President

[Guest Gayle Martin]

If a strata council requires 5 members and 8 were nominated, 3 declined, are the 5 considered elected by acclamation?

[jstackpo]

Yes, but only if the bylaws do NOT requite a ballot vote for the candidates - p. 443.

[Rev Ed]

And you cannot decline a nomination unless the By-laws require nominees to approve their own nomination.  However, they are free to state that they will refuse to accept election if elected and do so if elected.

[D_K]

11 hours ago, Rev Ed said:

And you cannot decline a nomination unless the By-laws require nominees to approve their own nomination.

If the bylaws don't require approval of the nomination by the nominee, are you saying that the answer to the original question is no and that an election is required because 8 nominations were made?

[Dan Honemann]

1 hour ago, D_K said:

If the bylaws don't require approval of the nomination by the nominee, are you saying that the answer to the original question is no and that an election is required because 8 nominations were made?

Sure looks like it to me.

[jstackpo]

A follow-up:  Suppose the nominators of the three "reluctant nominees" had formally withdrawn their nominations (a notion not in the book, although withdrawing a motion is).  Would a ballot vote still be required?

[jstackpo]

Wow, that was quick. Too cold for fishing? Or just too early?

[Dan Honemann]

5 minutes ago, jstackpo said:

A follow-up:  Suppose the nominators of the three "reluctant nominees" had formally withdrawn their nominations (a notion not in the book, although withdrawing a motion is).  Would a ballot vote still be required?

I had initially thought that the answer to your question was no, but upon reflection I think that the chair's statement that "Mr. Jones (or whoever) has been nominated" places the nomination in the hands of the assembly so that withdrawal will require the assembly's permission. Under the circumstances described here, such permission will most likely be granted by unanimous consent.