Legal Question in Constitutional Law in Pennsylvania

A vote was called for to reafirm a pastors position. We operate under Roberts Rules. A Hand vote as to the matter was not conclusive. Under Roberts rule the statement should have been made "the vote in inconclusive however, it appears that the ayeas have it". Instead a second hand vote was called by the chair and this time he called for any person tthat wishes to abstain to rise and be counted. Never explaining that this changed the voting grounds and no one knew that their abstention vote would be counted as a negative vote. Is this possible grounds for a recall on the grounds of an illegal vote, or not providing the persons with complete information as to how their vote would count?


Asked on 5/18/12, 5:57 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

This appears to be an internal matter. How does either the U.S. or Pennsylvania Constitution apply?

{John}

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Answered on 5/18/12, 7:39 am
Edward Hoffman Law Offices of Edward A. Hoffman

The Constitution regulates the government, not private entities -- and especially not churches or other religious organizations.

It's possible that the vote you describe gave somebody a breach of contract claim, but I would need a lot more information before I could say whether it did or whether you are that somebody.

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Answered on 5/18/12, 10:56 am


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