It’s a practical method for many organizations to avoid having meetings in person. Volunteers who are unable to travel to a conference can still participate by email. It also cuts out costs for tickets to the train or plane and gas, hotel rooms and business lunches.
The use of email voting isn’t ideal for boards because of a variety of issues. Emails don’t allow board members to communicate in a single session and take a valid vote. The email communications are also prone to hacking or spoofing. A lack of clarity could also create problems for third-party companies that rely on the validity and accuracy of board vote.
In the COVID-19 outbreak, many organizations informed The Center for Nonprofits that they were surprised that their bylaws didn’t permit them to use email to vote on a unanimous written consent. Even now, many state laws that regulate the operation of nonprofits don’t specifically refer to this technology, and instead rely on general rules for deciding to act without a meeting. This includes the unanimous written consent.
If a board of a non-profit organization wants to take a major decision without an open meeting, all directors must vote. This can be done with a written policy that requires all directors to make a response in writing, either by email or via fax. The entire vote has to be confirmed at the next board meeting and documented into the minutes.