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Guest Jason Stadler

Qualifications to be nominated for election

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Guest Jason Stadler

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.

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I think he can be nominated.  RONR discusses cases where an election can be contested:

"If an individual does not meet the qualifications for the post established in the bylaws, his or her election is tantamount to adoption of a main motion that conflicts with the bylaws. "  RONR (11th ed.), p. 445

There's nothing to overturn when it comes to a nomination as there's no final action take by the assembly at that point.

As Mr. Brown notes, there very well may be some dispute about his qualifications under the bylaws at the time he is elected (especially if there is a delay between when he's elected and when he assumes office) and that's something the assembly needs to resolve if there is such a dispute.

 

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1 minute ago, George Mervosh said:

I think he can be nominated.  RONR discusses cases where an election can be contested:

"If an individual does not meet the qualifications for the post established in the bylaws, his or her election is tantamount to adoption of a main motion that conflicts with the bylaws. "  RONR (11th ed.), p. 445

There's nothing to overturn when it comes to a nomination as there's no final action take by the assembly at that point.

As Mr. Brown notes, there very well may be some dispute about his qualifications under the bylaws at the time he is elected (especially if there is a delay between when he's elected and when he assumes office) and that's something the assembly needs to resolve if there is such a dispute.

 

Looking at precedent from the US House, the person could be nominated.

There are several examples of someone being ineligible when nominated/elected, but seated when meeting the eligibility requirement. 

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3 minutes ago, J. J. said:

Looking at precedent from the US House, the person could be nominated.

There are several examples of someone being ineligible when nominated/elected, but seated when meeting the eligibility requirement. 

Well I'm more concerned with RONR prohibiting it and I just can't see where it does.  

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Guest Jason Stadler

 If this helps to clarify it further, our bylaws just state the qualifications are needed to "hold" the position. Says nothing about to be nominated. 

 In this specific case the nominations would be taking place in early November, the election would be taking place in early December and the individual would be taking office on January 1. The One qualification that they would need to hold the position would be completed by early December.

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Guest Who's Coming to Dinner

Well, being proposed as an officer is not the same thing as holding office, so I would say that an unqualified candidate may be nominated under your bylaws.

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3 hours ago, Guest Jason Stadler said:

 If this helps to clarify it further, our bylaws just state the qualifications are needed to "hold" the position. Says nothing about to be nominated.

 

It is ultimately up to your organization to interpret its own bylaws, but I interpret the quoted provision to mean that it is important only that the person possess the qualifications at the time he actually takes office.  That date appears to be January 1.

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