Chair’s right to create a tie – February 2011

The bylaws of a society state: “In case of a tie, the president may cast the deciding vote.” What is the effect of this bylaw? Does it permit the president to vote to create a tie?

Opinion:  As quoted, the bylaw applies only in the case of a tie and, therefore, limits the voting privilege of the chair. The president may vote to break a tie but not to create a tie. “If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited.” (RONR, page 571, rule 4) In applying this rule of interpretation, similarly stated in Robert’s Parliamentary Law, the specific statement in the bylaws prohibits, by implication, a vote by the president in any other circumstances except a ballot vote. If this is not what is desired, the bylaws should be amended.