Cost of mailings for elections

Is there a requirement in the bylaws that we snail mail notices of elections to all members?
If so we should absolutely edit this in the next bylaw re-write. It is 2018 and there is no reason members can’t be notified through email or text messaging.
If there is not a bylaw requirement can we move forward with the next BOD election to eliminate the snail mails and cost associated?
The special meeting around Luke is the reason I am asking. I 100% agree Luke should stay on the board, but it should not be because it costs too much to have an election, it should be because he knows DMS and was elected to serve, even if he is no longer in state.

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The short version is, as I recall, Texas State Law requires it. I’ll see if I can dig up a link (it’s been posted to TALK before, and should be on Texas State websites as well).

Correct. It is a state requirement.

There is Notice By Publication if above a certain number, I believe it is 1,000. However, not clear if that applies to total membership (less Add-ons) or to those with voting rights.

Rather than worry about an invalidated election, we send out all members (not Add-ons since they are not eligible vote) so they are made aware and can register vote.

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Did the service we used handle undeliverable or returned mail? Like physical mail, we had issues with email blasts as members seem to change their contact info quite regularly.

I think we may have several members that can do this type of work. Although it might be a conflict of interest.

We had some returned undeliverable.

This is what I found …

Notice of Membership Meetings

A corporation other than a church shall provide
written notice of the place, date, and time of a meeting
of the members of the corporation and, if the meeting is
a special meeting, the purpose or purposes for which the
meeting is called. The notice shall be delivered to each
member entitled to vote at the meeting not later than the
10th day and not earlier than the 60th day before the
date of the meeting. TBOC § 22.156(a).

Notice of membership meetings for a corporation
other than a church may be delivered in the manner
provided for in the Certificate of Formation or Bylaws
of the corporation. If not so provided, notice may be
given personally, by U.S. mail, by facsimile, or by
electronic message. If delivered by U.S. mail, notice is
considered to be given when deposited in the U.S. mail
with postage paid in an envelope addressed to the
member at the member’s address as it appears on the
records of the corporation. If delivered by facsimile or
electronic message, notice is considered to be given
when the message is delivered by facsimile or
electronic message to a facsimile number or electronic
message address provided to the corporation by the
member or to which the member has consented. TBOC
§§ 22.156(a) and 6.051(b).

Notice of a meeting of the members of a
corporation that is a church is sufficient if given by oral
announcement at a regularly scheduled worship service
before the meeting or as otherwise provided by the
Certificate of Formation or Bylaws of the corporation.
TBOC § 22.156(b).

A corporation may provide in the corporation’s
bylaws that notice of an annual or regular meeting is not
required. TBOC § 22.157(a).

A corporation having more than 1,000 members at
the time a meeting is scheduled or called may provide
notice of a meeting by publication in a newspaper of
general circulation in the community in which the
principal office of the corporation is located, if the
corporation provides for that notice in its bylaws.
TBOC § 22.157(b).

So, it is not required to give it by US Mail. We can publish it in a newspaper and email it out.

We are suppose to be doing the notification for regular member meetings as well.

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Good research! I agree we should be able to do just email, the newspaper would be an extra, unnecessary step. Shall we make it a BOD agenda item?

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You can if you wish … I’m still reading …

http://images.pulpfusion.com/cpadallas/fcpemay2013/EffectiveGovernanceNonprofitOrganizations_T5_S4_3.pdf