For me the two issues around email voting are these:
- Did the actual director send the email? Or was it his wife? or somebody else with access to the account?
- And this thing I’ve done myself: “Yes I agree but what about” this situation? or “I agree and do we know for sure that” X is really the situation?
With an email without a signature, the consent could have been sent by anyone with access to the board member’s email account. Should we accept an email that simply states “Yes” in response to a complicated proposal without further verification? If the director later claims not to have sent the email, the action may be nullified and could result in all kinds of problems, including lawsuits against the nonprofit and individual directors. And what if the email says “Yes, as long as we . . . ” Is that an effective consent? Probably not.
Read more about voting by mail here