CHAPTER

8

VOTING

CHAPTER CONTENTS

A. What Vote Is Required

1. Majority Vote

2. Two-Thirds Vote

3. Majority of the Entire Membership

B. “Unanimous Consent” Instead of a Vote

C. Members’ Right to Vote

D. Chair’s Participation in Voting

E. More Methods of Voting

1. Standing Vote

2. Show of Hands

3. Counted Vote

4. Ballot Vote

5. Other Methods of Voting

A. WHAT VOTE IS REQUIRED

1. Majority Vote

A majority vote is normally required to adopt a motion or to elect to office.1 It is defined as “more than half of the votes cast by persons entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting.” [RONR (12th ed.) 44:1; see also q. 4 on p. 115 and q. 6 on p. 116 of this book.]

There may be fewer votes cast than the number of members present, since some may choose not to vote—resulting in “abstentions.” Only a majority of those actually voting is required. If, for example, there are 10 members present at a meeting, and 4 vote in favor of a motion, while 3 vote against it, the 4 votes in favor are a majority of the 7 votes cast, and the motion is therefore adopted.

A majority vote is different from a plurality vote, which is the largest number of votes (which may be less than a majority) when there are three or more alternatives. If Fernandez gets 45 votes, Brubeck gets 40 votes, and Roscoe gets 15 votes, Fernandez has a plurality (more votes than anyone else), but has fallen short of a majority of the 100 votes cast, which would require more than 50 votes.

You are probably familiar with plurality votes (even if not by that name), since in the United States they are used for elections to Congress and usually for other legislative and executive offices. This means that when there are more than two candidates, it is possible for someone to be elected although getting less than a majority of the votes.

Under RONR, however, plurality votes are not sufficient; decisions require a majority vote. Therefore, in an election in which no candidate gets a majority, the vote must be repeated until one does get a majority. No candidate is dropped in the revotes (unless he or she chooses to withdraw). The candidate with the lowest number in the first vote may turn out to be a “dark horse” on whom all factions may ultimately prefer to agree. [RONR (12th ed.) 44:11, 46:32.]

Regardless of whether the vote required is a majority vote or something else (such as a two-thirds vote as defined in the next paragraph), substantive actions can be validly taken only when a quorum is present, as previously stated on pages 12–13.

2. Two-Thirds Vote

A two-thirds vote is required in particular circumstances, most notably to suspend the rules (see Chapter 11) or to close, limit, or extend the limits of debate (see Chapter 4). It is defined as “at least two thirds of the votes cast by persons entitled to vote, excluding blanks or abstentions, at a regular or properly called meeting.” [RONR (12th ed.) 44:3; see also q. 5 on p. 115 of this book.]

3. Majority of the Entire Membership

In some cases—such as when adopting a motion to Rescind or one to Amend Something Previously Adopted (covered in the previous chapter)—a vote of a majority of the entire membership is an allowable alternative. It is defined as “a majority of the total number of those who are members of the voting body at the time of the vote.” [RONR (12th ed.) 44:9(b).]

The phrase “entire membership” means all members of the voting body, whether they are present at the meeting or not. In an organization which has both a general membership and a board, at a board meeting this means a majority of the entire membership of the board, not of the whole organization.

B. “UNANIMOUS CONSENT” INSTEAD OF A VOTE

As you probably noticed when reading Chapter 3, the complete process involved in the handling of a motion, from making the motion through announcement of the voting result, can be time-consuming. It would quickly become a nuisance if it were always necessary to go through the entire process for routine matters, particularly in instances when there seems to be no opposition. In such cases, a procedure known as unanimous consent can be used.

Unanimous consent enables a motion to be adopted or some action to be taken without the necessity of having the chair state the question on a motion and put the motion to a vote. It even permits taking action without the formality of a motion being made at all. The chair simply asks the assembly if there is any objection to taking the desired action, and if no member then objects, the chair declares that the action has been agreed to.

For example, suppose that a speaker whose time has expired in debate on a motion asks for two additional minutes. Instead of treating this as a formal motion for an extension of time (as discussed on pages 93–94), the chair may simply ask, “Is there any objection to the member’s time being extended two minutes?” The chair then pauses, and if no member calls out “I object,” says something like, “The chair hears no objection, and the member’s time is extended two minutes.” It’s as simple as that. However, if any member does call out an objection in response to the chair’s question, the chair must then state the question on the motion and follow the rest of the complete, formal process for the handling of a motion.

A still more streamlined procedure, if the chair feels there is little chance of objection, is for him or her merely to say, “Without objection, the member’s time is extended two minutes,” and then proceed unless a member interrupts with an objection, which any member has the right to do. [RONR (12th ed.) 4:58–63.]

C. MEMBERS’ RIGHT TO VOTE

Any member whose right to vote has not been suspended as the result of a formal disciplinary process has the right to vote, even if his or her dues have not been paid. You should not vote on a question in which you have a direct personal or pecuniary (monetary) interest not common to other members. However, you cannot be compelled to abstain because of such a conflict of interest. [RONR (12th ed.) 45:1, 45:4.]

D. CHAIR’S PARTICIPATION IN VOTING

The presiding officer should make every effort to maintain an appearance of impartiality so that members on both sides of any issue can feel confident that they will receive fair treatment.2

To this end, the chair does not participate in debate on any issue unless he or she gives up the chair until the issue is disposed of (which should seldom be done). In addition, the chair votes only when either:

a) the vote is by ballot, in which case the chair votes along with and at the same time as all other members, or

b) the chair’s vote will change the result of the vote.

If a motion requires a majority vote, it fails when there is a tie vote. Therefore, if there is a tie before the chair votes, the chair may announce that he or she is voting in the affirmative, causing the motion to be adopted.

If, following a vote, the affirmative exceeds the negative by only one vote, the chair may announce that he or she is voting in the negative, causing the motion to fail by creating a tie.

If the vote is on a motion that requires a two-thirds vote, the same rule applies. The rule is that the chair may vote if, by doing so, the outcome of the vote will change, either from adoption to rejection or from rejection to adoption.3 So, if there is one less than two thirds in the affirmative, the chair might vote in the affirmative, so that the motion passes. On the other hand, if there are exactly two thirds in the affirmative, the chair might vote in the negative, so that there are then less than two thirds in the affirmative, and the motion fails. [RONR (12th ed.) 44:12–13.]

E. MORE METHODS OF VOTING

Voting by voice, the most common method of voting, was described in Chapter 3. In addition, there are a few other methods that are frequently used.

1. Standing Vote

An uncounted standing vote is used in three cases.

1) Whenever a two-thirds vote, instead of a majority vote, is required to pass a motion, the chair should take a standing vote—never a voice vote.

2) Whenever the chair is not sure of the result of a voice vote, he or she should order a standing vote.

3) When you, as a member, reasonably doubt the result of a vote by voice or by show of hands, you have the right to demand that the vote be retaken as a standing vote simply by calling out, “Division!” As with seconding a motion, this may be done from your seat, without first obtaining the floor. The chair then says, “A division is called for” and proceeds to give directions for a standing vote.

To direct a division or standing vote, the chair says, “Those in favor of the motion will rise. [Pause.] Be seated. Those opposed will rise. [Pause.] Be seated.”

Without actually counting, the chair judges whether more stood in the affirmative or the negative, and announces the result of the vote: for example, “The affirmative has it, and the motion is adopted.”

OR: “The negative has it and the motion is lost.” [RONR (12th ed.) 4:38, 4:49(b), 29:1–8.]

2. Show of Hands

In a small group a show of hands may be used instead of a voice or standing vote. The chair says, “The question is on the adoption of the motion to [repeating the exact words of the motion]. Those in favor of the motion will raise the right hand. [Pause.] Lower hands. Those opposed will raise the right hand. [Pause.] Lower hands.” Without actually counting, the chair judges whether more hands were raised in the affirmative or the negative. The chair then announces the result of the vote, in the same way as after a standing vote. [RONR (12th ed.) 4:40, 4:49(b), 45:11(3).]

3. Counted Vote

The methods of voting described so far rely on the chair’s judging, without actually counting, whether there are more in favor or opposed to a motion (or, in some cases, whether at least two thirds favor it). If the chair is unsure of the results, he or she may retake the vote as a standing counted vote. (Sometimes, in a small group, there can be a counted show of hands instead.) If the chair expects a vote to be close or the result to be challenged, he or she may choose to take a counted vote to begin with.

The group as a whole may direct that a vote be counted. A motion for a counted rising vote may be made while the motion on which that vote is sought is before the group. It may even be made immediately after a voice or uncounted rising vote has been taken, before any debate or business has intervened. After obtaining recognition, you say, “I move that the vote be counted.” [RONR (12th ed.) 45:14.]

When a vote is to be counted, the chair says, “Those in favor of the motion will rise and remain standing until counted. [Pause for count.] Be seated. Those opposed will rise and remain standing until counted. [Pause for count.] Be seated.” Depending on the size of the group, the counting may be done by the chair, with or without the chair directing the secretary to take an independent count for verification, or by tellers appointed by the chair. [RONR (12th ed.) 4:39, 45:15.]

The chair then announces, for example, “There are 32 in the affirmative and 30 in the negative. The affirmative has it and the motion is adopted.”

OR: “There are 30 in the affirmative and 32 in the negative. The negative has it and the motion is lost.” [RONR (12th ed.) 4:49(d–g).]

4. Ballot Vote

Ballots are typically used in elections and may also be used for other important decisions when there is a desire to keep secret how each member votes. A motion may be made to conduct a ballot vote. You may say, “I move that the vote be taken by ballot.”

When a vote is to be by ballot, the presiding officer appoints tellers (including a “Chairman of Tellers”) to hand out, collect, and count the ballots. Tellers are frequently chosen to represent all sides of the issue at stake in the vote to be counted, and may vote themselves, as can the chair.

Before the tellers distribute the ballots, the chair instructs the voters how to fold their ballots once they have marked them. In collecting the ballots, the tellers have the responsibility of ensuring that no member votes more than once.

When it appears that everyone has voted, the chair says, “Have all voted who wish to do so?” If there is no response, he or she continues, “Since no one else wishes to vote, [pause] the polls are closed.” The tellers then count the ballots, usually in another room. The group often goes on to other business while awaiting the tellers’ report.

The rules for counting ballots are described in detail in RONR (12th ed.) 45:31–36.

After counting, the tellers prepare a written report, in the form below.

The Chairman of Tellers seeks recognition, and when recognized, reads the report. The presiding officer then repeats the Tellers’ Report (which is entered into the minutes) and officially announces who or what has won. If there is no majority in an election (as may be more likely when there are three or more candidates), another ballot is taken. Individuals are never removed from candidacy on the next ballot unless they voluntarily withdraw. [RONR (12th ed.) 45:37–41, 46:31–36.]

5. Other Methods of Voting

Other methods of voting, such as roll-call and mail votes, are described in RONR (12th ed.) 45:42–72.

Footnotes to Chapter 8

1. Table D on pages 210–11 of this book lists the vote required for common motions. A more comprehensive list is found in Table II of RONR (12th ed.), pages t6–t33.

2. The rules restricting the chair’s participation in voting and debate do not apply in meetings of committees or small boards. See pp. 161, 165 of this book.

3. The wording used by the chair in these cases is given in Table A, on page 206 of this book.