Question: How are votes counted at an extraordinary meeting with electronic voting and pre-voting before an EGM?
How are votes counted at an extraordinary meeting with electronic voting and pre-voting before an EGM? The BCCM explanatory note mentions counting votes for amending motions but not counting votes on the amended motion. Those who precast their vote before the meeting are deemed to vote against the amendment. But, if an amended motion is subsequently passed, how are the pre-votes counted? Are they discarded because now, it’s a different motion?
Answer: The voter who has already cast a vote is counted against both the motion to amend and the amended motion.
The legislation does address this circumstance.
The relevant Section 115 Amendment of motions at general meetings provides:
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In counting the votes cast in favour of and against a motion to amend a motion, or an amended motion, a person who is not present at the meeting personally or by proxy, but would, if present, have the right to vote—
- if the person has not cast a hard copy or electronic vote on the motion in its original form—must not be counted as voting in favour of or against the motion; or
- if the person has cast a hard copy or electronic vote on the motion in its original form—must be counted as voting against the motion.
I have emphasised the relevant parts above.
The voter who has already cast a vote is counted against both the motion to amend and the amended motion.
This post appears in the May 2025 edition of The QLD Strata Magazine.
Todd Garsden Mahoneys E: tgarsden@mahoneys.com.au P: 07 3007 3753