MindBenders - Parliamentary Procedure

Mind Benders and Brain Teasers:

This is where we will post questions and situations that will test your knowledge of parliamentary procedure. If you have a parliamentary Mind Bender or Brain Teaser that you would like to share, send it to mindbenders@parlipro.org and we will print the best ones here. Unless otherwise noted, the parliamentary authority is Robert's Rules of Order Newly Revised (RONR), 10th edition. The informal parliamentary opinions expressed here follow general principles of parliamentary law and Robert's Rules of Order Newly Revised (RONR), 10th edition, and are based solely on the brief summary of facts presented, without the benefit of having reviewed the bylaws and other governing documents. An association's own bylaws, covenants, Articles of Incorporation, Special Rules of Order, and local or state laws will supersede what RONR says. A significant difference in facts could result in different conclusions being reached. If there is much at stake, readers are encouraged to seek a formal written parliamentary opinion from a Professional Registered Parliamentarian, which includes a thorough review of the organization's bylaws and governing documents. Nothing here should be construed as an interpretation of statutory law.

Answer to Mind Bender for August 2005:

All references are to RONR 10th ed

Question: What is the procedure for resolving a tie, in an election by ballot vote, for president of an organization, when the chairman has voted?

Answer: The chairman only gets one vote. Refer to RONR p. 393:
"The chair cannot vote twice, once as a member, then again in his capacity as presiding officer."

The procedure in the case of a tie election is to vote again... and again... and again until a candidate receives a majority vote. Perhaps someone will eventually change their mind. If not, then nominations could be reopened from the floor and a compromise candidate nominated who might be acceptable to the two sides. If the election is not decided by another vote at that meeting, then the election is considered incomplete. Before the meeting adjourns, an "adjourned meeting" should be established to another time and place in order to complete the election. Perhaps at the adjourned meeting, the votes will not be so evenly divided. If an adjourned meeting is not practical, then the election should be completed at the next regular meeting.

In the meantime, if your bylaws provide that the President shall serve "...until a successor is elected", then the previously elected President continues in office until the election of a new President can be completed. Otherwise, the newly elected Vice-President would temporarily fill in for the President until the election is completed.

The way an adjourned meeting is established (by majority vote) is for a member to say something like this, to Fix the Time to Which to Adjourn, "I move that when this meeting adjourns, that it meet again next Wednesday at 7:00 p.m. at the same location." Then a motion can be made to adjourn the meeting. No additional notice is required for the adjourned meeting, and business at the adjourned meeting is resumed at the place where it left off at the previous meeting. The second meeting is considered to be a continuation of the first meeting, and both together are considered to be a single "session".