How many votes does it take to pass a motion of the village board?

First, Robert's Rules of order do not represent New York State law, and insofar as those rules may be inconsistent with state law, they are superseded by state law.

Secondly, a quorum is a majority of the total membership of a public body, notwithstanding absences or vacancies. The number of the total membership determines what a quorum is, and absences or vacancies do not alter quorum requirements. Further, in order to carry a motion or take action, there must be an affirmative vote of a majority of the total membership. Therefore, if a public body consists of seven members, four affirmative votes would be needed to approve a motion, even if as few as four members are present.

In other words, the village board may carry motions and take action only by means of an affirmative vote of a majority of its total membership - which is four votes - not, as suggested in Roberts Rules of Order - by means of a majority of votes cast. It is not proper for the Penn Yan village board to pass a motion on only three votes, although they have done this numerous times.

Click HERE to read an advisory opinion which mirrors the above information on the official NYS government site.

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