ballot from the inner envelope. The person designated as addressee for the returned ballots holds them in the outer envelopes for delivery, unopened, at the meeting of the tellers where the votes are to be counted. At that meeting all inner envelopes are first removed from the outer envelopes. In the procedure by which the tellers remove the ballots from the inner envelopes, each envelope and ballot is handled in the following manner: (1) the signature on the envelope is checked against the list of qualified voters; (2) the voter is checked off on the list as having voted; and (3) the envelope is opened and the ballot is removed and placed, still folded, into a receptacle. When all inner envelopes have thus been processed, the ballots are taken from the receptacle and the votes are counted.
45:61 In order to ensure the accuracy and the secrecy of such a vote by mail, special care should be taken in all phases of handling the ballots. The chairman of tellers or other person responsible must be able to certify the results from both of these standpoints. Should the recipient of the ballots receive two evidently sent in by the same voter, the above procedure permits the voter to be contacted for a determination of which is the voter’s true vote and, if both are, which (the most recent) is to be counted. As with respect to nonsecret ballots, e-mail and other means of electronic communication may be able to be tailored to comply with the above requirements for secret mail balloting.
45:62 Preferential voting. The term preferential voting refers to any of a number of voting methods by which, on a single ballot when there are more than two possible choices, the second or less-preferred choices of voters can be taken into account if no candidate or proposition attains a majority. While it is more complicated than other methods of voting in common use and is not a substitute for the normal procedure of repeated balloting until a majority is obtained, preferential voting is especially useful and fair in an election by mail if it is impractical to take more than one ballot. In such cases it makes possible a more representative result than under a rule that a plurality shall elect. It can be used with respect to the election of officers only if expressly authorized in the bylaws.
45:63 Preferential voting has many variations. One method is described here by way of illustration. On the preferential ballot—for each office to be filled or multiple-choice question to be decided—the voter is asked to indicate the order in which he prefers all the candidates or propositions, placing the numeral 1 beside his first preference, the numeral 2 beside his second preference, and so on for every possible choice. In counting the votes for a given office or question, the ballots are arranged in piles according to the indicated first preferences—one pile for each candidate or proposition. The number of ballots in each pile is then recorded for the tellers’ report. These piles remain identified with the names of the same candidates or propositions throughout the counting procedure until all but one are eliminated as described below. If more than half of the ballots show one candidate or proposition indicated as first choice, that choice has a majority in the ordinary sense and the candidate is elected or the proposition is decided upon. But if there is no such majority, candidates or propositions are eliminated one by one, beginning with the least popular, until one prevails, as follows:
45:64 The ballots in the thinnest pile—that is, those containing the name designated as first choice by the fewest number of voters—are redistributed into the other piles according to the names marked as second choice on these ballots. The number of ballots in each remaining pile after this distribution is again recorded. If more than half of the ballots are now in one pile, that candidate or proposition is elected or decided upon. If not, the next least popular candidate or proposition is similarly eliminated, by taking the thinnest remaining pile and redistributing its ballots according to their second choices into the other piles, except that, if the name eliminated in the last distribution is indicated as second choice on a ballot, that ballot is placed according to its third choice. Again the number of ballots in each existing pile is recorded, and, if necessary, the process is repeated—by redistributing each time the ballots in the thinnest remaining pile, according to the marked second choice or most-preferred choice among those not yet eliminated—until one pile contains more than half of the ballots, the result being thereby determined.
45:65 The tellers’ report consists of a table listing all candidates or propositions, with the number of ballots that were in each pile after each successive distribution.
45:66 If a ballot having one or more names not marked with any numeral comes up for placement at any stage of the counting and all of its marked names have been eliminated, it is not placed in any pile, but instead is set aside. If at any point two or more candidates or propositions are tied for the least popular position, the ballots in their piles are redistributed in a single step, all of the tied names being treated as eliminated. In the event of a tie in the winning position—which would imply that the elimination process is continued until the ballots are reduced to two or more equal piles—the election is resolved in favor of the candidate or proposition that was strongest in terms of first choices (by referring to the record of the first distribution).
45:67 If more than one person is to be elected to the same type of office—for example, if three members of a board are to be chosen—the voters can indicate their order of preference among the names in a single list of candidates, just as if only one was to be elected. The counting procedure is the same as described above, except that it is continued until all but the necessary number of candidates have been eliminated (that is, in the example, all but three).
45:68 When this or any other system of preferential voting is to be used, the voting and counting procedure must be precisely established in advance and should be prescribed in detail. The members must be thoroughly instructed as to how to mark the ballot, and should have sufficient understanding of the counting process to enable them to have confidence in the method. Sometimes, for instance, voters decline to indicate a second or other choice, mistakenly believing that such a course increases the chances of their first choice. In fact, it may prevent any candidate from receiving a majority and require the voting to be repeated. The persons selected as tellers must perform their work with particular care.
45:69 The system of preferential voting just described should not be used in cases where it is possible to follow the normal procedure of repeated balloting until one candidate or proposition attains a majority. Although this type of preferential ballot is preferable to an election by plurality, it affords less freedom of choice than repeated balloting, because it denies voters the opportunity of basing their second or lesser choices on the results of earlier ballots, and because the candidate or proposition in last place is automatically eliminated and may thus be prevented from becoming a compromise choice.
45:70 Proxy Voting. A proxy is a power of attorney given by one person to another to vote in his stead; the term also designates the person who holds the power of attorney. Proxy voting is not permitted in ordinary deliberative assemblies unless the laws of the state in which the society is incorporated require it, or the charter or bylaws of the organization provide for it. Ordinarily it should neither be allowed nor required, because proxy voting is incompatible with the essential characteristics of a deliberative assembly in which membership is individual, personal, and nontransferable. In a stock corporation, on the other hand, where the ownership is transferable, the voice and vote of the member also is transferable, by use of a proxy. But in a nonstock corporation, where membership is usually on the same basis as in an unincorporated, voluntary association, voting by proxy should not be permitted unless the state’s corporation law—as applying to nonstock corporations—absolutely requires it.
45:71 If the law under which an organization is incorporated allows proxy voting to be prohibited by a provision of the bylaws, the adoption of this book as parliamentary authority by prescription in the bylaws should be treated as sufficient provision to accomplish that result (cf. 56:49n1).
45:72 Straw Polls Not in Order. A motion to take an informal straw poll to “test the water” is not in order because it neither adopts nor rejects a measure and hence is meaningless and dilatory. If the assembly wishes to discuss and take a vote on a matter without the vote constituting final action by the assembly, it may instead vote to go into a committee of the whole or a quasi committee of the whole (52). Under these procedures, the assembly considers the matter as would a committee, and its vote while in committee of the whole (or quasi committee of the whole) serves only as a recommendation to the assembly, which the assembly is free to reject just as would be the case with regard to the report of any ordinary committee.
Footnotes to Chapter XIII
1. In the case of a body having a fixed membership—for example, a permanent board—it is also possible to define a voting requirement as a majority of the fixed membership, which is greater than a majority of the entire membership if there are vacancies on the board. Thus, in a board whose membership is fixed at 12, if 2 members have died and their successors have not been named, a majority of the entire membership is 6, and a majority of the fixed membership is 7. Where a majority of the fixed membership is required for a decision, the body cannot act if half or more of the membership positions are vacant.
2. It should be noted that if, without the chair’s vote, the number of negative votes is one more than half the number of affirmative votes, the chair’s vote cannot affect the result. Thus, if there are 60 in the affirmative and 31 in the negative without the chair’s vote, and he were to vote in the affirmative, the resulting 61 in the affirmative would still fall short of two thirds of the total vote of 92.
3. In some organizations—particularly secret societies—the use of black and white balls, deposited in a box out of sight of all but the voter, with a white ball signifying a yes vote and a black one a no vote, may be directed as a method of balloting. This method is used principally on voting on the admission of candidates to membership where one or very few negative votes are to be sufficient to cause a candidate’s rejection. This custom, however, is apparently declining.