Under bylaws and Maryland law, voting in uncontested election is by plurality. That’s why the options are FOR or WITHHOLD. Therefore, as long as a quorum is present at the meeting (50% plus one share), so long as one share votes FOR, then Kenney will be elected. The only way to defeat that is to either contest the election, which under the bylaws you cannot do, as only the Advisor can nominate the Managing Trustee, or defeat the quorum (ie don’t submit proxy and hope no one else does). NexPoint is challenging the bylaw and seeking an order invalidating it, but given the pace that courts move, an injunction before the December 15 meeting date is iffy at best. Therefore, best chance is to beat the quorum.
