The Intrinsically, Irrelevant Negative Vote Lorenzo Cuesta, PRP

The Intrinsically Irrelevant

Negative Vote By Lorenzo R. Cuesta, PRP

Robert’s Rules requires that “the chair must always call for the negative vote, no matter how nearly unanimous the affirmative vote may appear.” RONR (12th ed.) 4:35. But there are several situations where calling for the negative vote is not only unnecessary but actually illogical.

1. “Intrinsically Irrelevant” Negative Vote: Robert’s words, RONR (12th ed.) 4:35.

Sometimes one comes across a situation that has strict requirements before a certain action may be taken. A good example of this is the requirement of a notice, by a prescribed time, in order to consider a bylaw amendment during a convention. However, under urgent situations, the convention standing rules may allow the action to be taken, even in the absence of compliance with the notice requirement, if a specified number of members propose or second the motion.

A vote to consider the bylaw amendment would not require the taking of the negative vote when the specified number of members proposing the consideration exists and the number is thus sufficient to comply with the convention standing rule requirement. The negative vote would be intrinsically irrelevant. RONR (12th ed.) 4:35.

2. A Negative Vote on a Resignation:

Robert is very clear about an association’s power relative to a resignation.

“A member in good standing with his dues paid cannot be compelled to continue his membership...” RONR (12th ed.) 32:8. So, if an association rejects a member’s resignation, does it expect the member to continue attending the association’s meetings and complying with the association’s objectives? No.

If an association rejects a member’s resignation, even if the member is in arrears, the best the association can hope for is to punish the member with expulsion. So, a motion to accept a resignation is merely an authorization to the appropriate entity to commence the procedure for filling a vacancy.

It is not really a situation seeking an approval. A negative vote would be intrinsically irrelevant.

3. A Negative Vote in an Election:

On several occasions I have observed that an election is held with members voting ‘aye’ and ‘no’ for candidates. A yes/no vote is appropriate for an appointment because an appointment is a motion asking whether or not to appoint a certain individual. An appointment is a question. But an election is not a question. An election is a vote to select an officer from among several candidates. Robert expresses it this way, “… a form of ballot on which provision is made for voting ‘for’ or ‘against’ a candidate … is not proper.”

RONR (12th ed.) 46:1.

A voter can vote against one candidate only by voting for another candidate, or by writing in the name of a candidate who was not nominated. RONR (12th ed.) 45:25. A negative vote would be intrinsically irrelevant.

4. Adopting the Meeting’s Agenda:

The agenda is the only tool a chair has to assure fair debate, to conduct business in accordance with the society’s bylaws, and to prove to the members that their rights are respected. Before and after the adoption of the agenda, the agenda can easily be amended. During the meeting, the sequence of the agenda items can be altered with a motion to suspend the rules.

Some organizations adopt a special order of business that lists the agenda headings prescribing the order of business for ordinary societies. RONR (12th ed.) 41:6. Nevertheless, these agendas are too generic and would still need to be adopted if any change to the sequence of the agenda items is necessary.

There is no reason for voting negatively when deciding on the agenda. If a vote to adopt an agenda is defeated, is it possible to have an efficient and productive meeting? No. A negative vote would be intrinsically irrelevant.

5. Accepting the Minutes:

Once approved, the minutes are the official and historical record of all the proceedings and decisions a society reaches. RONR (12th ed.) 41:12. These decisions authorize the society to take certain action. Without the minutes, there is no proof authorizing any decision that resulted from a meeting. In many cases the treasurer cannot work with their society’s bank unless the treasurer supplies a copy of the minutes indicating the name of the officers.

So, is it acceptable to vote in the negative on the minutes? No.

A formal motion to approve the minutes is not necessary. RONR (12th ed.) 41:10. Even incomplete or slightly incorrect minutes must be kept for every meeting. Minutes must be completed and corrected as soon as possible. Voting against accepting the minutes is not in keeping with best parliamentary practices or with the goals of the society. A negative vote would be intrinsically irrelevant.

6. Adopt a Report:

Once a report is heard, adopting the report means that the association will accept every word and punctuation as a new rule! Even the treasurer’s report is not adopted. Why would an association adopt any other report? RONR (12th ed.) 51:13. If the negative vote prevails, do we unhear the report?

A negative vote would be intrinsically irrelevant.

7. Motions of Complimentary or Courtesy Nature:

These motions are expected to be noncontroversial and wished by all. RONR (12th ed.) 4:35. Often these motions are intended to show membership appreciation of a service rendered to the association. A negative vote is not taken unless a member objects to omitting the negative vote. A negative vote insults the individual receiving the appreciation or recognition. A negative vote would be intrinsically irrelevant.

8. Assumed Motion:

When there seems to be no opposition to routine business or if the question is of little importance, time can often be saved by the procedure of an assumed motion or “unanimous consent.” RONR (12th ed.) 4:58. Rules are designed to protect a minority that exists. If no minority exists, the rules to handle a motion are typically relaxed by allowing the chair to inquire, “If there is no objection …” and then omit all the steps to handling a motion, including the taking of the negative vote. This assumed motion is adopted unless someone objects. A society that does not employ this approach for most of the meeting decisions is wasting a great deal of the members’ time. A negative vote would be intrinsically irrelevant.

These motions do not logically lend themselves to a negative vote. In every case, Robert’s Rules allows for business to be conducted without insisting on an awkward situation that may result from an intrinsically irrelevant negative vote. Members do not want to watch us play with parliamentary procedure. They need results. In each of these cases, a negative vote would not be illegal. It simply would be intrinsically irrelevant. NP

Lorenzo R Cuesta is a Professional Registered Parliamentarian.

He has served as a parliamentarian for boards, conventions, and annual meetings in and beyond California for more than 20 years. He is a frequent contributor to National Parliamentarian and an annual workshop presenter at the NAP convention and conference. (http://www.roberts-rules.com, email: parliam@roberts-rules.com)