[governance] Criterion for charter voting

[Paul Lehto]

On 9/29/10, parminder <parminder at itforchange.net> wrote:
> Paul, at this point the issue is not about one view against another, but
> the letter of the charter of the IGC, which clearly has a different
> eligibility criterion for voting in a charter amendment than any other
> voting. It states that
>
>     "In amending the charter, everyone who voted in the previous
>     election will be deemed a member for amending the charter."

I understand that's the language.  But in order to conclude that
someone's vote is taken away, the language must be clear and
unequivocal.  Here, those who voted in the previous election are
"deemed" members - it's automatic so to speak.  There is no express
preclusion of others who can establish membership through means not
automatic in nature.

Thank you Parminder for your courtesy and respect regarding me and the
letter and spirit of the law.  The letter and the spirit are why I
interpret it in the manner above, one should greatly hesitate and put
the burden of specificity on an interpretation that would result in
the denial of a voting right.  If a Charter intended for a more
restricted class of Charter voters, it would typically (at least if
well drafted) state at the end of the sentence above something like
"and no others shall be deemed qualified voters by any means for the
purpose of amending the Charter."

-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-2334
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