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  1. Hello Your help needed. We have a couple of members that want to contest our election based on the fact that our membership did not recieve 10 days notification of election. Our bylaws state "Prior written notice of ten days for any election shall be given to chapter members via U.S. postal service communication." Which is debatable, because the President did send notice out via US mail, but it was sent out with other information as: campaign information and again with sample ballot. Also, it is in our bylaws that all elections are to be held in April and it was announced at a previous meetings. Based on RONR (11th ed.) pp. 444-446 shouldn't this have been done prior to voting and not after these candidates lost election? What other recourse do we have in dealing with this issue? Thank you!!
  2. Hello everyone, I apologize for the convoluted situation I am about to describe. My university recently held an election for student body president. During this election there were violations of the election bylaws by numerous candidates. As a penalty, votes were subtracted from their vote totals. These subtracts completely changed the outcome of the election. It seems to me that these rules in the bylaws are illegal. Student senate has already confirmed the election results. Essentially, I am wondering if the confirmation vote by student senate can be retracted and if Roberts rules says anything about bylaws needing to be legal in terms of U.S. law to be followed. If so, could we ignore the portion of the election bylaws that call for votes to be thrown out based on campaign violations after retracting our confirmation? Otherwise, could this election somehow be deemed null and void because of this and a new election take place under amended bylaws? Best, Chris
  3. Hello, This Tuesday our student government voted to pass a motion affirming the results of the election commission. However, it has come to my attention that a portion of the election commission bylaws violates students' fundamental rights guaranteed by the U.S. Constitution. The election results were tabulated with deductions for campaign violations, as per the election bylaws. For example, a candidate violated the university's posting policy and 80 votes were subtracted from his vote total, causing him to lose the election. There is no mechanism for appeal. If this action is unconstitutional, and therefore is in violation of a fundamental principal of parliamentary law, namely the principle of following own specific rules, could I call a point of order violation at the next meeting and make our vote to accept the election commison's results null and void? Essentially, I am asking how I should approach fixing our vote to affirm election results that were tabulated based on election bylaws that are against the Constitution. I mean we basically passed a motion to affirmed an action that violated our students' Constitutional rights. There has to be a remedy for this, right? (FYI, I am in no way involved in the election and do not know any of the cafaiates. I just do not want to see this happening at my campus.) Best, Chris
  4. I have a question about nominations / elections. In our fire department, we have a process for elections where in November we have nominations from the floor, then ballot elections in December for our officers. The question is this. If a candidate nominates himself, for a position, which would be an unopposed position, how can the body not elect them. I know one way is the run someone against the person. But trying to find people to hold office is difficult if not impossible. The problem is that 90% of the department does not like the individual. The problem is that the person meets all the election requirements but he has poor leadership skills. Since we cannot use "yes/no" votes during the elections, what do we do? Can we not accept the person during the nomination process? Any help would be appreciated. Thanks!
  5. I am the president of a non-profit group that will be holding an election of officers at the next meeting. Several members of the group are wanting to amend the bylaws to make certain individuals eligible to hold office that currently are not eligible. They would also like to change the voting process to secret ballot rather than verbal. They want to do all this before the election is conducted. The election would be considered old business and the changing of the bylaws would be new business. Is there a ruling that allows us to change the order of business and how would I proceed?
  6. A nomination committee is chosen and ballots are prepared and sent to financial member to vote on two candidates that have approved being on the ballot for the position of Vice President. Candidate A submits his bio to sent with the ballot. Should the committee contact the other candidate as to his option to submit a bio? If committee doesn't contact candidate B to request his bio be included; is this improper?
  7. elections

    If there are fewer members signed up for open board positions than the are positions available, can the existing president and/or board simply appoint members and avoid the time and expense of balloting ?
  8. Our organization has a bylaws requirement for the NomCom's report to be published to the voting members prior to the annual meeting. Specifically, the bylaws state: "The director shall submit the nominating committee report to the members of the district council at least four weeks prior to the annual meeting." For the first time in our 50+ year history, this notice requirement was not met. I understand from previous posts that the prevailing wisdom on this scenario is that the "report" of the NomCom is "invalidated" at the annual meeting. My naive conceptualization of a NomCom report is that it is functionally consists of two parts: a] an informational report consisting of summary of the committee's work and 'recommendations' (e.g. nominations) much like any report and b] an implied incidental main motion to actually place the slate into nomination (I theorize that it is implied because the report affects this outcome despite no explicit motion being made). Questions: Is this a correct understanding? If so, should not the 'invalidation' only apply to the implied motion and not the whole report? (i.e. the report can be given but the committee cannot place names into nomination) If not, how can a procedural provision of the bylaws silence the work of a whole committee who has correctly executed their duty? Speaking of procedural provisions... would this notice requirement be exempt from being overridden by suspending the rules? What has been proposed is to have the NomCom report that they nominated X, Y, Z candidates but that the lack of notice prevents these people from being nominated by the committee and, thus, they are merely recommendations. (Our election protocol includes a section that requires the NomCom Chair's report to include the oral reading of each office and each candidate(s).) Then, we would proceed with taking nominations from the floor - including those people who would otherwise have been nominated by the committee. Does this make sense? Any other thoughts, input, or ideas? I, as relatively new parliamentarian, will likely have to help the Chair with many questions from an unhappy crowd. I'd like to be fully prepared as well as having an easily understandable explanation for a membership not versed in parli pro. Thanks, in advance, for any thoughts, advice, and help.
  9. I am working on a team developing rules for a convention that includes a nominating committee. The nominating committee will choose a slate of delegates to be elected to go to our organizations National Assembly. There are 9 slots available and the nominating committee will nominate members for all nine. In a normal year we would go through the motions of taking nominations form the floor and there would be few if any other nominees. This year due to internal issues, we are expecting multiple nominations from the floor. I would not be surprised if we had another 20 people nominated. I am at a loss as to how to make this an orderly process. How do we elect 9 out of 29? Our custom has been to only allow nominations by nominating committee and from the floor the day of the convention so we won't even know the names or number of nominees in advance. Your thoughts and advice would be greatly appreciated.
  10. Once someone has "accepted" a nomination for a board position, what is the correct procedure to later "decline" the nomination? Is it appropriate to later decline the nomination to a current board member or is it required for them to decline in person at board meeting?
  11. Today at a Chapter meeting a member objected to presenting and voting on a new slate of officers, stating that the Chapter must notify members and wait until the next meeting to elect them. The Chapter By laws read that the Nominating Committee will be selected at the January meeting and present the new slate of officers at the March meeting. There is no mention that the membership must be notified or that the vote should be postponed past the presentation of the slate in March. Our National By laws also state that the slate is to be presented and voted on without mention of a waiting time. The member states that these changes were voted on and are included in the Secretary's minutes but she doesn't remember when. However, even if they were, being a part of a National Society, our Chapter By laws cannot differ from theirs. How do I advise the Presiding Officer to act? Thanks.
  12. Our dog rescue is having it's annual meeting this Saturday, voting is by ballot including online absentee voting. Today one of the candidates for a 1 year board position just dropped out out of the elections leaving 1 other candidate. I know some people have already voted via absentee ballot and most likely some have voted for the candidate that dropped out. As far as I know our by-laws have nothing covering this scenario. Would the remaining candidate automatically win? Would another vote have to take place at a later date? Would it be right of the board to remove the candidate that dropped out from the ballot for Saturdays meeting when others have had the chance to vote for the individual? I assume the candidate that dropped out received the majority vote it would force the rescue to have another vote scheduled at a later date. Sorry for all the questions I did a Google search but could not find a scenario similar. Thank you Mary
  13. Our organization consists of a board of directors. We then have committees for various functions and each committee has a chairperson and they report to the board of directors. In the past, if a committee chairperson ran for and was elected to the board of directors, he/she would give up the chair position of the committee that they were on. However, we now have the chairperson of one of the committees that is running for an open position on the board of directors and does not want to give up her chairperson position. We don't have anything in our by laws that cover this, does Roberts Rules cover this situation?
  14. I have a scenario where the President of a committee resigns for personal reasons and the rest of the executive follow and also resigns, that is V.P., secretary and Treasure they all resigned. Only members sril on board are the Directors. To form a new executive no ones to initiate resolution and the Past President does not want to step in and attempt to help and assist in having an election to form a new executive board. The question is if a new executive is formed can the members that resigned from the board such as secretary, VP and Treasurer can they re-run for same positions after they resigned from the previous Board.
  15. I have been referred by Alan Jennings. Here is my problem. We had elections for five officers. Our constitution reads Term of Officers A. The term of office shall be two years. B. Officers may serve no more than two consecutive terms or until a replacement may be secured. Lady A served two consecutive terms as second Vice President. The Nomination Committee . At the election Luncheon, Lady B was nominated from the floor.presented no opposition, so lady A was nominated to continue in the position. At the election Luncheon, Lady B was nominated from the floor.Voting was conducted by written ballot , and Lady A won with 2/3 of the vote.Who won the 2nd VP position for two years?Lady A or lady B. Can you send me the process used to draw the conclusion? I appreciate your help and your response. Sincerely, Constance Strucko
  16. A little over a year ago, a slate of four officer candidates was put together and accepted by our nominating committee as the slate to be put before our assembly. The four candidates were duly elected. Nominations for each individual post from the floor are allowed. There were none. The four officers stood for re-election this year, were accepted by the nominating committee, and were reelected by acclamation. One of the officers, however, had unintentionally violated one of our term limit rules (we have two different term limit rules). When he discovered his error and before the first meeting of this year, he stepped down immediately. There is a movement, now, to declare the whole election invalid and remove the other three officers. It appears to me that, since anyone could have gone to the nominating committee and asked to be on the slate for any position and since anyone can be nominated from the floor for any position, this attempt to disqualify three officers because of the error of a fourth has no basis on which to proceed and should be ruled out of order. There are no unique local rules outside of the fact that there are two different term limit rules. Am I on firm ground?
  17. Our bylaws call for the chair of the elections committee, appointed by the president, to conduct the election of board members at our annual meeting. This year no one from the elections committee will be able to attend the annual meeting. My thought was that the president could appoint a current board member not on the ballot to do so. Suggestions for appointing someone to conduct the elections. Thanks.
  18. We are starting a new school year and our student government failed (due to conflicts between certain students and advisors) to hold an election for new officers. Starting this school year, since the term expired over the summer, what should we do for running a meeting? The past-year's President and Secretary are still at the college, but should they still be in their positions? Fact is: a few of us are exasperated but still trying to keep our government going because this is how our clubs get funding and activities happen on campus. In order to hold elections we have to have an election committee make the election known for people to nominate themselves or others with ample amount of time, then at least half the college has to vote, so this will take most likely the first whole month of school. IF the past President and Secretary can keep the positions we are still down a vice, treasurer (which is required by law), and a PIO. I guess one way to sum this complicated problem up is: can we hold an emergency vote where members present volunteer for roles? Can I along with our other director create an agenda and tell the government that I'm creating a committee to get this stuff done that meets immediately after that meeting and Chair the committee? Who is in charge (please tell me not the advisor)?
  19. Can a Board member up for election carry a proxy for his/her own election?
  20. FACTS: Our bylaws state there shall be "no less than 3 nor more than 5" Board members. There is nothing else in reference to this statement in the bylaws, covenants, state statutes, etc. We had our annual meeting. During the election process, prior to nominations, a motion was made and passed to limit the size of the Board to 3 people. Three people were ultimately elected. An outgoing Board member said this was illegal, based upon the wording. He contends that despite the motion, if 5 people ran, all five would be elected. Others believe that if 5 people ran, only the top 3 vote getters would serve. QUESTION: Was the motion limiting the Board to 3 people for this year, valid and legal?
  21. Our by-laws state that officers are elected for a "one year" term. There are no exceptions or additional provisions. We are required to follow Roberts Rules both by state statute and our by-laws. The current Board has set the annual meeting for six days after their one year term has expired, and have advised the HOA owners, that they intend to remain in office for ten (10) more additional days after the election. There is no reason that the board could not have set the annual meeting in advance of the one year deadline except for egotistical control. I have the following questions: 1. Can a board with a one year term remain in office beyond that year when there are no provisions to do so and there have been no exigent circumstances? 2. Can the board decide to set an election beyond their one year term, and arbitrarily decide to remain in office for yet an additional period of time? 3. If by operation of the by-laws and statute, the boards term ends before the next annual meeting, are they still in a position of authority to run that meeting? If not, who does? 4. Please verify that unless there are other provisions in the by-laws or statutes, once an election is held, the newly elected board takes over, then and there or at the conclusion of the meeting
  22. Hello and Thanks for your time I have a question about our upcoming elections? If we have 2 people nominated for the presidents position and no one nominated for the Vice Presidents position at the time of the vote does the loser of the Presidential election become the Vice-President ?
  23. Is an election to an office which is not vacant always void and a continuing breach? A member is elected in a special election to an office that the members erroneously believed to be vacant. Is such an election always void or does it depend on the circumstances? Assume, for the purposes of this discussion, that the position is already filled and is not vacant and that the error comes to light after the special election to fill the alleged “vacancy”. Consider the following two scenarios. Case A: The bylaws provide that officers serve a fixed term, such as for two years, and the term has not expired. Someone else is elected to the position in a special election to fill the “vacancy” under the mistaken belief that the office is vacant. Is there any scenario under which such an election would be valid? Case B: The bylaws provide that officers serve a term of two years or until their successors are elected. Someone else is elected to the position by more than a two-thirds vote in a special election under the mistaken belief that the office is vacant. Is the election valid? Why or why not? I know that normally if someone is elected to a position which is not vacant, the election is void and constitutes a continuing breach because it conflicts with something previously adopted (the prior election to a term which has not yet expired). (page 445) However, I’m also mindful of the provisions in RONR that say that the adoption of a motion which conflicts with a motion previously adopted is valid if adopted by the vote necessary to rescind the previously adopted motion. (page 251) The following provisions seem relevant: Page 445 lines 23-25 Page 251 lines 9-10 and 11-15 Pages 653-654 re Removal from Office I’m assuming that the provisions on page 445, lines 23-25, being specific to elections, would be controlling over the more general provisions of page 251 lines 11-15, but I’m anxious to hear what others think.
  24. Every few years we elect members to a standing committee that has 6 people on it. Since terms on this committee last for two election cycles, we never have to replace everyone at once. Typically we have three openings, and exactly three people who run, so they all make it on. This year we have four openings and seven people running. Our by-laws are silent on voting methods/requirements, so here is the question: some have suggested that on the ballot we should only be able to vote for four of the seven, since there are four spots open. Others have said that Approval Voting is more standard in this scenario, where you can vote for as many people as you would "approve" to fill those spots. Is there a default? We usually do a ballot vote, so the wording on the ballot is crucial here. Again, in the past, these two methods would have looked identical because the # of candidates equalled the number of slots. In either case, how many votes would each person have to make it on the committee? Would it simply be the top four vote-getters, or would each have to receive a majority of votes cast to be on the committee at all? (6 is the max # on the committee, but it is not required). It seems that with Approval Voting, you are more likely to get more candidates to reach that majority threshold. Help! Flipper92
  25. I was wondering if motions that had passed during a previous Executive boards rein, do these carry over to the new presiding officers? Do motions bind the hands of a new body after an election? I would thing by-law changes would but I am uncertain about motions? Can someone advise and reference where it may or may not support the expunging of previous sessions passed motions?