Post by Admin on Aug 6, 2019 20:01:38 GMT -7
GLA Board Approves Email Voting
Without a Bylaw Change
Without a Bylaw Change
In a surprise move on Monday August 5th, 2019 the Glastonbury Landowner's Association (GLA) passed a motion to allow all members to vote by email in all circumstances and situations. The Motion follows:
The GLA email states "Charlotte Mizzi moved and Jerry Ladewig seconded that the board allow landowners to vote by email in all circumstances and situations requiring a member vote. Motion carried (8 in favor – Charlotte Mizzi, Jerry Ladewig, Dennis Riley, Andrea Sedlak, Mark Seaver, Gerald Dubiel, Richard Johnson, Newman Brozovsky; 1 opposed – Kevin Newby; Ken Hurley did not vote."
Montana Annotated Code (35-2-533-2. Action by written ballot) states that a non-profit corporation may deliver a ballot electronically as long as the member consents. However we could not find anything in the Montana Annotated Code that supports email voting. It is not clear how the GLA plans to institute email voting while maintaining 100% ballot confidentiality.
The motion changes the Election rules which normally requires a 30 day landowner input period.
Pursuant to the second amendment to the Bylaws, voted upon by the members on April 14, 2014 and adopted by the Board of Directors at their monthly meeting on June 9, 2014 that allows for email to be used as a method of communication and notice with members for the purpose of saving time and money, simplifying and streamlining procedures as well as utilizing the conveniences provided by modern technology, and
Whereas the GLA accepts faxed ballots from landowners for annual elections and other member votes, such as changes to the governing documents, and
Whereas a survey of the members conducted in the spring of 2019 that asked landowners whether the GLA should allow email voting indicated members were in favor of it by a margin of almost 2.5 to 1.
Whereas the GLA accepts faxed ballots from landowners for annual elections and other member votes, such as changes to the governing documents, and
Whereas a survey of the members conducted in the spring of 2019 that asked landowners whether the GLA should allow email voting indicated members were in favor of it by a margin of almost 2.5 to 1.
The GLA email states "Charlotte Mizzi moved and Jerry Ladewig seconded that the board allow landowners to vote by email in all circumstances and situations requiring a member vote. Motion carried (8 in favor – Charlotte Mizzi, Jerry Ladewig, Dennis Riley, Andrea Sedlak, Mark Seaver, Gerald Dubiel, Richard Johnson, Newman Brozovsky; 1 opposed – Kevin Newby; Ken Hurley did not vote."
Montana Annotated Code (35-2-533-2. Action by written ballot) states that a non-profit corporation may deliver a ballot electronically as long as the member consents. However we could not find anything in the Montana Annotated Code that supports email voting. It is not clear how the GLA plans to institute email voting while maintaining 100% ballot confidentiality.
The motion changes the Election rules which normally requires a 30 day landowner input period.
UPDATE: The State Bar of Montana wrote a two page paper for Montana nonprofit corporations regarding email voting. They say that email voting is allowed in Montana but that nonprofit Bylaws should be changed to accommodate rules regarding electronic voting. They also state that "electronic ballots ...should include measures to prevent duplicate or fraudulent votes, ...and should be fair, transparent and compliant with the law and the provisions of the organization's bylaws and articles."
Many thanks to a sharp eyed reader who provided the above State Bar information and link.