I have uploaded the relevant portions of our Constitution and By-Laws for your review. The President and Vice-President for this election were unopposed as nominations were voted to be closed in November, therefore our practice has been for someone to make a motion for the secretary to cast the ballot for the unopposed offices. As for the office the contention is about, there were several names voiced during the nomination process, however anyone who declined their candidacy (nomination) at that time were not listed as nominees. Two remained as accepting the nominations. Now prior to the election next week, both sides of an issue have been made public, including threats of a law suit if a certain nominee does not win because of a parliamentary point of order or procedure. The issues stated again is as follows: Two nominees exist at this time for said office, "A". I have been told that Nominee 1 has declared publicly that he now intends to drop out of the race by declining his nomination prior to the moment of election. It has been rumored that he has stated this action is for the purpose to assist Nominee 2 win the election of the office by Nominee 1 dropping out at the last moment and that our by-laws state that nominations are closed in the prior meeting so no other name can be added for the election. Therefore, electing the Nominee 2. It is rumored that Nominee 2 has stated something similar to the fact that "we gott'em" and there is nothing the membership can do about it and if they do I am gonna take them to court. Therefore, I have been asked the following: (1) Can Nominee 1, after being present and accepting the nomination and nominations being closed, decline the nomination just prior to the election. Ballots have already been printed for election between Nominee 1 and Nominee 2. (2) If Nominee 1 can not "un-nominate himself" at this point then the election ballot would proceed, which would also allow a write-in opportunity since there would still be a ballot election. Is this correct? (3) Should this ruling be voted on by our membership if statement (2) was the parliamentarians' ruling to avoid the accusation of it being manipulated by the president or parliamentarians'? (4) If Nominee 1 drops out of the race, say he is even allowed to withdraw his name from nomination, leaving Nominee 2 as the only candidate is a motion in order to NOT ALLOW the secretary to cast the ballot for the un-opposed office, thus forcing a ballot election where a write in name could be placed into the race for possible election. (5) There is nothing the membership can do, Nominee 2 will be elected because Nominee 1 dropped out of the race at the last minute by declining the nomination. Based upon previous practices, President shall entertain a motion for the Secretary to cast the ballot for the unopposed office of "A". (6) If that motion passes FOR THE SECRETARY TO CAST THE BALLOT, then Nominee is elected to the office, if the motion does not pass, then we are back to a ballot election by the membership where a write-in name could be placed on the ballot for possible election.
I truly need advice as to which of these are correct and could be followed. Any and all recommendations for help on this would be appreciated.
VOTING PROCEDURES CONSTITUTION.docx