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    Re: [RC] AERC By-Laws Changes - Truman Prevatt


    Bob,

    I'm just reading what is stated one the instructions. As Johnt pointed out there may be a conflict with CA corporate law in which case since the AERC is incorporated they are bound by CA corporate law. The existing law in CA is most likely the source of this number. But it states that a quorum is 1784 and if you want to argue it try Jerre Clark, Independent Ballot Counting Service in Roseville, CA. I would, however, be very nice if someone from the BOD would come on ridecamp and explain these issues. After all they do want the bylaws passed I would assume.

    This is starting sound like a Florida election. Maybe we could send Kathrine Harris to CA to count the votes.

    Truman

    Bob Morris wrote:
    As per the By-Laws now in effect;
    
    Section 3. The amendment shall take effect only if approved
    by two-thirds of those members who return ballots by the
    closing date for returning ballots. The Election Committee
    shall validate and count the ballots, and certify whether
    the amendment passes or fails.
    
    If only three ballots were received out of 5000 members, and
    two were for the change then it would pass. The current
    By-Laws do not state the necessity for a quorum, just the
    2/3 majority to pass of those who do vote.
    
    Section
    
    Bob Morris
    Morris Endurance Enterprises
    Boise, ID
    
    -----Original Message-----
    From: ridecamp-owner@xxxxxxxxxxxxxxxxx
    [mailto:ridecamp-owner@xxxxxxxxxxxxxxxxx]On Behalf Of Truman
    Prevatt
    Sent: Tuesday, October 08, 2002 5:31 PM
    To: John Teeter
    Cc: ridecamp@xxxxxxxxxxxxx
    Subject: Re: [RC] AERC By-Laws Changes
    
    
    The booklet that comes with the ballot sates that "the
    quorum for this
    vote is 1784."  The mail arrived after I asked John the
    question. This
    means that if 1783 or fewer ballots are recieved (and it
    states recieved
    not mailed) by Nov 15 there is no quorum hence the bylaws
    fail to pass.
    If 1784 or greater with greater than 1/3 of the votes no the
    bylaws
    fail. It takes at least 1784 ballots returned with 2/3 or
    greater votes
    for the bylaws to pass. At least that's the way I read it.
    
    Truman
    
    John Teeter wrote:
    
      
    Someone in an official capacity should likely answer that.
    
    Joe is correct that the current by laws say, in effect,
        
    that the
      
    quorum is defined by the number of returned ballots. I
        
    heard that may
      
    not pass CA corp. requirements. I don't claim to know what
        
    the real
      
    quorum might be, only that one is required:)
    
    johnt
    
    At 03:27 PM 10/8/2002, you wrote:
    
        
    John,
    
    What is the quorum number?
    
    Truman
          
    
    
        
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     Information, Policy, Disclaimer:
    http://www.endurance.net/Ridecamp
     Subscribe/Unsubscribe
    http://www.endurance.net/ridecamp/logon.asp
    
     If you are an AERC member - PLEASE VOTE in the upcoming
    By-Laws
     Election!!!! (it takes 2/3rds to tango!!)
    
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    Replies
    RE: [RC] AERC By-Laws Changes, Bob Morris