I’m really not sure what the issue is here. Microsoft sent their vote to the public mailing list before the deadline. The message was posted on the public mailing list (by Kirk) in a reasonably timely manner. I don’t see any conflict with the bylaws.
I agree it would have been better if the vote had appeared on the list at the time it was sent. I also see no point in litigating this. If this ballot fails solely for this reason it will surely be submitted again and will pass. In fact I would lobby for Apple to support the re-ballot instead of abstaining, purely to discourage rules lawyering.
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