Legal Definitions - present and voting

The term present and voting refers to individuals who are physically or virtually attending a meeting or assembly and actively cast a ballot on a specific motion or proposal. This term is crucial in parliamentary procedure because it distinguishes those who participate in the decision-making process by expressing a clear 'yes' or 'no' from those who are present but choose to abstain. When a vote's outcome is determined by the number of members present and voting, any abstentions are not counted towards the total number of votes used to calculate the majority.

• Example 1: Corporate Board Meeting

  Imagine a company's Board of Directors, consisting of nine members, is holding a meeting to decide on a significant new investment. All nine directors are present. When the motion to approve the investment is called for a vote, five directors vote 'yes,' two directors vote 'no,' and two directors state they are 'present' but abstain from voting. If the company's bylaws require a simple majority of the present and voting members for a motion to pass, the calculation would be based on the seven directors who cast a definitive 'yes' or 'no' vote (5 'yes' + 2 'no'). The two abstaining directors are present but not voting. A simple majority of seven is four, so with five 'yes' votes, the investment motion passes.

  This example illustrates present and voting because only the seven directors who actively cast a 'yes' or 'no' vote are included in the count that determines whether the motion passes. The two directors who abstained, despite being present, do not contribute to the total number of votes used for the majority calculation.

• Example 2: Homeowners' Association (HOA) Election

  A local Homeowners' Association is electing a new board member. There are 50 eligible members in the HOA. At the annual meeting, 30 members are present. During the election for a specific board seat, 18 members vote for Candidate A, 10 members vote for Candidate B, and 2 members, while present, choose not to cast a vote for this particular election. The HOA bylaws state that the winner must receive a majority of the votes from members present and voting.

  Here, the total number of present and voting members is 28 (18 for Candidate A + 10 for Candidate B). The two members who were present but did not vote are excluded from this count. A simple majority of 28 is 15. Since Candidate A received 18 votes, which is more than 15, Candidate A wins the election. This demonstrates how the outcome is determined solely by those who actively participate in the vote, not just those who attend the meeting.

• Example 3: University Faculty Senate

  The Faculty Senate at a university, composed of 25 members, is debating a proposal to revise the student grading policy. During the vote, 12 faculty senators vote 'yes' to approve the new policy, 8 senators vote 'no,' and 5 senators are present but choose to abstain because they feel they lack sufficient information. The Senate's rules require a two-thirds majority of the members present and voting for any policy change to be enacted.

  In this scenario, the number of present and voting members is 20 (12 'yes' + 8 'no'). The 5 senators who abstained are not included in this total. To pass, the proposal needs two-thirds of 20 votes, which is approximately 13.33, meaning 14 'yes' votes are required. Since only 12 'yes' votes were cast, the proposal to revise the grading policy fails. This example highlights how the threshold for passage is based strictly on the active participants in the vote, making abstentions effectively neutral in the final tally.