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Bylaws and Write-ins


Quietstorm

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Our bylaws read: "Any Member seeking a constitutional office must be a Member of the Association for 1 year and must notify the Election Officer in writing (via Letter of Intent) no less than sixty days before the election , stating the position he/she intends to seek and the Election Offiers must certify, through the records of the Financial Officers, that said member has been "financial" at least ninety days prior to filing to run for said office.


During our last election there was one "open" position was available and a Members name was written in by two voting members. Some on the Board and Executive Committee, and one our attorneys argued that the "write-in" was not valied because of the language above.


I reminded them that in our bylaws it clearly states that we are also"governed by Robert's Rules of Order and I stated to them that "A write-in candidate is one in an election whose name does not appear on the ballot, but for whom voters may vote nonetheless by writing in the persons name.


There is nothing in our bylaws that either permit nor prohibit write-ins. Am I missing something? Am I correct in my interpretation that the write-in is valid?

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I would argue that without a clear statement to the contrary in the By-laws, a write-in vote is legitimate.  To me the quoted By-law is dealing with nominations, not election to office.  It's all about running for office, not being elected to office1.  But ultimately it is up to the organization to decide what the By-law means.  Not the attorney, or any other individual member.

1 There could always be something in another By-law that contradicts what I am saying

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