Title 46, Chapter 3, Section 266
( 46-3-266)
(a) A member shall be entitled to only one vote in the exercise of
his rights as a member of an electric membership corporation. (b) No member shall have the right to cumulate his votes by giving
one candidate a vote or votes equal to his vote multiplied by the
number of directors to be elected or by distributing such votes on
the same principle among any number of such candidates. (c) The chairman of the board, the president, any vice-president,
the secretary, or the treasurer or other officer of a corporation,
club, school, church, or unincorporated association which is a
member of an electric membership corporation shall be deemed by the
electric membership corporation to have authority to vote such
membership and to execute proxies and written waivers and consents
in relation thereto, unless before a vote is taken or a waiver or
consent is acted upon it is made to appear by a certified copy of
the bylaws or resolution of the board of directors, executive
committee, or other governing body of the corporation, club, school,
church, or unincorporated association holding such membership that
such authority is vested in some other officer or person. In the
absence of such certification, a person executing any such proxy,
waiver, or consent or presenting himself at a meeting as one of such
officers of such a member shall, for the purpose of this Code
section, be deemed prima-facie to be duly elected, qualified, and
acting as such officer and to be fully authorized to so act. In case
of conflicting representation, such a member shall be deemed to be
represented by its senior officer in the order first stated in this
subsection. (d) Unless it is made to appear otherwise by an affidavit, court
order, or other document, or by the instrument creating the
position, the following persons shall be deemed to be authorized to
vote a membership or execute a proxy, waiver, or consent in relation
thereto: (1) The administrator or executor of an estate which is a member; (2) A guardian of a member; or (3) A trustee in whose name a membership is held. (e) If more than one person holds a position described in paragraphs
(1) through (3) of subsection (d) of this Code section with respect
to the same membership or if a membership is held by two or more
persons, whether as fiduciaries, joint tenants, tenants in common,
tenants in partnership, or otherwise, then unless the instrument or
order appointing them or creating the tenancy otherwise directs and
a copy thereof is filed with the secretary of the electric
membership corporation or unless the articles of incorporation or
bylaws of the electric membership corporation otherwise provide,
their acts with respect to voting shall have the following effect: (1) If only one votes, his act binds all; (2) If more than one vote, the act of the majority so voting binds
all; (3) If more than one vote and the vote is evenly split, each
faction shall be entitled to vote the membership in question
proportionally; (f) The principles of subsection (e) of this Code section shall
apply, insofar as possible, to the execution of proxies, waivers,
consents, or objections and for the purpose of ascertaining the
presence of a quorum. (g) If there is reasonable doubt as to the person qualified to cast
the vote of a member or to execute a proxy, waiver, or consent on
behalf of a member, the electric membership corporation may deny the
right of such member to vote or to execute a proxy, waiver, or
consent until sufficient action has been taken by such member to
eliminate the uncertainty. |