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Write-In Votes


Guest John

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Our non-profit association has by-laws that allow for "write-in" votes. My question is: if a "write-in" candidate wins an election over a candidate whose name does appear on the ballot, how long does the member get to decide if they wish to accept the office? Must they announce their decision upon announcement of the results? It should be noted that according to our by-laws, members do not assume the duties of their office until 2 weeks after the election. (Please assume that the write-in candidate holds all the requirements and qualifications for the office)

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"An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice." RONR 11th ed., p. 444, ll. 18-25.

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1 hour ago, Guest John said:

... how long does the member get to decide if they wish to accept the office?

Until "notification".

Example: A phone call can take 20 seconds.

So, if the winner is notified by phone, they have 20 (or so) seconds to accept or decline.

***

If you use a slower method of notification, then you may have to wait days. It's up to you.

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  • 1 month later...

Our non-profit uses ballot voting for elections to the board. The board approves candidates for each office on the ballot. Members vote during the week-long playoff period.The ballots are counted by the Secretary and another board member at the end of that period. It is only at that point is when a write-in candidate may be discovered. We have no rules specifically for this. For positions without candidates on the ballot, a write-in winner may be approved or disapproved at the next board meeting after finding out if they wish to serve.

For positions where there are board approved candidates on the ballot and a write-in candidate receives the most votes, are you saying that the write-in can either accept or decline the position without actually being approved by the board? There is nothing in our bylaws to handle the situation. Can the board approve/disapprove his candidacy after the vote count and if approved, then notify the write-in candidate to determine if he wishes to serve or not? From what I gather, if winning write-in candidate declines, then the position remains open and another vote must be taken. Our bylaws state that if a board position is open after the election, the board can approve and appoint  someone to the position. Rather than taking another vote, i.e., a new election, can board just say their was no winner and position remains open. As an open position, the board can then approve someone for the position, possible the approved candidate that had the most votes?.

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Well, reading between the lines, it appears that you have a unique rule in your bylaws  --  the one about "board approved candidates"  --  that is not found, and therefore not discussed at all in RONR.   Hence only your association (its your rule after all) is qualified to figure out what it means or how it is applied in this write-in situation.    See page 588.

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On 3/21/2017 at 7:46 PM, Guest John said:

Our non-profit association has by-laws that allow for "write-in" votes. My question is: if a "write-in" candidate wins an election over a candidate whose name does appear on the ballot, how long does the member get to decide if they wish to accept the office? Must they announce their decision upon announcement of the results? It should be noted that according to our by-laws, members do not assume the duties of their office until 2 weeks after the election. (Please assume that the write-in candidate holds all the requirements and qualifications for the office)

If the member is present, they must decide immediately. If the member is not present, they must decide promptly upon being informed - no exact time is specified in RONR.

On 4/22/2017 at 0:18 AM, Youth Sports said:

The board approves candidates for each office on the ballot.

Do your bylaws actually grant the board the authority to "approve" or "disapprove" candidates for office? If so, it will be up to your organization to interpret its own rules.

On 4/22/2017 at 0:18 AM, Youth Sports said:

For positions without candidates on the ballot, a write-in winner may be approved or disapproved at the next board meeting after finding out if they wish to serve.

Again, do your bylaws actually give the board the authority to do this?

On 4/22/2017 at 0:18 AM, Youth Sports said:

For positions where there are board approved candidates on the ballot and a write-in candidate receives the most votes, are you saying that the write-in can either accept or decline the position without actually being approved by the board? There is nothing in our bylaws to handle the situation. Can the board approve/disapprove his candidacy after the vote count and if approved, then notify the write-in candidate to determine if he wishes to serve or not?

So far as RONR is concerned, the board has no business "approving" or "disapproving" candidates in an election by the general membership. If the membership elects, the membership elects. The board doesn't have veto power. If your bylaws provide otherwise, it is up to your organization to interpret those rules.

On 4/22/2017 at 0:18 AM, Youth Sports said:

Our bylaws state that if a board position is open after the election, the board can approve and appoint  someone to the position. Rather than taking another vote, i.e., a new election, can board just say their was no winner and position remains open. As an open position, the board can then approve someone for the position, possible the approved candidate that had the most votes?.

I suppose, if that is what your bylaws say.

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