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[Anonymous]

PeterC said HERE
This gets into a discussion about whether people taking part in the meeting but abstaining on this motion count towards the total when considering whether there is 25% opposed (one third opposed to sink a special resolution in the ACT). In the ACT I would say a person taking part in the meeting but abstaining on this motion is counted to the total.

Ah, one of my hobby-horses!  Just about every definition of “abstain” that I can find is a variation of “choosing not to use ones vote” or “not voting”.

In NSW, the definition of  a special resolution (which is required for a change of by-laws) is: “a resolution which is passed at a duly convened general meeting of an owners corporation and against which not more than one-quarter in value … of votes is cast.”

So, if abstention is not voting – or not “casting” a vote – then the abstentions are not counted in the overall figure in NSW.

However, in ACT the law says special resolutions are passed when “the votes cast against the resolution number less than 1/3 of the total number of votes that can be cast on the resolution by people present at the meeting (including proxy votes).” 

And there (in my bold) is the difference.  In NSW we count the number of votes actually cast where as in the ACT they count the number of votes that could potentially be cast by voters at the meeting in person or by proxy.

I can’t find any rules on whether or not you count spoiled vote (like the ones where someone has scribbled “the chairman is an idiot”).

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