roberts rules what if no one wants to be president

Art. VIII. Vote.

46. Voting

47. Votes that are Cipher and Void fifty-fifty if Unanimous

48. Motions requiring more than a bulk

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46. Voting. If the question is undebatable, or debate has been closed past club of the associates, the chair, immediately later stating the question, puts it to vote as described under Putting the Question [9], just assuasive time for members to rise if they wish to make a motion of higher rank.

If the question is debatable and no one rises to merits the floor, after the question is stated by the chair, he should inquire, "Are you lot prepare for the question?" After a moment'due south pause, if no one rises, he should put the question to vote. If the question is debated or motions are made, the chair should look until the fence has apparently ceased, when he should again enquire, "Are you gear up for the question?" Having given ample time for whatever one to ascent and claim the floor, and no one having done so, he should put the question to vote and announce the result.

The usual method of taking a vote is viva voce (by the voice). The rules require this method to be used in Congress. In small assemblies the vote is often taken past "show of hands," or by "raising the right hand" equally it is also called. The other methods of voting are by rise; past ballot; by roll phone call, or "yeas and nays," as it is also called; by general consent; and past mail. In voting by whatsoever of the first iii methods, the affirmative reply aye, or enhance the correct hand, or ascent, every bit the case may be: and so the negative answer no, or raise the right hand, or rise.

The responsibleness of announcing, or declaring, the vote rests upon the chair, and he, therefore, has the correct to have the vote taken again, past rising, if he is in uncertainty as to the event, and even to have the vote counted, if necessary. He cannot have the vote taken by ballot or by yeas and nays (coil phone call) unless it is required by the rules or past a vote of the assembly. Just if the viva voce vote does not brand him positive as to the result he may at once say, "Those in favor of the motion will rise;" and when they are seated he will go on, "Those opposed will rise." If this does non enable him to determine the vote, he should say, "Those in favor of the motility [or, Those in the affirmative] will rise and stand until counted." He so counts those standing, or directs the secretary to do and so, and then says, "Be seated. Those opposed [or, Those in the negative] rise and stand up until counted." After both sides are counted the chair announces the result as shown below. In a very big associates the chair may find it necessary to engage tellers to count the vote and report to him the numbers. In small assemblies a show of hands may be substituted for a ascent vote.

When the vote is taken by voice or evidence of easily any member has a right to require a sectionalisation of the assembly [25] past having the affirmative ascension and then the negative, and then that all may come across how members vote. Either before or later a decision whatsoever member may call for, or need, a count, and, if seconded, the chair must put the question on ordering a count. In organizations where it is desired to let less than a bulk vote to order a count or tellers, a special rule should be adopted specifying the necessary vote. Where no dominion has been adopted a majority vote is required to guild a count, or that the vote be taken by election or by yeas and nays (roll call).

Announcing the Vote. When the vote has been taken then that the chair has no dubiousness as to the result, and no partitioning is called for, or, if and so, the assembly has divided, the chair proceeds to announce, or declare the vote thus: "The ayes have it and the resolution is adopted." If he is not very positive, he may say, "The ayes seem to accept it," and, if no i says he doubts the vote or calls for a division, afterward a slight intermission he adds, "The ayes take it," etc. If the vote was by testify of hands or past ascension, information technology would exist announced thus: "The affirmative has it (or, the motion is carried) and the question is laid on the table;" or if there was a count, the vote would be announced thus: "There are 95 votes in the affirmative, and 99 in the negative, and then the amendment is lost, and the question is now on the resolution; are you lot ready for the question?" In announcing a vote the chair should country starting time whether the move is carried or lost; second, what is the consequence, or upshot, of the vote; and third, what is the immediately pending question or business concern, if at that place is any. If there is none, he should inquire, "What is the farther pleasure of the assembly?" One of the most prolific causes of confusion in deliberative assemblies is the neglect of the chair to keep the assembly well informed as to what is the pending business concern. The habit of announcing the vote by simply proverb that the "move is carried" and then sitting down, cannot be as well strongly condemned. Many members may not know what is the outcome of the vote, and it is the chair's duty to inform the assembly what is the result of the motion's beingness carried or lost, and what business comes next earlier the associates.

When a quorum [64] is present, a majority vote, that is a majority of the votes cast, ignoring blanks, is sufficient for the adoption of any motion that is in social club, except those mentioned in 48, which require a two-thirds vote. A plurality never adopts a motion nor elects any one to office, unless by virtue of a special dominion previously adopted. On a tie vote the motion is lost, and the chair, if a fellow member of the associates, may vote to make it a necktie unless the vote is by ballot. The chair cannot, however, vote twice, showtime to make a tie then requite the casting vote. In case of an appeal [21], though the question is, "Shall the conclusion of the chair stand equally the judgment of the assembly?" a tie vote, fifty-fifty though his vote made it a tie, sustains the chair, upon the principle that the decision of the chair can be reversed only by a bulk, including the chair if a fellow member of the associates.

It is a full general rule that no i can vote on a question in which he has a directly personal or pecuniary involvement. Even so this does not prevent a member from voting for himself for whatsoever function or other position, as voting for a delegate or for a member of a committee; nor from voting when other members are included with him in the motion, even though he has a personal or pecuniary interest in the result, every bit voting on charges preferred confronting more than one person at a time, or on a resolution to increment the salaries of all the members. If a member could in no case vote on a question affecting himself, it would exist incommunicable for a society to vote to concord a banquet, or for a legislature to vote salaries to members, or for the majority to prevent a small minority from preferring charges against them and suspending or expelling them. By just including the names of all the members, except those of their own faction, in a resolution preferring charges confronting them, the minority could get all the power in their own hands, were it not for the fact that in such a example all the members are entitled to vote regardless of their personal involvement. A sense of delicacy usually prevents a member from exercising this right of voting in matters affecting himself except where his vote might affect the upshot. Afterward charges are preferred confronting a fellow member, and the associates has ordered him to appear for trial, he is theoretically under abort, and is deprived of all rights of membership and therefore cannot vote until his case is disposed of.

A fellow member has the right to modify his vote up to the time the vote is finally announced. Afterward that, he tin make the modify just past permission of the assembly, which may be given past general consent; that is, by no fellow member's objecting when the chair inquires if any ane objects. If objection is fabricated, a motion may be made to grant the permission, which movement is undebatable.

While it is the duty of every fellow member who has an stance on the question to express it by his vote, withal he cannot be compelled to exercise so. He may prefer to abjure from voting, though he knows the issue is the same as if he voted on the prevailing side.

Voting by Election. The main object of this form of voting is secrecy, and it is resorted to when the question is of such a nature that some members might hesitate to vote publicly their true sentiments. Its special apply is in the reception of members, elections, and trials of members and officers, equally well every bit in the preliminary steps in both cases, and the by-laws should require the vote to exist past ballot in such cases. Where the by-laws do not crave the vote to be by ballot, information technology can be so ordered by a majority vote, or by general consent. Such motions are undebatable. Voting by ballot is rarely, if e'er, used in legislative bodies, simply in ordinary societies, especially hush-hush ones, it is habitually used in connexion with elections and trials, and sometimes for the selection of the side by side place for the meeting of a convention. As the usual object of the ballot is secrecy, where the by-laws crave the vote to be taken by ballot any motion is out of order which members cannot oppose without exposing their views on the question to be decided by ballot. Thus, information technology is out of club to motion that ane person bandage the election of the assembly for a certain person when the by-laws require the vote to be past election. Then, when the ballot is not unanimous it is out of order to move to brand the vote unanimous, unless the motion is voted on by election so equally to allow members to vote against it in secrecy.

In some cases black balls and white ones and a election box are provided for voting, where the question tin can be answered yes or no. The white ball answers yes, and the black one no. Just in ordinary deliberative assemblies the ballots are strips of paper upon which are printed, or written, yes or no, or the names of the candidates, as the case may be. These ballots are first distributed and are after collected by tellers, either by being dropped into a hat or box by the members, who remain in their seats, or by the members coming to the election box and handing their folded ballot to a teller, who deposits information technology in the ballot box. In the latter instance it is necessary for the tellers to meet that no fellow member votes twice, which in large societies can be best done by checking off the names from a list of members equally the ballots are deposited. The ballots should commonly exist folded and so that if more than 1 is voted by the same person the tellers will notice information technology in unfolding the ballot. In satisfying themselves that only one ballot is voted, the vote may be exposed if the ballot is non folded.

When every one appears to have voted, the chair inquires, "Have all voted who wish to?" and if there is no response he says, "The polls are airtight," whereupon the tellers proceed to count the ballots. If in unfolding the ballots it is establish that ii have been folded together, both are rejected equally fraudulent. A blank slice of newspaper is not counted as a election and would not cause the rejection of the ballot with which it was folded. All blanks are ignored equally simply waste paper, and are non reported, the members who do not wish to vote adopting this method of concealing the fact. Small technical errors, similar the misspelling of a word, should not exist noticed if the pregnant of the ballot is articulate. For example, if at the trial of a member a ballot was written "guilty," every ane knows what was intended. In all cases where the name on the election sounds like the proper noun of 1 of the candidates information technology should be so credited. If a ballot is written "Johnson," or "Johnston," or "Johnstone," it should exist credited to the candidate whose proper name is 1 of these: only if there are two candidates with these names and no eligible fellow member with the proper noun on the ballot, it must be rejected as illegal, or reported to the chair, who volition at in one case submit the question to the assembly as to whom the ballot should be credited. If these doubtful ballots volition not affect the result, the tellers may make their full report without asking for instructions in regard to them, placing these doubtful votes opposite the exact name every bit written on the ballot. Votes for ineligible persons and fraudulent votes should be reported nether the heading of "Illegal Votes," after the legal votes. When two or three filled-out ballots are folded together they are counted every bit one fraudulent vote. The names of the candidates should be arranged in society, the i receiving the highest number of legal votes being get-go. In reporting the number of votes cast and the number necessary for election, all votes except blanks must be counted. Suppose the tellers find 100 ballot papers, 4 of which are bare. 1 contains two filled-out ones folded together, and l are cast for a person who is ineligible because of having held the office equally long every bit permitted by the constitution: the tellers' written report should be in this form:

Number of votes cast...................... 96

Necessary for election.................... 49

Mr. A received............................ 37

Mr. B received............................. 8

Illegal Votes .

Mr. C (ineligible) received............... fifty

One ballot containing two for Mr. D, folded

together, rejected as fraudulent........ 1

The teller first named, standing, addresses the chair, reads the report and hands it to the chairman, and takes his seat, without saying who is elected. The chairman again reads the report of the tellers and declares who is elected. In the case just given he says there is no ballot, stating the reason. If no one is elected, information technology is necessary to ballot again, and to go on balloting until there is an election. The chairman should always vote in case of a ballot Should he fail to practise so before the polls are closed. he cannot so do it without the permission of the assembly. When the tellers written report, they should hand the ballots to the secretarial assistant, who should retain them until information technology is sure that the associates will not society a recount which is within its power to do past a majority vote.

Yeas and Nays,¹ or Roll Call. When a vote has been ordered to exist taken past yeas and nays [see 25 for the motion] the chair puts the question in a form similar to this: "Equally many as are in favor of the adoption of these resolutions volition, as their names are called, respond yes [or yea]; those opposed volition answer no [or nay]." The chairman then directs the clerk to call the scroll. The negative being put at the aforementioned fourth dimension as the affirmative, it is likewise late, after one person has answered to the roll call, to renew the debate. The clerk calls the whorl, and each member, every bit his name is called, rises and answers "yeah" or "no," or "present" if he does non wish to vote, and the clerk notes the answers in separate columns. Upon the completion of the curlicue call the clerk reads the names of those who answered in the affirmative, and afterwards those in the negative, and and so those who answered "present," that mistakes may exist corrected; he then gives the number voting on each side to the chairman, who announces the outcome. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative, and those who answered "present." A convenient method of noting the answers at the coil call is to write the figure i on the left of the name of the starting time member answering in the affirmative, the effigy 2 to the left of the second name in the affirmative, and so on. The negative answers are treated similarly, beingness entered on the correct of the names, and those answering "nowadays" should be entered similarly in a third column. In this way the last figures on each side at whatever time show how the vote stands at that time. The yeas and nays cannot be ordered in committee of the whole.

General Consent. Business tin be expedited profoundly by avoiding the formality of motions and voting in routine business organization and on questions of little importance, the chair assuming general (unanimous) consent until some ane objects. Information technology does not necessarily mean that every member is in favor of the motion, merely, that knowing it is useless to oppose it, or even to discuss it, the opposition merely acquiesces in the informality. Thus, in the case of approving the minutes, the chair inquires if there are any corrections, and, if one is suggested, it is made: when no correction [or no further correction] is suggested, the chair says: "There existence no corrections [or no further corrections] the minutes stand up approved." While routine and minor matters can exist quickly disposed of in this way, if at any time objection is made with reasonable promptness, the chair ignores what has been done in that case fifty-fifty if he has announced the outcome, and requires a regular vote. [See too 48.]

Absentee Voting. In a strictly deliberative assembly no fellow member can vote who is not present when the question is completely put. Merely in many societies the membership is scattered all over a state, or even still wider, and it has been found expedient to provide a method of voting that will enable all the members to vote upon certain matters, as upon amendments to constitutions, by-laws, and in elections of officers. This provision, when it is accounted appropriate to adopt it, should be placed in the constitution or by-laws, every bit otherwise, unless the lease or land laws authorize absentee voting, no member can vote except in person At that place are two forms of absentee voting -- past mail, and proxy voting.

Voting by Mail is used for election of officers, and for amendments to the constitution or by-laws, and for such other important matters as the society may order to be voted on in this mode. If an amendment to the past-laws is to be voted on by mail, a printed copy of the proposed amendment is mailed to every member with the words "yes" and "no" printed underneath, or on a separate slip, with directions to cantankerous out one of them, and return in the enclosed envelope, upon which should be printed the words, "Election for Subpoena to Constitution." This envelope should normally take the signature of the voter on it, and be sealed and enclosed in another one addressed to the secretarial assistant, or to the chairman of the tellers, so that the inner envelope volition not be opened except past the tellers when the votes are counted. If information technology is desired to present the arguments pro and con, the society can allow the leaders on the two sides to prepare brief statements to be printed and mailed with the proposed amendment to every member. Instead of having the voter's signature on the inner envelope, it may be placed on the ballot, but a identify for the signature should be indicated, so that there may be some ways of protection confronting votes existence cast by other than legal voters. Voting by postal service cannot exist a undercover ballot, as it is necessary for the tellers to know by whom each vote is cast. By some such method every bit the to a higher place it is practicable to requite all the members, however scattered they may be, an opportunity to vote on questions of great importance.

Proxy Voting. A proxy is a power of attorney given by one person to another to vote in his stead and it is likewise used to designate the person who holds the power of attorney. Information technology is unknown to a strictly deliberative assembly, and is in disharmonize with the idea of the equality of members, which is a cardinal principle of deliberative assemblies. At that place can be but little use for debate where one member has more votes than another, perhaps more than all the others combined. If the proxy voting is limited to the election of a lath of directors, as it is practically in stock corporations, and if, also, the proxies must be given to members of the corporation in all cases where it requires an election to become a fellow member -- with these ii limitations proxy voting would be useful and do no harm. In stock companies the members meet only annually to elect directors, who elect the officers and transact the concern of the corporation. Though the directors are elected largely by proxies, their ain meetings, where all the business concern is done, are as secret every bit they cull to make them, no proxies beingness allowed in them, and therefore proxy voting does not interfere with their business. Equally any one tin dispose of his stock to whatsoever i else, there is no objection to his appointing whatever one as his proxy. But the instance is very unlike with many incorporated societies of a social, benevolent, or religious grapheme, whose business concern meetings are sometimes hush-hush. Their membership cannot be transferred by the members like stock, and therefore they should non exist immune to appoint any proxies who are not members of the organization. The state law is above the by-laws of the club, and if the state police empowers members of all corporations to appoint proxies to vote at all business organization meetings, no by-laws of an incorporated secret gild could prevent non-members holding proxies from attending and voting at all business concern meetings of the society. This should not exist the case. With stock corporations it does no harm, considering all the business concern is done by directors, and no proxies are allowed in their meetings, and no one can be nowadays without their consent. But in many societies of the kind mentioned the business organisation is transacted in meetings attended by none only members, and unlimited proxies would exist a serious interference with their piece of work. If the country law requires proxy voting in all corporations, it should exist limited to the election of officers, including directors, and also the proxies should be required to be held by members of the corporation in all organizations whose primary object is not pecuniary profit.

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one. Taking a vote by yeas and nays, which has the effect to identify on the tape how each member votes, is peculiar to this country, and, while information technology consumes a peachy deal of time, is rarely useful in ordinary societies. While it can never exist used to hinder business concern, equally long as the above rule is observed, it should not be used at all in a mass meeting, or in whatsoever other assembly whose members are non responsible to a constituency. By the Constitution, one-fifth of the members present can, in either business firm of Congress, order a vote to be taken by yeas and nays. In representative bodies this method of voting is very useful, particularly where the proceedings are published, equally it enables the people to know how their representatives voted on important measures. If at that place is no legal or constitutional provision for the yeas and nays being ordered by a minority in a representative body they should prefer a dominion assuasive the yeas and nays to be ordered past a one-fifth vote, as in Congress, or even by a much smaller number. In some modest bodies a vote on a resolution must be taken past yeas and nays upon the demand of a single member.

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47. Votes that are Null and Void even if Unanimous. No motion is in gild that conflicts with the laws of the nation, or country, or with the assembly's constitution or by-laws, and if such a motion is adopted, even past a unanimous vote, it is null and void. No rule that conflicts with a rule of a higher order is of any authority; thus, a past-police force providing for the suspension by full general consent of an article of the constitution would be zip and void; then, the full general parliamentary rule allowing a two-thirds vote to better the by-laws after due observe, is but in force when the by-laws are silent on the discipline. Rules that protect absentees cannot be suspended informally by full general consent, or formally past a unanimous vote, as the absentees have not given their consent. For instance, a rule requiring the giving of a specified notice of certain motions, as an subpoena of the by-laws, cannot be suspended past general consent or by a unanimous vote. When a vote is required to be taken past ballot, the object is to enable members to conceal their votes, and whatsoever move that defeats this object is out of society. Thus, when the rules require the vote to exist by ballot, as is usual in elections to office or membership, this dominion cannot be suspended even by general consent, because no one can object without exposing his vote, which he cannot exist compelled to exercise. When the election must be by ballot, a motion to have the ballot cast past one person is out of order. And so, when the rules require the vote to be by ballot, a motion to make unanimous a vote that was not unanimous, must exist voted on by election, as otherwise the vote would not be underground.

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48. Motions requiring more than than a Majority Vote. Majority Vote. Whatever legitimate motion not included among those mentioned below every bit requiring more than a majority vote, requires for its adoption only a majority; that is, more than than half of the votes bandage, ignoring blanks, at a legal meeting where a quorum is present, unless a larger vote for its adoption is required past the rules of the assembly.

Full general Consent or Unanimous Vote. By general, or unanimous, or silent, consent the assembly can do concern with little regard for the rules of procedure, as they are fabricated for the protection of the minority, and when there is no minority to protect, there is niggling use for the restraint of the rules, except such equally protect the rights of absent members, or the right to a hush-hush vote. In the former case the consent of the absentees cannot be given, and in the latter case the consent cannot be withheld past the minority without exposing their votes, which they cannot exist compelled to do. When the election is not by ballot and there are several candidates one of whom receives a majority vote, sometimes a motion is made to make the vote unanimous. It should never be made except by the candidate with the largest number of votes after the successful one, or his representative, and fifty-fifty then its propriety is doubtful. Ane negative vote defeats a motion to make a vote unanimous, as a single objection defeats a request for general consent.

By the legitimate use of the principle that the rules are designed for the protection of the minority, and generally need not be strictly enforced when there is no minority to protect, business may be greatly expedited. When there is manifestly no opposition, the formality of voting can be avoided past the chair's request if in that location is any objection to the proposed activeness, and if there is none, announcing the result. The activeness thus taken is said to be washed past general consent, or unanimous or silent consent. Thus, after an order has been adopted limiting the speeches to two minutes each, if a speaker is so interesting that when his time has expired there is a general need for him to keep, the chair, instead of waiting for a move and taking a vote, could accept it equally the will of the assembly that the speaker'southward fourth dimension be extended, and would directly him to proceed. Or, he might say that if in that location is no objection the member's time volition be extended two minutes, or some other time. [Run into likewise 46:16]

Two-thirds Vote. A two-thirds vote means ii-thirds of the votes cast, ignoring blanks which should never be counted. This must non be confused with a vote of two-thirds of the members nowadays, or two-thirds of the members, terms sometimes used in by-laws. To illustrate the difference: Suppose 14 members vote on a question in a meeting of a order where 20 are present out of a total membership of 70, a two-thirds vote would be 10; a ii-thirds vote of the members present would exist xiv; and a vote of two-thirds of the members would be 47.

In that location has been established equally a compromise betwixt the rights of the individual and the rights of the assembly the principle that a 2-thirds vote is required to prefer whatever motility that suspends or modifies a rule of club previously adopted; or prevents the introduction of a question for consideration; or closes, or limits, or extends the limits of debate; or limits the freedom of nomination or voting; or closes nominations or the polls; or deprives one of membership or office. It will be found that every motility in the following listing belongs to 1 of the classes just mentioned.

Motions Requiring a 2-thirds Vote.¹

Better (Annul, Repeal, or Rescind) any function of the Constitution, By-laws, or Rules of Order, previously adopted; it also requires previous notice	68
Ameliorate or Rescind a Standing Rule, a Program or Order of Business, or a Resolution, previously adopted, without notice being given at a previous meeting or in the phone call for the meeting	37
Take up a Question out of its Proper Lodge	22
Suspend the Rules	22
Brand a Special Club	twenty
Belch an Order of the Day before information technology is pending	xx
Refuse to Go along to the Orders of the Day	20
Sustain an Objection to the Consideration of a Question	23
Previous Question	29
Limit, or Extend the Limits, of Fence	30
Extend the Fourth dimension Appointed for Adjournment or for Taking a Recess	20
Close Nominations [26] or the Polls	25
Limit the Names to be Voted for
Miscarry from Membership: it too requires previous notice and trial	75
Depose from Function: information technology also requires previous observe
Discharge a Committee when previous notice has not been given	32
Reconsider in Committee when a member of the majority is absent-minded and has not been notified of the proposed afterthought	36

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1. The U.South. Constitution requires a two-thirds vote of both Houses to pass a resolution proposing an amendment to the Constitution, to pass a vetoed pecker, or to remove political disabilities; a two-thirds vote of either House to expel a member; and a vote of two-thirds of the Senators present to ratify a treaty or convict on an impeachment. The House requires a two-thirds vote to append the rules, but is obliged to permit a majority to order the previous question or to limit debate, as otherwise its business could never be transacted. Withal, a bill cannot be passed without at least 40 minutes of contend, as that is immune afterward the break of the rules or the previous question has been ordered. [See pes note to 44.]

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