August, 2013 Don Wright, General Counsel N.C. State Board of Elections

- Parliamentary procedure facilities the decision making process and promotes order and cooperation. - It gives all members equal rights, privileges, and obligations. - It allows each motion to be fully considered by all members - Helps the public at the meeting follow the issue and discussion. - Substantially diminishes the chance of appeals based on improper decisions made.

- Robert’s Rules of Order - Robert’s Rules of Order Newly Revised - Variations of Robert’s Rules of Order - Suggested Rules of Procedure for Small Local Government Boards by the UNC School of Government (SOG) - Rules Adopted by US Congress - Many, many more….

- First published in 1876 by U.S. Army Major Henry Martyn Robert. - It is a book on the rules of order, intended to be adopted by a deliberative assembly as its parliamentary authority. It is not law. - Used by more organizations than any other rules - No longer copyrighted

- The latest version of the original is: Robert’s Rules of Order Newly Revised - Since the copyright for Robert’s Rules of Order has expired, there are many “Robert’s Rules of Order” now. - Multiple editions and variations can cause confusion. -To avoid confusion, the CBE should adopt a specfic version of the rules, if they desire to use Robert’s Rules.

A 38 page book of suggested board rules and procedures authored by A. Fleming Bell of the UNC School of Government. Smaller boards of three persons often find these rules and procedures to be useful. May be ordered for $20 from the UNC School og Government

Examples: - Does a motion need a second? - RRO: yes (Part I, Art. I, Sec. 5) - SOG: No (Rule 9) - Can a presiding chairman make a motion? - RRO: Yes - SOG: Yes (Rule 7) - Does the chairman vote? Or just act as a tiebreaker? - RRO: The chairman votes, but not as a tiebreaker. (Part I, Art. VIII, Sec. 46) - SOG: Can do either – adopting board must decide. (Rule 7)

If you have done so already, County Boards of Elections need to adopt the Rules and procedures they desire to use. They can be exactly the latest version of Robert's Rules or the Suggested Rules of Procedure fior Samll Local Government Boards. Or they can be a modified version of the above. It is up to the county board. But once the rules are adopted they should be followed and learned by the county board members. You may chose to continue with the same rules as as the previous county board.

Examples: - If you only have three members on your board, having motions seconded might not be the best idea. ( That would make two already in favor of the motion without discussion and it would not allow a un-seconded motion to get discussion). - Would you prefer your chairman to be an unbiased mediator or have a full rule in making and debating motions?

- The following is a sample motion that your organization can adopt: - Resolved, That the rules contained in the current edition of Robert’s Rules of Order Newly Revised or Suggested Rules of for Small Local Government Boards shall govern this meeting in all cases to which they are applicable and in which they are not inconsistent with any special rules of order the meeting may adopt. - Once an organization adopts a set of rules, it should give a copy of the rules to the chairman, other board members, and the director. - The chairman and all board members should also be familiar with all the rules

Rules of procedure adopted by the county board can not override a federal or state law or regulation. Those are legal mandates, your rules are only as to procedures. Adherence to the rules should be expected, but should not be taken to the extreme for purposes of delaying board action, avoiding action required by federal or state law, or action required by the State Board of Elections. A county board can modify their rules, they do not have to be exactly as RRO or the SOG rules.