15-630
Montana Attorney General Opinion 15-630
Length: 594 wordsOfficial source
Cite as 15 Mont. Op. Att'y Gen. No. 630
Opinion No. 630
Elections-Candidates-Vacancies
-Quornm-County Central
Committee.
HELD: Since a county central com-
mittee consists of a definite number
of duly elected and qualified members,
a majority thereof constitutes a quorum
for the purpose of transacting busi-
ness, including that of filling a va-
cancy occuring in the party ticket.
Octoher 16, 1934.
You have submitted the question as
to what constitutes a quorum of a
county central committee for the pur-
pose of filling a vacancy among the
candidates on the county ticket.
Section 662, R. C. M., 1921, as finally
amended by Chapter 6, Laws of 1933,
which covers the subject of election of
county central committees and their
powers including that of filling ntcan-
cies, does not state what constitutes a
quorum. In the absence of such statu-
tory provision I am of the opinion that
the common law rule would apply.
The common law rule is that a ma-
jority of all the duly elected and quali-
fied members of an assembly or body
shall constitute a quorum. This rule
was adopted in order to secure fair-
ness in proceeding and to prevent as-
semblies or groups from splitting up
into groups, each group being likely to
take action contrary to that of some
other section. In Lyons v. Woods, 5
N. M. 327, 21 P. 346, where some of
the authorities are collected, the Court
quotes from Mr. Wapples as follows:
" 'A quorum is a majority of the mem-
bers. It. is never less, under the com-
mon law of parliamentary procedure.
Unless more than half of the members
of the body are present, the body is
not present. "Then more than half are
present, the hody is complete, and is
as though all the members were pres-
ent. If less than half could do business
it would be possihle for deliberath-e
bodies to be divided into t.wo or more
assemblies, each capable of doing busi-
ness, and each liable to adopt measures
contrary to those adopted by some other
section'." After re,-iewing the authori-
ties the Court concluded: "These au-
thorities settle the point that there must
be a legal quorum before there can
be a legal body, and that, in the ab-
sence of a special rule on the subject,
a quorum must consist of at least a
majority of all the legally elected
members."
In 46 C. J. 1378, sec. 8, under Par-
liamentary Law, the text writer states:
"In reckoning a quorum the general
rule is that, in the absence of a con-
trary provision affecting the rule, the
total number of all the membership of
the body be tilken as the basis; and
ordinarily a majority of the authorized
membership of a body, consisting of a
definite number of members, constitutes
a quorum for the purpose of transact-
ing business; * • ." The rule is thc
same in the case of municipal cor-
porations. (43 C. J. 502, secs. 766-767.)
This seems to be the rule generally.
(51 C. J. 305, note 84.) The one excep-
tion to this rule is when the associa-
tion or body is composed of an indefi-
nite number of persons. (5 C. J. 1346,
sec. 42.)
For the foregOing reasons, since the
county central committee of Petroleum
County consists of a definite number of
duly elected and qualified members,
I am of the opinion that a majority
thereof constitutes a quorum of the
committee for the purpose of trans-
acting business, including that of fill-
ing a vacancy occurring among candi-
dates of the respecth-e parties.