Parliamentary Procedure Q&A

Q: Since 1846 our Constitution has stated that our officers will be elected at the annual meeting "by a majority of the members present." Due to a misprint in constitutions handed out and an ensuing misunderstanding, proxies were allowed the past two years for the elections. Now it is the desire of the board to halt the use of proxies for elections and follow the constitution to the letter. Some are now saying that a member can be present by proxy. Is there such a thing and do you agree that "present" means in view, in the room and actually physically present? Our annual meeting is coming up December 8. What if the membership votes to allow proxies even though the constitution forbids them? - Chuck Wade, Nov. 19, 1999

A: This question about proxies is not covered in RONR, and may vary from state to state. You may want to consult an attorney licensed in your state for a definitive answer.

In my opinion, a member is represented by a proxy in his absence. One cannot be both present and absent at the same time at the same place. So, no, a member cannot "be present by proxy."

Even if every member were present and voted in favor of allowing proxies, the vote would be null and void because it would be in violation of your bylaws. See RONR p. 12. If proxy voting is to be allowed, it must be stated in your bylaws. See RONR p. 415. Therefore, if your organization wishes to allow voting by proxy, its bylaws must be amended by following the proper procedure for amendment.

HOME QUESTIONS OTHER SITES
1