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BarbaraN2 (Florida)
Posts: 1
Posted:
A candidate for election at the annual meeting got sick and withdrew his name. Proxies are in and some owners probably voted for him. What happens to his votes?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The basic answer is if the candidate was specifically named in the proxy, the votes should be counted for the candidate even if the candidate has withdrawn. Something similar happens all the time in public elections. People vote for a candidate that has withdrawn after the ballots were printed.

I believe:

1. The proxy can still be used to count toward a quorum.

2. The votes cannot be "transferred" to another candidate.

3. The proxy could have been worded such that the holder is free to vote for other candidates if the named candidate withdraws.

I love proxies but they can be easily misunderstood and easily misused. Be careful with them. A later date proxy will override an earlier one. Let us say I gave John Doe a proxy dated 01/01 directing him to vote for Mary Smith on 01/10 and Mary Smith withdraws. I can give another proxy date 01/05 directing John Doe or anyone else to vote for Jane Jones on 01/10. In this case the election committee may well have two proxies from me and they must be sure that the last dated proxy (dated 01/05) is the one to be used.

If your concern is you gave somebody a proxy to vote for so and so and so and so has withdrawn, than make out another proxy.

Hope this helps.
TimB4 (Tennessee)
Posts: 21,062
Posted:
His votes are counted toward his total.
Since he withdrew, even if he gets the most votes, he will not win.

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