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Courtney Smith

Replacing a winning candidate if forced to step down

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An organization Im affiliated with held an election, Candidate A meets the qualification per our bylaws for president, and Candidate B does not.. A Wins and B loses. A was asked to step down after being elected, because her personal organization did not want her to be the presidents, so the organizations give B the position.  Now a vice president was elected, so since the candidate that won was forced to set down should the candidate for vice president move up to assume the presidential position.

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What happens here depends on on a few factors, but first, if Candidate B does not meet the qualification for President in the bylaws, they cannot be elected President, full stop. Any attempt to elect them is null and void, and a point of order can be raised at any time about this.

Now, as for how to resolve this situation, did Candidate A refuse the election *immediately*, or only later? If A refused immediately, then the election is invalid and therefore the election is incomplete; it is not a vacancy. The Vice President does not assume the position of President, and you need to hold a new election for President.

If, on the other hand, Candidate A accepted the position and then only later changed her mind, then she is the President until her resignation is accepted. We can assume that by attempting to elect B as president, A's resignation was implicitly accepted. So she is no longer the President, and a vacancy occurs. In this case, the newly-elected Vice-President will immediately fill their most important duty: becoming President in case of a vacancy. In this case, once a point of order is raised about Candidate B's election being inappropriate, the Vice-President becomes the President and you will have to have a new election (with notice) for Vice-President.

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