Title 14, Chapter 3, Section 708
( 14-3-708)
(a) Unless prohibited or limited by the articles or bylaws, any
action that may be taken at any annual, regular, or special meeting
of members may be taken without a meeting if the corporation
delivers a written ballot to every member entitled to vote on the
matter. (b) A written ballot shall: (1) Set forth each proposed action; and (2) Provide an opportunity to vote for or against each proposed
action. (c) Approval by written ballot pursuant to this Code section shall
be valid only when the number of votes cast by ballot equals or
exceeds the quorum required to be present at a meeting authorizing
the action, and the number of approvals equals or exceeds the number
of votes that would be required to approve the matter at a meeting
at which the total number of votes cast was the same as the number
of votes cast by ballot. (d) All solicitations for votes by written ballot shall: (1) Indicate the number of responses needed to meet the quorum
requirements; (2) State the percentage of approvals necessary to approve each
matter other than election of directors; and (3) Specify the time by which a ballot must be received by the
corporation in order to be counted. (e) Except as otherwise provided in the articles or bylaws, a
written ballot may not be revoked. |