==============================  CFJ 1562  ==============================

    A cancelled vote on a Proposal does not count towards quorum.


Caller:                                 G.
Barred:                                 Murphy
Barred:                                 root
Barred:                                 Quazie

Judge:                                  Michael
Judgement:                              TRUE



Called by G.:                           03 May 2005 18:14:06 GMT
Assigned to Michael:                    03 May 2005 23:15:38 GMT
Judged TRUE by Michael:                 05 May 2005 23:49:01 GMT


Caller's Arguments:

The arguments are presented for Proposal voting only, although it may or may
not generalize to other types of voting.  After the adoption of Proposal 4699,
Rule 683 read:

    A Voter authorised to cast votes on a particular Proposal may do
    so only by informing the Assessor of the vote or votes e is
    casting on that Proposal. A Voter may change or cancel eir vote
    or votes during the Voting Period by informing the Assessor.

    A vote upon a Proposal must be one of FOR, AGAINST, or ABSTAIN
    (or an obvious synonym of one of these).  Something which is not
    one of these is not a vote upon a Proposal.

and R2033 states in part what happens when a Proposal is aborted:

    (2)  all Votes cast on the Proposal are cancelled, and the
         Proposal fails;

I am not interested in whether "the proposal fails" of R2033 clause happens
automatically, that is the subject of another CFJ. Instead, I am interested in
what happens when a vote is "cancelled", an event which occurs in other places
in the Rules.

Rule 955(a) states that only "uncancelled" votes shall be counted by the
Assessor, but this again is the subject of another CFJ. Overall, the
definition of cancel does not appear in the Ruleset, so we must rely on common

The first common definitions of "cancel" that are relevant to legal
proceedings are:
"To annul or invalidate."
or to:
"declare null and void; make ineffective;"

In other words, to cancel a vote is to declare it invalid and/or ineffective,
and invalid votes do not count towards quorum.  (I argue that it is implicit
in Rule 879 that only the casting of valid and effective votes counts towards
quorum).  Another way to look at is as that R683 allows implicitly that
cancelling a vote, whether voluntarily or Rules-enforced, changes a vote of
FOR, AGAINST, or ABSTAIN to a vote of NULL or CANCEL, which by R683 second
paragraph is not a vote on a proposal and thus again, not applicable towards

Considering cancelled votes as not applying towards quorum does not contradict
R106, even under Judge OscarMeyr's original unappealed interpretation of CFJ


Judge Michael's Arguments:

As the Caller points out, the ruleset lacks a complete definition of
what it is to be a cancelled vote.  In this case, common sense leads
us to confirm that a cancelled vote should indeed not count as a vote
in any sense, wherever this is consistent with what is explicitly
stated in the ruleset.

In particular, a cancelled vote should not count towards Quorum.