sch.7-sec.41Postal ballots (other than special postal ballots) (CNL ss247 & 250)

sch.7-sec.41 Postal ballots (other than special postal ballots) (CNL ss247 & 250)

The rules may require some decisions to be made by postal ballot. Section 250 of the Law provides that members may require a matter to be decided by a postal ballot. The following rule will facilitate a postal ballot in these situations. A postal ballot must be held in respect of a special resolution where members who together are able to cast at least 20% (or a lesser percentage which may be substituted here) of the total number of votes able to be cast at a meeting of the co-operative may requisition the board to conduct the special resolution by postal ballot. Requisitioning members may be liable for the cost of a postal ballot if the special resolution is not passed. See section 250 of the Law. If a postal ballot is requisitioned by members under subrule (1) , the requisition should specify whether the postal ballot is to be a secret ballot. A postal ballot requisitioned under subrule (1) is to be conducted in accordance with the National Regulations and in the form and manner determined by the board. The board may determine in a particular case whether the special resolution by postal ballot should be a secret ballot and whether votes may be returnable by fax or other electronic means or both. If the board decides to conduct a secret postal ballot, it must ensure that the method used to conduct the ballot will ensure that votes can be counted without identifying the way each member has voted. The board is to appoint a returning officer to conduct the postal ballot. In default of such an appointment, the secretary is the returning officer. Ballot papers (in such form and with such content as the board may approve) must be sent to all voting members giving: particulars of the business in relation to which the postal ballot is being conducted; and an explanation of how to lodge a valid vote and the majority required to pass the vote; and notice of the closing date and closing time of the postal ballot; and must be sent to members so that they arrive (assuming standard postal times) at least 21 days before the closing date of the postal ballot. This rule does not apply in relation to special postal ballots. (sch.7-sec.41-ssec.1) A postal ballot must be held in respect of a special resolution where members who together are able to cast at least 20% (or a lesser percentage which may be substituted here) of the total number of votes able to be cast at a meeting of the co-operative may requisition the board to conduct the special resolution by postal ballot. Requisitioning members may be liable for the cost of a postal ballot if the special resolution is not passed. See section 250 of the Law. (sch.7-sec.41-ssec.2) If a postal ballot is requisitioned by members under subrule (1) , the requisition should specify whether the postal ballot is to be a secret ballot. (sch.7-sec.41-ssec.3) A postal ballot requisitioned under subrule (1) is to be conducted in accordance with the National Regulations and in the form and manner determined by the board. (sch.7-sec.41-ssec.4) The board may determine in a particular case whether the special resolution by postal ballot should be a secret ballot and whether votes may be returnable by fax or other electronic means or both. (sch.7-sec.41-ssec.5) If the board decides to conduct a secret postal ballot, it must ensure that the method used to conduct the ballot will ensure that votes can be counted without identifying the way each member has voted. (sch.7-sec.41-ssec.6) The board is to appoint a returning officer to conduct the postal ballot. In default of such an appointment, the secretary is the returning officer. (sch.7-sec.41-ssec.7) Ballot papers (in such form and with such content as the board may approve) must be sent to all voting members giving: particulars of the business in relation to which the postal ballot is being conducted; and an explanation of how to lodge a valid vote and the majority required to pass the vote; and notice of the closing date and closing time of the postal ballot; and must be sent to members so that they arrive (assuming standard postal times) at least 21 days before the closing date of the postal ballot. (sch.7-sec.41-ssec.8) This rule does not apply in relation to special postal ballots.