Can the Chair vote in Robert’s Rules of Order?
The voting rights of the meeting chairman is probably one of the most frequently asked questions of parliamentarians! There can be a lot of confusion in this area, so this post will break down all of the relevant concepts to help decide if the chairman of your group can vote in a meeting. Yes, the chairman can vote in a meeting, but there are restrictions depending on the size and characteristics of the meeting.
For organizations where the chairman is also a member, Robert’s Rules of Order makes it clear that the chair does not give up membership rights for simply being elected chair. “If the presiding officer is a member of the assembly or voting body, he has the same voting right as any other member….[H]owever…the chair protects his impartial position by exercising his voting right only when his vote would affect the outcome” (Robert’s Rules of Order Newly Revised 12th ed., §4:56). This means that the Chair has the ability to vote, but should only exercise it as a last resort in order to maintain his or her impartiality while presiding over a meeting.
I estimate that almost all organizations’ chairpersons are elected from amongst the voting members of the organization. The main exceptions will come from governmental entities. For example, in some cities the mayor presides at City Council meetings but does not receive a vote like the City Council members.
Outside of this main principle, there are other situations where the chair can and cannot vote.
The Chair Can Vote When it Affects the Result
As previously mentioned, the Chair can exercise his right to vote when it would impact the result. For majority votes, this is commonly referred to as “making or breaking a tie.” For example, if there are 11 votes in favor of a motion and 10 votes against a motion, the chair can:
- Continue to not vote and allow the motion to pass by majority vote
- Vote no to create a tie; thus, allowing the motion to be lost.
The same principle applies for measures that require a higher threshold, such as a two-thirds vote. Suppose 19 people voted yes and 10 people voted no on a motion that requires a two-thirds vote. The Chair could vote yes in order for the motion to pass.
Please note that the Chair does not have a “super vote” and cannot vote twice: once as a member and once to break the tie (See RONR 12th ed., §44:12).
The Chair Can Always Vote by Ballot
When a vote is conducted by secret ballot, the Chair is free to vote because her impartiality cannot be challenged because no one will know how she voted. The ballots are simply counted all together, and the Chair announces the end result.
The Chair Can Vote When He Recuses Himself
There are instances where the Chair is passionate about a particular matter and wishes to fully participate in the deliberations. When this is the case, the presiding officer may relinquish the chair to the Vice Chair (or other elected/appointed temporary chair) while the current item of business is being considered.
“If the presiding officer is a member of the society, he has—as an individual—the same rights in debate as any other member; but the impartiality required of the chair in an assembly precludes his exercising these rights while he is presiding….On certain occasions—which should be extremely rare—the presiding officer may…relinquish the chair…[and] then may not return to it until the pending main question has been disposed of, since he has shown himself to be a partisan as far as that particular matter is concerned.”
Robert’s Rules of Order Newly Revised 12th ed., §43:29
In this instance, it is then the temporary Chair who should refrain from voting. Upon the conclusion of the debate, the permanent Chair casts his vote, and then can return to the chair once the result has been announced.
The Chair Can Vote in Small Boards and Committees
Robert’s Rules of Order allows for more informal procedures in small boards and committees, including permitting the Chair to vote. “In a board meeting where there are not more than about a dozen members present…[i]f the chairman is a member, he may, without leaving the chair, speak in informal discussions and in debate, and vote on all questions” (RONR 12th ed., §49:21). Further, “The informalities and modifications of the regular rules of parliamentary procedure listed in 49:21 for use in small boards are applicable during the meetings of all standing and special committees” (RONR 12th ed., §50:25).
This mean, if you are part of a board of directors that has “not more than about a dozen members present,” the Chair is able to vote. The same principle applies to committees, regardless of size.
Conclusion
Don’t allow this situation to trip you up! If you have any questions, leave a comment below or contact us. Determining whether the Chair can vote is very fact and Bylaws specific, and depends on the individual circumstances of your deliberative assembly. This post was designed to provide you with the general principles; however, it is important to consult a parliamentarian to determine the procedures that are applicable to your specific circumstances.
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Donald Garrett, MPA, PRP is a Professional Registered Parliamentarian based in the Washington, DC Metropolitan area (Northern Virginia). He received both his Bachelor of Arts (Government) and Master of Public Administration from George Mason University.
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If there is a Motion of Dissent in the Chair’s ruling. Is the chair allowed to vote? One would think not as it is a conflict of interest.
Robert’s Rules of Order does not contain a “Motion of Dissent,” but I did a quick google search and saw that in the Australian House of Representatives it may be a similar procedure to “Appealing” the Chair’s decision. Under Robert’s Rules of Order, if the body wants to overturn the Chair’s decision, it requires a majority vote in the negative (against the Chair). If the Chair is also a member of the body, the Chair has the right to vote on the motion. A conflict of interest does not exist because the Chair, as a member, will be subject to this ruling in the future should they not be the Chair anymore.
There was a vote to censure someone. Majority won the motion. The chair did not vote. The. At the next meeting she claimed it wasn’t clear and decided to overrule the voting and throw it out.
The Chair alone cannot “throw out” a vote. Under Robert’s Rules of Order, if the body wants to rescind a vote on censuring someone, it requires either (1) a 2/3 vote, (2) a majority of the entire membership, or (3) a majority vote if previous notice was given [RONR (12th ed.), 35:2].
Can the Commission President(Chair) make a motion on a subject that he/she has a personal interest/gain in? Such as, a contract with a local fitness gym to utilize the towns facilities to hold classes. This Commissioner/Chair President is a paid employee of this fitness gym and has a personal interest/gain by this contract being accepted by the Town Commissioners. Her husband is also a commissioner for the town and also voted on this subject. He too has a personal interest/gain because his wife is accepting payment from the fitness gym that will be in a shared bank account. Ethically wise, this should be addressed, but for voting-what’s the process? She can’t be impartial-this is her baby…..
Also, if the chair has recused themself from a matter, how long is the recusal on that subject? Just for that meeting or for the duration of the term of the seat?
Robert’s Rules of Order has very little to say about recusal/conflicts of interest. Section 45:4 states, “No member should vote on a question in which he has a direct personal or pecuniary interest not common to other members of the organization. For example, if a motion proposes that the organization enter into a contract with a commercial firm of which a member of the organization is an officer and from which contract he would derive personal pecuniary profit, the member should abstain from voting on the motion. However, no member can be compelled to refrain from voting in such circumstances.”
However, there may be an ethics in government or conflict of interest statute/ordinance that could apply in this situation. Sign up for a free consultation and we can go over your situation in depth.
can the chairman vote a second time to break a tie vote?
No, the chair does not receive two votes.
My corporation is thinking of selling there property. what is the procedure to get this done: Who can vote, the notice procedure of the membership, etc. Any and all information will be appreciated. Where can this be found in the Robert’s Rule of Order.
Thank you,
Jim
This depends on the corporation’s norms and Bylaws. Your state may also have an applicable corporation statute. Set up a free, initial consultation with me and let’s go over your situation!
I did not see a definitive response to ‘somebody wants to postpone or ‘table’ an agenda item.
I know there are correct ways to ‘lay on the table’. Does that mean the same as postponing an agenda item.
this is going to be used at a city council meeting.
Thank you in advance.
Postponing a motion allows the group to postpone something to later on in the same meeting or to make it unfinished business at the next meeting (as long as you meet at least quarterly). Tabling a motion means temporarily setting an item of business aside because something urgent came up (e.g., a guest speaker just arrived). If you want to kill something, that would be a motion to postpone indefinitely, which requires a majority vote.
The By-Laws state the vote is for elected members only. The chair is a statutory member of the body. Can the chair vote to break a tie or make it a 2/3 vote? The vote was 11 yea and 9 Nay. Can the chair cast a 12th vote to have the motion pass?
If the Bylaws state that the vote is only for elected members, and the Chair is not an elected member, the Chair does not get to vote or break the tie (unless there is some other provision in the Bylaws that gives the Chair that ability).
A vote took place where the certified results stated that the Chair did NOT vote. 6 months after the vote was done, the election commissioner stated there was a ballot for the Chair and put into record as being a yes vote. This vote needed a majority of members present and voting to pass and the yes vote from the Chair was then used (6 months after the initial vote and after the vote was certified). Is there a time frame on when the Chair can vote and when that vote has to be counted?
In instances where the Chair’s vote would impact the result, the Chair must announce his or her vote at the time the vote results are announced [see RONR 4:56].
In a small committee (less than 12) is it acceptable for a chairperson to move a motion and vote on the motion and cast a tie breaking vote ?
Yes, it is acceptable under Robert’s Rules of Order. However, please remember that the Chair does not receive an additional tie-breaking vote–if the Chair originally voted on the motion, that is the Chair’s one vote.
we are a elected commitee on a local pool league we are a 6 person commitee with a chairperson elected by the commitee , can the chairman vote on normal buisness , if the vote is tied when he uses his commitee member vote does he have a casting vote as the chairman .i hope you can help us in this matter thank you
No, the chair does not receive an additional tie-breaking vote.
Can the board chair make a motion to rescind a vote?
Yes, if the chair is a voting member of the Board the chair has the same privileges as members (e.g., debating, making motions, etc.)
On a board where the bylaws state that Chair positions are appointed by the president, who votes at a monthly meeting where chair people & board members are both present for planning purposes? All members present or just the elected members? The bylaws state that the board meets quarterly but we meet monthly and vote as necessary but sometimes chairs are present and we are unsure if they get a vote in that setting. There is no mention of who votes in our bylaws outside of elections & changes to the bylaws.
I would need to see the text of your bylaws to have a better understanding. Please reach out for a free consultation!
Can a chair vote if the vote is about the chair? The vote said the chair violated bylaws; the chair was certain they did not. Because the chair was the subject matter, would the chair be able to cast a vote? Being impartial would not be realistic, given the vote was about the chair and was allegedly violating bylaws. In this case, couldn’t the chair vote? No matter if the vote was not a tiebreaker? The body overwhelmingly voted in the chair’s favor, but I’m looking for clarification if, in this case, the chair voting was acceptable.
If this is concerning an appeal of a decision or ruling of the Chair, then yes the Chair can vote. In order to overrule the Chair (sustain the appeal), you must have a majority voting no: “A majority or a tie vote sustains the decision of the chair on the principle that the chair’s decision stands until reversed by a majority. If the presiding officer is a member of the assembly, he can vote to create a tie and thus sustain his decision” [RONR, 24:3(7)].
It was a motion to ask the body if the chair violated the bylaws. The body overwhelmingly voted in favor of the chair. The chair voted as well. The question is it OK that the chair voted? It was a motion if the chair was in violation of breaking the bylaws on a separate issue. The chair voted because they were basically being accused of a wrongdoing (violating bylaws) which, in fact was not the case.
I have a question. If the board members are ready to vote and the chairman drags his feet, can the board force a vote?
Yes, one member does not have the ability to prevent a vote.
Not sure where to ask this question but thought this might be the closest option.
Can Michigan county Precinct Delegates in Michigan remove the Michigan County political committee leadership?
If a motion is made to vote to give the Chair voting rights on all committees, and the vote in tied by members 5 yes to 5 no, can the Chair break the tie in effect giving themselves the right to vote?
If on the original vote the chair was a member who could vote, then the chair could break the tie. But if the chair is one of the 10 votes cast, the Chair does not receive an extra tie-breaking vote.
The president of our homeowners association functioned as the Chair in the association’s 2022 annual meeting. He was not impartial and the discussion on a particular issue became quite heated with the president heavily in the thick of it resulting in an immediate cessation of discussion when he issued a specific threat to a member. The president held all the proxies, he was up for re-election to the board and he used all of those proxies to vote himself and two other board members back into office. Opposing candidates did not have access to the association’s members mailing list as required by state law and therefore could not acquire proxy votes of their own.
Referring to paragraph two of this blog post, what does RROO say about proxies being used by a partisan Chair to vote himself into office, clearly benefiting himself?
Our annual meeting is in 10 days and president is expected to be the Chair again. How do we deal with a very partisan Chair who gets involved in Facebook spats against other board candidates and owners? It seems like our annual meeting will be one “point of order” after another regarding his blatant partisan actions.
If the association is denying you access to membership lists that state law says you can have, then you might have to get redress from the courts. But assuming the proxies are valid, this is one of the downsides of proxy voting: people are not present at the meeting to see the behavior of candidates before casting their vote.
Can the chair of a. Committee vote when she makes the motion or presents material that she would like to pass?
Generally, yes, assuming it is a small board or committee (not more than about 12 members)
I have an HOA with a board of 7, we lost one member . The Board is allowed by it’s bylaws to elect a replacement. We are deadlocked at 3-3 the President/Chair, is voting, should the President/Chair rescuse themselves from this vote as their vote is causing the tie. We have not adpoted any specific meeting process for this and our Bylaws state “In matters relating to procedure that are not outlined, the latest copy of Robert’s Rules of Order by Robert McConnell Productions will apply.” We have directors citing the 12th edition of Roberts Rules of Order 44L12 and 49:21 which are conflicting.Any assistance would be appreciated. Thanks
Unfortunately I do not have a working knowledge of the book written by Robert McConnell Productions. However, generally speaking a 3-3- vote is a tie and the position is not filled.