Are There Any Abstentions? Carl Nohr, PRP

Are There Any Abstentions?

By Carl Nohr, PRP

When a vote is called for, we expect to hear the following: “Those in favor of the motion, say Aye. Those opposed, say No.” The chair then declares which side has prevailed, whether the motion is adopted or not, the effect of adopting the motion, and then moves on by asking for further business.

In some meetings, an additional question is asked: “Are there any abstentions?”

What is an abstention? Why would a member do this? Should the chair ask for abstentions?

To “abstain” means not to vote at all… RONR (11th ed.), p. 45, l. 16. RONR is clear that, “The chair should not call for abstentions in taking a vote, …a member who makes no response if “abstentions” are called for abstains just as much as one who responds to that effect.” RONR (11th ed.), p. 45, ll. 14-19. RONR also states that, “…the number of members who respond to such a call [for abstentions] is meaningless.” RONR (11th ed.), p. 45, ll. 15-16.

Sometimes it is recorded in the minutes that a vote was unanimous in the affirmative. This may be viewed as desirable to report a high level of support. Because abstentions are not counted, they do not detract from achieving unanimous support. Unanimity, however, does not necessarily mean strong universal support. One could imagine a situation with everyone in a meeting abstaining but one member—voting in the affirmative—resulting in a unanimous decision; hardly a high level of support!

It is also important to note that abstentions are not ordinarily counted in determining whether a majority, two thirds vote, or any other voting result occurred. For example, a majority vote is defined as more than half of the votes cast by persons entitled to vote; this clearly leaves those who abstain out of the total vote count.

However, if an organization’s bylaws or special rules of order define voting requirements as the number of members of present, an abstention has the same effect as a negative vote. Using the number of members present as the denominator in a voting requirement thus prevents a member from taking a neutral position by abstaining, forcing them to side with

the negative. This should be avoided by using the usual definition of majority, more than half of those present and voting.

So, with these concerns about abstentions, why do members sometimes abstain, and why would a chair ever ask for them?

The above notwithstanding, abstentions are permitted by RONR. “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.” RONR (11th ed.), p. 407, ll. 12-15. RONR thus states that a member may choose to abstain. However, as described above, ordinarily the chair should not ask for a count of the number of members who make such a choice.

Sometimes asking for abstentions is part of the culture of the organization. The mantra “this is how we have always held votes” is common. If the association uses RONR as their parliamentary authority, this custom can be eliminated by raising a point of order. [“If a customary practice is or becomes in conflict with the parliamentary authority or any written rule, and a Point of Order citing the conflict is raised at any time, the custom falls to the ground, and the conflicting provision in the parliamentary authority or written rule must thereafter be complied with.”] RONR (11th ed.), p. 19, ll. 10-15.

A member of an assembly may choose to abstain because of a real or potential conflict of interest. A conflict of interest occurs when a member has a personal interest in the action the organization is contemplating that is not common to the other members. There are several options for members who find themselves in such a conflict. If presiding, they may relinquish the chair to another. They may decline to debate, decline to vote, or recuse themselves from the relevant part of the meeting altogether. As a final step, resignation may be necessary in extreme cases.

A member of an assembly may choose to abstain if they feel they have insufficient information or have not engaged in sufficient debate and consequently have not decided how to vote. While this should be a concern for all assemblies, it is particularly worrisome on a board of directors. Making decisions is an important part of the fiduciary duty of a director, and failing to do so renders the director’s expected contribution to the board inadequate. If widespread among the directors, or frequently practiced by an individual director, this can result in board failure.

Ensuring the provision of information to board directors is often viewed as a responsibility of the organization’s staff. However, it is the director’s responsibility to determine that what has been provided is adequate to ask questions, and take a position expressed by a willingness to vote. The board chair must be

sensitive to inadequate circumstances for effective decision making. While the chair can check for this problem by asking for abstentions, a more proactive approach will yield better results and be more compliant with rules of order.

Members of a board may want their abstention noted in the minutes. An individual may want it recorded that they did not vote on a matter of potential conflict of interest. They may also hope to protect themselves from sharing liability with their fellow directors in case some future legal circumstance arises from the board’s decision.

Whether recording an abstention is allowed would depend on the bylaws or special rules of order of the organization. There may also be applicable legislation, especially for public bodies. In RONR, abstentions are not asked for, and therefore cannot be recorded collectively or individually. Also, whether recording an abstention accomplishes the intended purpose would be subject to legal review; a board director wishing to have an abstention recorded may be advised to seek independent legal counsel.

In summary, there are reasons why a member may choose not to vote, and this choice is available to them. However, it is a concern in rules of order, and for the proper functioning of an organization.

Should a chair ask for abstentions in a vote? No, but the chair should be observant and thoughtful if it is a prevalent or repetitive occurrence. If it is frequent, the cause should be sought and remedies provided, so that all members of an organization will be informed, participate in debate, decide, and express that decision by voting Aye or No!

Finally, with apologies to William Shakespeare, here is a slightly modified beginning to Hamlet’s soliloquy…

To vote, or not to vote, that is the question: Whether ‘tis nobler in the mind to abstain Avoiding the slings and arrows of decisions, Or to take arms against a sea of motions And by opposing end them. Or by supporting give them life.

carl Nohr, M.D., PRP, joined the NAP in 2013 and became a PRP in 2018. He serves as a Director, Vice Chair, Secretary, and Speaker for several associations. He is a student of good governance, meeting management, and decision making. He loves to share knowledge and believes we can all learn much from each other.