Vote required (parliamentary)

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The vote required in parliamentary procedure, is the number or percentage of votes that determine whether an action proposed in a deliberative assembly is adopted.[1] Two elements make up the voting basis: The proportion that must concur in the action (majority, two-thirds, three-quarters, etc.) and the set of members to which the proportion applies (e.g. the members present and voting; the members present; the entire membership of the organization; etc.)[2]

A fundamental principle of parliamentary procedure is that decisions are not made by less than a majority.[3] Mason's Manual explains, "If powers were given to a minority, the question immediately would arise as to what minority. In any group there can be but one majority, but there may be many different minorities." To grant a specific minority power to make decisions on behalf of the group amounts to a delegation of power, which a public body cannot do.[4]

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[edit] Majority vote

Majority rule is a basic principle of parliamentary law as set forth in all the major parliamentary authorities.[5] In multi-candidate elections, RONR encourages the use of repeated balloting until one candidate receives a majority. This type of system can result in many rounds of voting, as happened in the United States presidential election, 1800 when the election was thrown into the United States House of Representatives.

Mason's Manual emphasizes the importance of majority rule, but states:[6]

“ The only situation where there may be a deviation from the requirement of an absolute majority vote is the case of elections where rules authorize a plurality vote. This is a situation where there are more than two candidates running for the same office in the same election and the rule provides that the one who gets the highest vote will be elected, although that candidate may not receive a majority of the legal votes cast. Also, where there are several persons running for several identical offices–for example, there are three offices of director to be filled and six candidates for the office to be elected–the rule may say that the three candidates who receive the highest votes are elected, but the rule also may provide that only those who receive a majority vote are elected. ”

[edit] Plurality vote

RONR discourages plurality voting: "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. The rule that a plurality shall elect is unlikely to be in the best interests of the average organization."[7]. TSC also discourages plurality, noting, "While election by plurality is simpler and quicker, it usually is not advisable" since a moderate dark horse might lose out to an extremist candidate opposed by the majority of members.[8] Nonetheless, DEM and other major parliamentary authorities note that it can be useful in avoiding lack of final or decisive votes; and plurality is the only voting system other than majority mentioned by Demeter and Mason.[5][6] Mason notes, "In the absence of a special rule, a majority vote is necessary to elect officers and a plurality is not sufficient. A vote for the election of officers, when no candidate receives a majority vote, is of no effect, and the situation remains exactly as though no vote had been taken."[9] Riddick's Rules of Procedure notes that plurality can save time in selecting committee members but warns, "A plurality vote ought never elect general officers of an organization, since it permits a minority to control. Any candidate elected by a plurality may expect opposition from the majority."[10]

In parliamentary procedure, most substantive questions are decided by a simple majority of those present and voting. [11] If a rule specifies a voting requirement based on the number of members present, then an abstention has the same effect as a negative vote.[12]

Voting requirements vary depending on the type of motion. A main motion, for instance, requires a simple majority to pass. Other motions, such as those to suspend the rules or limit or extend the limits of debate, require a two-thirds vote. Some, such as a motion to amend the bylaws, generally require both previous notice and a two-thirds vote, or a majority of the entire membership. Specifically, RONR states:[13]</ref>

“ 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 or office. ”

Similarly, The Standard Code of Parliamentary Procedure explains that the requirement for a two-thirds vote usually arises as a result of a compromise between the rights of the assembly and a procedural right of the individual or of the minority that is deemed to be particularly important to protect.[14]

Sometimes one member can require that action be taken; for instance, in disciplinary proceedings, a single member can require the vote on imposition of a penalty to be taken by ballot.[15] A single member may also obtain separate consideration of proposition that has been joined in a single main motion with one or more unrelated propositions.[16]

[edit] Absolute Majority

An absolute majority or majority of the entire membership (in American English, a supermajority voting requirement) is a voting basis which usually requires that more than half of all the members of a group (including those absent and those present but not voting) must vote in favour of a proposition in order for it to be passed. In practical terms, it may mean that abstention from voting could be equivalent to a no vote.

Absolute majority can be contrasted with simple majority which only requires a majority of those actually voting to approve a proposition for it to be enacted.

Absolute majority voting is most often used to pass significant changes to constitutions or to by-laws in order to ensure that there is substantial support for a proposal.

In parliamentary procedure, the vote of a majority of the entire membership is frequently an alternative to a requirement of previous notice. A motion to rescind and expunge from the minutes can only be passed by a majority of the entire membership. If the deliberative assembly is a board of a larger organization, a majority of the entire membership means a majority of board members.[17]

Mason's Manual notes, "The constitutions of many of the states require an affirmative vote of a majority of the members elected to each house of the legislature for the passage of bills."[18]

[edit] Adopt alternate voting methods

The majority vote is the default voting method for an organization that has adopted RONR as its parliamentary authority. However, an organization can select a different voting method by adopting a bylaw provision or special rule of order to that effect[19]. An organization's bylaws usually prescribe the procedure for their amendment. A special rule of order can be adopted by either (a) previous notice and a two-thirds vote or (b) a vote of a majority of the entire membership of the organization (not just those in attendance at the meeting)[20].

When attempting to change bylaws, it is important to note that the choice of words can have unintended consequences. For instance, a requirement that a candidate be elected by a "majority of those present" has the effect of causing abstaining from voting to be equivalent to voting against a candidate[21]. It may be advisable to consult with a parliamentarian before attempting to adopt a new voting method. In addition, if the electorate is likely to be unfamiliar with the proposed voting system, some education beforehand is advisable to avoid confusion.

While it is possible to adopt a different voting system by adopting or amending the rules, it is probably impossible to do so by suspending the rules. While certain rules of procedure contained in the bylaws can be suspended, this is not true in the cases of rules which embody fundamental principles of parliamentary law and rules protecting absentees or a basic right of the individual member[22]. According to Paul McClintock, PRP, an election cannot be held by plurality if the bylaws are silent on the issue[23].

Alternate voting systems are not adopted through the incidental motions relating to methods of voting and the polls. Rather, those motions relate to closing or reopening the polls or to methods such as voting using black and white balls or a signed ballot.[24]

[edit] References

  1. ^ Robert, Henry M. (2000). Robert's Rules of Order Newly Revised, 10th ed., p. 387 et seq. (RONR)
  2. ^ RONR, p. 389
  3. ^ RONR, p. xlvii
  4. ^ National Conference of State Legislatures (2000). Mason's Manual of Legislative Procedure, p. 46-47, 362 (Mason)
  5. ^ a b Demeter, George (1969). Demeter's Manual of Parliamentary Law and Procedure, Blue Book, p. 246
  6. ^ a b Mason, p. 46
  7. ^ RONR, p. 392, l. 2-7
  8. ^ Sturgis, Alice (2001). The Standard Code of Parliamentary Procedure, 4th ed., p. 135 (TSC)
  9. ^ Mason, p. 391
  10. ^ Riddick & Butcher (1985). Riddick's Rules of Procedure, p. 140
  11. ^ RONR, p. 387
  12. ^ RONR, p. 390
  13. ^ RONR, p. 388
  14. ^ {{{author}}} ({{{year}}}). tscC, p. 223
  15. ^ RONR, p. 628
  16. ^ RONR, p. 265
  17. ^ RONR, p. 390-391
  18. ^ Mason, p. 350-351
  19. ^ RONR, p. 391, l. 20-25
  20. ^ RONR, p. 116, l. 27-29
  21. ^ RONR, p. 390, l. 13-24
  22. ^ RONR, p. 254-255
  23. ^ Question 4: Can an election be held by plurality vote when the bylaws are silent of the matter?, McClintock, Paul, PRP.
  24. ^ RONR, p. 273