N.D. Cent. Code § 10-15-16

Current through the 2023 Legislative Sessions

Section 10-15-16 - Voting

Except as permitted in this section, no person other than a member may vote at any member meeting.

1. A person who has not fully paid for membership may not vote except as expressly permitted in the bylaws. If the cooperative permits two or more persons to hold one membership, the bylaws may provide how such member vote is to be cast.

2. At any member meeting of a cooperative composed of individual members and member associations, each such individual member or association member shall be entitled to only one vote. In the case of a cooperative composed only of member associations, such member associations shall have only one vote, except that the articles may permit either or both:

a. A member association to cast additional votes not exceeding a number equal to its membership.

b. A cooperative whose member-patrons include other associations to base voting in whole or in part on a patronage basis.

3. A member owning membership stock gains no additional vote thereby.

4. Voting by proxy shall not be allowed in any cooperative, except the bylaws may provide for representation of members by delegates apportioned territorially. A delegate shall cast the votes to which members represented by the delegate are entitled.

5. An absent member may submit a signed vote if the absent member has been previously notified in writing of the exact motion or resolution upon which the vote is taken. The bylaws may limit use of signed votes.

6. In the absence of written notice that some person has been designated to represent a member who is other than a natural person, such member may be represented by any of its principal officers. Unless the bylaws provide otherwise, an individual may represent more than one such member, and may also vote as an individual if the individual is a member.

7. The bylaws may set forth provisions, not inconsistent with this chapter, relating to the methods and procedures for voting.

8. Whenever the articles require the vote of a greater proportion of the members than required by this chapter, the articles control.

N.D.C.C. § 10-15-16