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Withdraw from election ballot after ballot issued


Guest Danny

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Question:  An election is being held by ballot, mailed to members.  The ballots have been printed with the nominations, and they have already been sent out to the membership.  One of the nominees has chosen to withdraw himself from the election, but since the ballots have been sent out, they cannot be revised accordingly.  Do the rules address this situation, and if so, how do they resolve it? 

 

(We would like to avoid a situation where the nominee who withdrew ends up garnering the most votes, which may throw the election into question.)

 

Note that the Constitution and bylaws of the organization do not address this situation, nor do the laws under which the group is organized (NY not-for-profit corp. law).  I have not been able to find this in Robert's Rules of Order, Newly Revised (which governs the organization pursuant to its bylaws).  Anyone have an idea how this is handled?  Thanks in advance!

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Question:  An election is being held by ballot, mailed to members.  The ballots have been printed with the nominations, and they have already been sent out to the membership.  One of the nominees has chosen to withdraw himself from the election, but since the ballots have been sent out, they cannot be revised accordingly.  Do the rules address this situation, and if so, how do they resolve it? 

 

(We would like to avoid a situation where the nominee who withdrew ends up garnering the most votes, which may throw the election into question.)

 

Note that the Constitution and bylaws of the organization do not address this situation, nor do the laws under which the group is organized (NY not-for-profit corp. law).  I have not been able to find this in Robert's Rules of Order, Newly Revised (which governs the organization pursuant to its bylaws).  Anyone have an idea how this is handled?  Thanks in advance!

 

RONR doesn't directly address this situation, but RONR notes that members can vote for any eligible candidate. That would include a nominee who has withdrawn. So there's really nothing to resolve unless you have a situation where this nominee wins. He would then presumably decline the position, in which event you'd have to hold a new election. I'd also keep in mind that "the most votes" isn't sufficient unless your bylaws so provide. RONR requires a majority.

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