TITLE 30

CORPORATIONS

CHAPTER 30

IDAHO NONPROFIT CORPORATION ACT

PART 5

MEMBER MEETINGS

30-30-508.  Action by mailed written ballot or absentee ballot. (1) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular or special meeting of members may be taken without a meeting if the corporation delivers a written ballot to every member entitled to vote on the matter. The articles or bylaws may provide that the members may vote by mail or by absentee ballot on any corporate action that may be taken at any annual, regular or special meeting of members.

(2)  A written ballot for action taken without a meeting shall:

(a)  Set forth each proposed action; and

(b)  Provide an opportunity to vote for or against each proposed action.

(3)  Approval by written ballot alone pursuant to this section when a meeting is not held 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 when 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:

(a)  Indicate the number of responses needed to meet the quorum requirements;

(b)  State the percentage of approvals necessary to approve each matter other than election of directors; and

(c)  Specify the time by which a ballot must be received by the corporation in order to be counted.

(5)  Except as otherwise provided in the articles or bylaws, a written ballot may not be revoked.

History:

[30-30-508, added 2015, ch. 243, sec. 78, p. 981.]