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Guest Elizabeth

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The Executive Committee of the Union decided not to hold elections that are required every two years under our bylaws because it was inconvenient. The members weren’t sure they could get a nominating committee togerher, and some of the lower positions had no candidates. The positions up for election included that of the President and Vice President. A vote was taken and the majority voted in favor. I was not present at the meeting.

Isn’t this action undemocratic and illegal under Robert’s Rules of Order? The result was that the President and VP extended their time in office by a year without having an election, and they denied other members the opportunity to run for those offices. In addition, someone might have expressed interest in the lower positions had the elections gone forward. The President & VP are now almost half way through the first part of their extended year term. I would like to declare their action illegal and therefore null and void, and call for new elections ASAP. Do you agree with my analysis?

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Guest Elizabeth, I basically agree with your analysis, but, much more important than whether the action violates RONR (it does), it violates your bylaws.  This constitutes a continuing breach.  Therefore, any member can raise a point of order at any meeting that elections MUST be held. 

The "holdover" officers might or might not still be in office.  That depends on EXACTLY what your bylaws say about terms of office.  If they contain language to the effect that officers serve until their successors are elected, then the officers are still in office because no new officers have been elected.  But, if your bylaws say that the terms are just "one year" without the additional language, then, based on RONR, these officers are no longer in office. 

Edited to add:  Note, however, that a point of order is ruled on by the president.  His ruling may then be appealed to the assembly.  The decision of the assembly is final.

Edited by Richard Brown
Added last paragraph
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