Oxymoron!

By David Mezzera, PRP

During a workshop I recently presented here in California to a 7-member Commission on the subject of Small Board Rules, I was covering the topic of voting . The inevitable question was asked by a member of the Commission: “Do abstention votes count?” The easy answer is to refer the questioner to the FAQ chapter of RONR In Brief where that very question is answered in Question 6 1 . I personally love the answer given there: “The phrase ‘abstention vote’ is an oxymoron, an abstention being a refusal to vote . ” But does an abstention ever “count” or make a difference? Let’s look into this a little deeper and consider some common voting circumstances . situations

A common situation occurs if a member is absent from a meeting while a vote is being taken (whether by non-attendance or stepping out of the room temporarily), that person has obviously no effect on the count of a vote . As RONR indicates, voting

1. RONR-In Brief (3rd ed.) p. 116

2. RONR (12th ed.) 1:6

3. RONR (12th ed.) 45:52 normally is based on those present and voting 2 . On the other hand, someone who is actually in the room but chooses not to vote has, in effect, mentally left the room . Thus, in the same way he is not part of the voting process . But is it that simple? Is there ever a time when an abstention does count for something? Consider the following circumstances .

In another example, when a roll call vote (yeas and nays) is taken, one of the four options for voting (along with yes, no and pass) is “abstain” or “present . ” What difference does this make? The difference, as RONR points out, is that if someone chooses to abstain, their presence is noted for the purpose of insuring that a quorum was present for the vote 3 . In this case, someone expressing an abstention is significant and counts in the process but does not count in the voting tally for or against . This would be the case when a large group is voting using electronic voting and the software package shows an option to “abstain . ” We parliamentarians must probably just live with this as we have no control over the software design . Putting a √ next to “abstain” might help to know the total number of people who chose to record a ballot; but on the other hand, what if someone does not vote yes, no, or abstain? Is there some other choice? Not really; and other than “yes” or “no,” we know that anything else is moot as far as determining the result is concerned .

What about the often made statement by non-parliamentarians that an abstention counts as a “no” vote? Believe it or not, there is an instance noted in RONR where this is actually the case, and here’s the example: If an organization’s rules require that consequential votes require a majority of those present at the meeting—or a majority of all members—then an abstention is other than a “yes” vote and has the same effect as a “no” vote4 . If the commission noted above requires a majority of those present to pass any motion allocating funds and 7 members are present, then it would require 4 affirmative votes (a majority of those present which also in this case is a majority of the membership) to pass a particular motion . Whether the vote

4. RONR (12th ed.) 44:9(a)

5. RONR (12th ed.) 4:35

6. RONR (12th ed.) 45:4 is 3 to 4 with all voting or 3 to 2 with 2 abstentions, the motion would fail (even though 3 might be a majority of those voting in this latter instance) since a majority of those present (4) is required for its passage . This is not the general rule in RONR but has to be understood in the context of a particular assembly’s rules . In a sense, it is immaterial whether there are 4 “no” votes or some abstentions within that number; the motion would not pass and abstentions would be equivalent to “no” votes . In a similar vein, we’ve read multiple articles in the California Parliamentarian (CP) about when calling for a negative vote would be intrinsically irrelevant, a term that even appears in RONR 5 .

Another question to pose is are there ever instances when a member is required to abstain on a vote? Here again, RONR provides us with some guidance on the subject of recusals . Although a member can never be compelled to abstain according to RONR 6, members should step aside and not cast a vote (i .e . abstain) on any matter in which they have a direct personal or pecuniary interest . Some legislative bodies (e .g . city councils or school boards) take this a step further and mandate that any member with a personal interest in a matter must abstain during the vote . But other legislative bodies totally disallow abstentions . Their rules indicate that it is the duty of members to vote since they represent constituents who deserve to have a vote cast without them abstaining 7 . I’ve seen instances of such voting wherein members excuse themselves to go to the restroom and conveniently return only after a vote has been taken with them recorded as “absent . ” Of course, as noted above, this would have the same effect as a “no” vote when a majority of members was called for in their rules since they did not vote in the affirmative; otherwise, the number of members present and voting determines the basis for a majority .

To go even another step deeper, is there ever an instance when an

7. RONR (12th ed.) 45:3 abstention can count as a “yes” vote? Not exactly, but in an abstract way, if a voter abstains and the motion ends up passing, the voter is in effect indicating that they are allowing the majority in the affirmative to make the decision for them on the matter . Not exactly having their abstention actually recorded as an “aye” vote, but conceptually, in this instance, it turns out to support the affirmative side when it is the winning side , by not advantaging the negative side, allowing the otherwise majority to prevail .

So in the end, while an “abstention vote” may be an oxymoron, there are actually a few instances where an abstention makes a real difference in the outcome of a vote . You may be asked in the future to answer for yourself when someone asks, “Do abstention votes count?”

So be prepared… . NP

David Mezzera, PrP, is a past president of the California State Association of Parliamentarians and a past District 8 Director.