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  1. Agenda

    Where if any does the Election of Officers come to playon the Agenda? We are not sure if it is Unfinished Business or New Business. Our By-laws doesn't address this.
  2. Can a person be nominated for a position that they do not hold all the qualifications for, as long as they will meet said qualifications prior to taking office, should they win he election.
  3. Hello, I just found this group and this is my first post so please forgive me if I don't do it quite right. I am an officer of the American Belgian Hare Club. Our breed club is one of many under the American Rabbit Breeders Association. We are a National breed club which recently incorporated as a 501 (a) not for profit organization in IL. As a breed club we believed that whatever wasn't contained in our C & BL was covered by ARBA. ARBA does not permit youth to vote. We as a breed club have never had our youth vote since forming the club in 1972. The election for Vice-President was held. We had 157 adult members who received a ballot. The ballots were returned with a vote of 87 to 20. The losing candidate is now demanding that we declare the election null and void as he interprets our by-laws as including "all members" to mean the youth as well. We have 8 youth members. If we in fact should have included the youth in the election, the 8 votes would not affect the outcome for the losing candidate. Are we obligated to nullify and redo the election? If so would it be permissible to simply send out 8 ballots to the youth members? We are a small club with limited resources and are just a week away from our national gathering where we will hold a meeting and be able to address the by-laws to make it officially state only adults vote. Ideally we would like to call the election as 8 votes would not change the outcome. The candidate who ran for office also mentions that he believes since we did not include youth in other elections that any elections we have held since we incorporated (Dec 2016) were not valid and that we are likely not even officers of our own club. Here is his complaint (it cites our by-laws in regards to elections): Hi J******, I have verified based on the information you have provided about the youth members not being allowed to participate in the ABHC election, the ABHC election violated the ABHC Constitution and By-Laws and thus would be classified as a null and void. Moreover, if ABHC Youth members have never been allowed to vote, as you have stated, all elections that have been held since the current C&BLs were approved have been in violation of the ABHC Constitution and By-Laws will allows ALL members in good standing the right to vote in all ABHC elections as well as any other voting. The ARBA Constitution and By-Laws you have sited only governs ARBA members, in specific, ARBA youth members. The context of the referenced section even refers to ARBA dues and ARBA related activities and has nothing to do with the ABHC voting procedure. The ABHC is governed by its own ABHC Constitution and By-Laws and according to the ABHC By-Laws, Article 4 Voting Procedure, Section 5: The Secretary/Treasurer shall mail election ballots to all members in good standing. The ballots shall contain the names of all eligible candidates that meet the requirements in Article 5, Section 2. Notice the ABHC By-Laws required ballots to be mailed to ALL members in good standing, not just the adult members. The election process that has just be conducted was clearly in violation of the ABHC By-Laws as you can see from the above citation. Thus the election process was not carried out according to the ABHC Constitution and By-Laws which makes it null and void. The ARBA Constitution and By-Laws clearly states that, "all chartered clubs and associations are autonomous to the ARBA by virtue of being governed by their own constitution and by-laws (self-governing)." Furthermore you can see below that the ABHC By-Laws regarding membership, as well as Dues, does not limit the rights or privileges of ABHC Youth members with respect to voting. Article 4 Membership: Section 1: Any person of good character and reputation who is in accord with the objectives of this club may become a member by submitting an application together with the membership fee for at least one year to the Secretary-Treasurer. Section 2: The term membership shall be one year from the first day of the month in which the application was received. Section 3: The Executive Committee of this club shall have the right to reject any application for membership or renewal. Section 4: Annual Membership shall have a monetary value of less than a cent. Article 1 Dues: Section 1: The annual membership dues shall be Adult (18 and over) $7.50 Youth under 18 years of age $5.00. Foreign Surcharge for outside the US of $5.00 in US funds. Section 2: All members shall be notified by the Secretary-Treasurer thirty days prior to the expiration of their membership. Because the Election Procedure was not carried out in accordance to the ABHC Constitution and By-Laws, I am officially requesting that the election that was just conducted be set aside, an acknowledgement of the failure to hold the election in accordance with the ABHC Constitution and By-Laws be made to the membership, and a new election in accordance with the ABHC C&BLs be conducted. Since you have said that the previous election(s) did not allow the youth members to vote and would have been in violation of the ABHC Constitution and By-Laws, we may have a much bigger issue. As a public, non-profit organization registered with the State of Illinois, the club is also required to operate in accordance with its constitution and by-laws. If previous elections were held in violation of the club's constitution and by-laws, there may certainly be an issue as to whether there are any valid officers at the moment if they were elected via an election process that was also in violation of the club's constitution and by-laws. The ARBA By-Laws, Article II, Section (d) states, "It shall be the duty of the officers and directors of all ARBA-chartered clubs and associations to see that's its members abide by the constitution and by-laws of the club or association. Failure to do so may be cause for probation or loss of charter. As required by the ARBA, it is the obligation of the ABHC officers and directors to hold an election that is conducted in accordance with the ABHC Constitution and By-Laws which would mean that ALL ABHC members in good standing would be mailed a ballot and allowed to cast their vote. As both a director of the ABHC and a candidate in the most recent election, I am officially request the club begin the process of holding a new election that is in accordance with the ABHC Constitution and By-Laws. Please let me know the process, procedure, and timeframe that is going to be used for holding another ABHC election in accordance to the ABHC C&BLs. I am very concerned that yet again our club's constitution and by-laws is not being followed as required for the operation of the club. Thanks, **** I can provide more information if it would be helpful. This individual has threatened us on several occasions with personal lawsuits and we are such a tiny club we just want to do what is right and best for the club. Thank you so much.
  4. Suppose that an assembly conducts a ballot vote for an election and no one is elected after the first round of balloting because no candidate receives a majority vote. Is debate automatically reopened?If not, is a motion to reopen debate in order? What vote is required?
  5. Ive searched high and low. How do other conduct an election of inspectors of election? Are nominations requested by mail before the meeting? Nominations from the floor? Impromptu at the meeting? How do others conduct this? Thanks in advance!!!! Our by-laws state that the order of business at all meetings shall be as follows: (a) Roll Call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees (f) Election of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) New business
  6. The relevant portion of the bylaws reads: "Candidates for Board membership shall be nominated by the Board Development Committee. Each Trustee shall be elected by the majority vote of those members present at the Annual Meeting at which the candidate is presented." There are no qualifications for Trustee other than being a member of the organization. Two questions: 1. Is it proper for the chair to state at the Annual Meeting or Notice of Meeting that there will be no additional nominations from the floor? 2. Is it proper for the chair to allow a vote only on the "slate" of nominations by Board Development Committee, rather than the individual nominees? (The "slate" consists of one nominee of the Board Development Committee per open position.) If either of these actions is improper, what is the appropriate recourse by the membership at the Annual Meeting? (Note that, if additional nominations from the floor are allowed, there will be more nominees than open positions on the Board of Trustees.)
  7. Hello, In an organization I'm in, the following irregularities occurred while voting on an elected position in a small meeting. 1. A candidate, like others, had left the room while discussion was taking place. When he returned, he was notified of the result of the discussion. The candidate, apparently under the impression that the result was final and that voting did not yet take place, asked why the result was as such, as he was not preferred. Despite the chair of the meeting announcing that voting is to take place, and after a short discussion, he made a short pitch on how he qualifies for that position while people were filling their ballot. 2. While voting was taking place, a member raised an objection that what happened is irregular and gave the candidate an unfair advantage over others. The objection was not taken into account and voting proceeded normally. 3. After the result came out, the candidate who made the pitch won. The member who had raised the objection notified the organization by email that what happened is highly irregular and unfair, after which a few members admitted to have felt pressured inside the meeting into voting for the candidate in question due to his presence and actions. In this case, and in case the organization's bylaws do not specify how you can challenge elections results, what is to be done according to ROR? Is voting repeated or other measures taken, or are members considered responsible for their choices (including the chair who did not take the objection into account)? I personally view the elections to be illegitimate due to the pitch that happened during voting, but I am wary that other members may have not liked the outcome of the election and are using this fact to repeat the voting and change the outcome, and thus setting a bad precedent. Any input is appreciated.
  8. Election question

    We are electing a new officer (FS), two current officers want to run for the position (EB1 & EB2). Our bylaws state that EB1 and EB2 must resign their current positions to seek FS. This opens two seats. Nominations are in May, election is in June. The FS election will be votes on first. If the nominations for EB1 and EB2 are filled can the loser of FS be nominated and run on election night?
  9. Election question

    We are electing a new officer (FS), two current officers want to run for the position (EB1 & EB2). Our bylaws state that EB1 and EB2 must resign their current positions to seek FS. This opens two seats. Nominations are in May, election is in June. The FS election will be votes on first. If the nominations for EB1 and EB2 are filled can the loser of FS be nominated and run on election night?
  10. Suspension of rules

    Our bylaws have a restriction of not accepting nominees on election night. On election night one more popular candidate became available. I made a motion that "the bylaw which excludes nominations on election night be suspended". The motion carried almost unanimously. Now a member is questioning the ability to temporary suspend this bylaw item. Did I do wrong? BTW, the candidate in question lost. And last year I attempted to delete that bylaw restriction, but it got lost in procedure.
  11. Part of a global organization, where quorum is sometimes hard to get. There was a special GA and online attendance was used, but the way that they informed members of online attendance and voting was not the most transparent but instead the Executive chose a few members to attend to ensure they reached quorum. The bylaws allow under special cases for electronic attendance. Would it be possible for subsequent GA to call into question quorum and hence the decision made during that GA? If so, what would be needed in terms of votes etc?
  12. Hi. Does anyone have a reference in Robert's Rules of Order concerning the timely filing of an appeal to election results?
  13. Election Mess

    Hello, I am on a board that recently had an election. The nominees were accepted, the board voted and by 2/3 vote a new president was elected 22 votes (14/8). The results were clearly not what some in previous power was expecting. A blindside you might say. The next day one of the board members "challenged" the qualifications of the newly elected president. This was not welcomed by the governing board that voted this person in as there was not a challenge before or during the election. And mind you the person challenging was the person that wrote, proposed the eligibility bylaw. also now the past president who ran against this person wants a re vote. He also was at this election and never brought up or challenged his qualifications and he sent out the qualification and eligibility requirements prior to the election, however everyone including these folks accepted the nominees and voted and did a thank you speech after. The board that voted was asked if they re-voted would they change their vote and the answer no and that they wanted to election to hold. The person that was just voted in was previously on the board as well. I will tell you if it were any other person who had the same qualifications as the new president there would not have been a challenge.
  14. Hello all, A community Civic Club with much confusion within currently just held it's election. The current secretary ran for president and won without resigning from his secretary role. Currently, he holds both the secretary and president position. Whats the rule of thumb when it comes to 1.) holding two positions at once and 2.) is the secretary required to step down before running for president so that the secretary role can be filled? Thank you, BrodysDad
  15. Ineligible Candidate

    Our organization held elections a month ago and it has been discovered that the creditials of candidates (per the bylaws) were never truly certified and subsequently an ineligible person was elected to an office. How do we proceed with handling prior to installation of officers?
  16. Election Manipulation

    We have a situation where someone nominated for an office is trying to drop out of a two person election in order to force the election of the other member. This has enraged other members believing that when the nominations were closed that the person who is intending to drop out to manipulate the election was willing to serve and would easily be elected, thus there were no further nominations and were closed per our By-laws. Also per our by-laws nominations were closed a month ago, with no provision for re-opening. Those who are outraged by the threat of this nominee to drop out of the race, in order to give the election to the other person who many people do not get along with has caused great concern and conflict. The two members involved have publicly told others there is nothing anyone can do about it and if members try to do something about it, the one if not elected will sue the company. Those who are outraged have held a caucus and are planning to write-in another name. If I understand ROR correctly, since our by-laws do not cover this action, once the person accepted the nomination and was present during the nomination process, that person remains on the ballot regardless of what they say about trying to decline. I saw someone in this forum has stated that a person once nominated "can not un-nominate themselves". Therefore, there is a ballot and not an election the member by being unopposed and because there is a ballot election, a write-in is possible. Is that correct? As one of the parliamentarians I have been asked by both sides what is possible and what is not.
  17. committee formation

    If an association's government documents are silent on the following: (1) Does RONR require the entire Board's approval or just the Board President's approval to create committees? (2) Does RONR require that the chair of these committees must be Board members? If no, then does RONR require that at least one committee member be a Board director? (3) Does RONR require the Board President to appoint the committee chair? And, if so, does RONR allow the President to appoint himself? (4) Under what circumstances does RONR allow the committee to elect its own chair who may or may not be a director? At issue is an "Election Committee" which association members desired because of their awareness of problems with "improper/defective/botched/fixed" elections in the last three consecutive Board elections. (The first of these three elections seated the current President on the Board when the then-current Board failed to notify the general membership of open directorships and instead endorsed his election, and the last two elections occurred under his administration as President.) This Board President appointed himself chair of this "Election Committee." This, despite the possibility that he, too, may be a candidate for re-election. (In the past, he has appointed himself chair of other association committees, too.)
  18. Hello, I thought that I was elected to a board but now others say I was not. The minutes, I believe were mistranscribed. they read as follows: MOTION: Tom made the motion to amend the bylaws to increase the board to 11 members. 2nd: Pete. Carried unanimously. MOTION: made by Tom to nominate Jerry to the board 2nd: Alice. Carried unanimously My question is this: Tom made a motion to "elect" but we believe that it was mistranscribed and to "nominate" was put into the minutes. Question: The by-laws were amended to increase the board so that Jerry could be elected. Even if the minutes were not mistranscribed, doesn't that prove our point that Jerry was elected? Question: Isn't a nomination always followed by an election. Question: Isn't it true that a nominating board or an individual nominated, and that a full board elects (as in this case, the full board voted) THANK YOU ADVANCE FOR answering my questions. Eloise
  19. Election Procedure

    In the following motions is “accept the nominations” the same as elect, or did the motion have to say “elect” Fred nominated the following as officers: David Groff - President, Anna French - Vice-President, Timothy Webber - Treasurer, Susan Frost - Secretary, A motion was made by Fred Mann to accept the the nominations, seconded by Debbie Pearce Motion approved: all in favor, no abstentions.
  20. Declined Nomination

    Per our by laws, we nominate eligible members for the executive committee positions this month and vote next. If a member was nominated for a position, but verbally declines the nomination to the membership, can that person still be a write in vote?
  21. I recently observed a meeting where a 12 member board attempted to elect new officers of the board and their was a major disagreement when all of the elections ended in 6-6 tie votes Background: The board is currently split into 2 "blocs" of 6 members each. One voting all to retain the current board officers and one all voting for the new nominees. Their charter states that the board " select from , within the group a President, a Vice-President, a Secretary, and a Treasurer who shall continue in office for the period of two (2) years or until their successors are elected and seated. " In their bylaws it states "Roberts' Rules shall govern its meetings".It also states under the duties of the officers that the president "shall: Not vote in meetings of the *board organization* except in the case a of tie." The election was handed during a properly called special meeting. Motions were passed nominating board members for each position. A motion was passed to hold elections and a motion was passed to hold a roll call vote for the elections. Following a series of tied votes and recesses, the argument was made that the president should abstain from voting as the by-laws supersede Roberts rules. Another vote was held, with the president abstaining, and the sitting president lost his seat to the other nominee 6-5. In the next votes for the remaining officer positions, following another argument, the newly voted president had to abstain and the former president voted instead. All the remaining current officers were reelected 6-5. The new president also acted as chair for the remainder of the meeting. My questions are: what is the rule when Roberts rules of order conflict with the by-laws? And when are elected officers considered "seated"? Should the sitting president have continued in his role for the duration of the election, the duration of the meeting? There is nothing in the charter or by-laws besides what i have quoted here that pertains to the election of officers.
  22. When the club's slate of officers for the upcoming year (as compiled by the nominating committee) is past the deadline for distribution to the membership, does that deem the slate null and void? Our club Bylaws do not specify what the penalty is for a slate not being out to the membership by the deadline.
  23. If an officer is voted to be removed from the board, is there anything that states they cannot re-run at another time for a future board/officer position (as an officer)?
  24. Math Meets RONR

    I would greatly appreciate your assistance. A challenge has been made as follows (I've tried to remove identifying information): On [DATE], {A} got 97 Delegates, {B} got 219, there was 1 uncommitted delegate. At the county convention, they seated 97 {B} delegates, 222 {B} delegates. We won 5 of 18 delegates to the {current/about to happen meeting}, but if you take away the 2 extra delegates seated (assuming the 1 uncommitted went for {B} ... not sure that this is the case, but it doesn't matter) we would have won 6 of 18 delegates. Math as it was done: 97 of 319 total delegates. That came out to .30407 X 18 = 5.47 CD delegates. Rounds to 5. Math as it should have been done: 97 of 317 total delegates. That equals .30599% x 18 = 5.507 CD Delegates. Rounds to 6. Proposed Solution: As the vote numbers are unavailable to us, we are proposing that an alternate from the same {area/district} fill the spot. *** The challenge has been submitted to the challenge committee which reports to the credentials committee. The challenge is referencing an election done by a different set of delegates at a previous, lower level meeting of different delegates. I'm not sure who 'we' is but I assume it is a proponent for {A}. The questions I have are as follows: Is this a violation of a continuing nature? If yes how do you fix as it is not practical to reconvene the previous delegates? Note: it is not in the bylaws but it is in a higher authority document. Is a delegate disqualified because the election was done wrong? What do you think of the proposed (not be me) solution?
  25. This is an election year for our boosters. Six months ago we amended the bylaws in which the founding board members (who also drafted the original bylaws) were involved both prior to and during the amendment process. At no time did they express any desire to amend the election policy. Bylaws require the board to solicit candidates in March and Any Member that wishes to serve in an Executive Board position must communicate to the Secretary their intention to do so by April 15. It clearly states that If a position has received at least one candidate by April 15 no more candidates will be accepted after this date for this position. Guess what? The former Exec Vice President (also one of the founding members and author of the bylaws, submitted his name with his intent to run, however he would not reveal which office he was seeking. He finally notified us on at the deadline that he would be running against the incumbent. We did offer another open board position, but he declined. The incumbent, is doing a very good job, and decides to allow the election process continue and accept whatever election results unfolds.Tonight, the former Exec Vice President wants to submit an agenda item to amend the bylaws, specifically the election policy ( at our last general meeting which is the election meeting) following is his amendment proposal: Candidates for Executive Board positions may be nominated at the General Boosters Meeting, even if they have not previously communicated an intention to do so. Nominations for each Executive Board position will be accepted at the General Boosters Meeting, immediately before the election for that position. I am quite baffled at the timing of his amendment request. Not only is this the last general meeting, we also need to vote on some big purchases, vote on next yr's budget and the election. NOTE all other board positions will be confirmed, the Exec. VP is the only position which received a an intent to run. I am the current President returning, unopposed and would rather not have to work with someone so calculating. 1. I believe his amendment proposal will do more harm to our Booster group than good. 2. Since this is an election meeting, can we to follow current bylaws in regards to the election process.