Title 7 – Corporations and Associations
Article 127 – Members’ Meetings and Voting
Action by written ballot
7-127-109. Action by written ballot
(1) Unless otherwise provided by the bylaws, any action that may be taken at any annual, regular, or special meeting of members may be taken without a meeting if the nonprofit corporation delivers a written ballot to every member entitled to vote on the matter.
(2) A written ballot shall:
(3) Approval by written ballot pursuant to this section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.
(4) All solicitations for votes by written ballot shall:
(b) State the percentage of approvals necessary to approve each matter other than election of directors;
(c) State the time by which a ballot must be received by the nonprofit corporation in order to be counted; and
(6) Action taken under this section has the same effect as action taken at a meeting of members and may be described as such in any document.
Source: L. 97: Entire article added, p. 680, § 3, effective July 1, 1998. L. 2003: (2)(a) and (4)(c) amended, p. 2339, § 296, effective July 1, 2004.