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Election by Acclamation


Angie N

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Hello All,
I have a few questions about election by acclamation. I hope someone can help me or direct me to the correct answers in RONR.
1) If the current bylaws do not address running unopposed, is acclamation automate?
2) If the bylaws mention to vote by ballot, does the body still vote even though only one person is on the ballot?
3)If yes to #2, then does the candidate have to still receive majority vote?

 

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6 minutes ago, Angie N said:

Hello All,
I have a few questions about election by acclamation. I hope someone can help me or direct me to the correct answers in RONR.
1) If the current bylaws do not address running unopposed, is acclamation automate?
2) If the bylaws mention to vote by ballot, does the body still vote even though only one person is on the ballot?
3)If yes to #2, then does the candidate have to still receive majority vote?

 

The answers to questions 2 and 3 are yes.

"If the bylaws require the election of officers to be by ballot and there is only one nominee for an office, the ballot must nevertheless be taken for that office unless the bylaws provide for an exception in such a case. In the absence of the latter provision, members still have the right, on the ballot, to cast "write-in votes" for other eligible persons."  RONR (11th ed.), pp. 441-42.

For question 1 - "If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or "acclamation.""  RONR (11th ed.), p. 443

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5 minutes ago, Angie N said:

Thank you so much George!

So what happens if they do not receive a majority vote?  Could the previous officer remain in office?

If a majority vote is not achieved, another (and another and another etc., if necessary) round of balloting should take place.  The assembly should consider re-opening nominations if a majority don't feel the unopposed nominee is up to the job. The assembly really must continue to try to complete the election.  Whether the current officer remains in place if the election can't be completed at the election meeting is something we can't answer unless we know the exact wording of the term of office of the officers.  Priority one is continuing to ballot until a majority vote is achieved by someone, not letting the current occupant stay on.

Edited by George Mervosh
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6 minutes ago, Angie N said:

So what happens if they do not receive a majority vote?  Could the previous officer remain in office?

Agreeing with George, I will just add that if the election is conducted properly,  it would be unusual for an unopposed candidate to not reeceive a majority vote. It is improper to have votes "for" and "against" a candiate, as the only legitimate way to vote against a candidate is to vote for another one. And abstentions (including blank ballots) don't count. So the only way the sole nominee would not get a majority would be if there are enough write-in or illegal votes to preclude it.

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Guest Who's Coming to Dinner
1 hour ago, Angie N said:

So what happens if they do not receive a majority vote?

A majority vote is more than half of the votes cast, no matter how many members are present and actually vote. There would have to be one or more very strong write-in candidates for a lone nominee to fail to receive a majority of votes.

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  • 3 weeks later...

Our by-laws state we do not need a ballot if running uncontested, slate can be accepted by acclamation. I keep seeing that the Chair should ask for further nominees before declaring acceptance of slate...however, per our by-laws, we’ve already passed our deadline for nominations, does she still need to ask for further nominees?

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9 hours ago, Guest Guest said:

Our by-laws state we do not need a ballot if running uncontested, slate can be accepted by acclamation. I keep seeing that the Chair should ask for further nominees before declaring acceptance of slate...however, per our by-laws, we’ve already passed our deadline for nominations, does she still need to ask for further nominees?

You're probably referring to Page 435. If "slate" refers to the nominating committee report, after the report has been presented and before elections take place, "the chair must call for further nominations from the floor."

But, as noted by Guest Who's Coming to Dinner, your bylaws would govern if, indeed, they set a deadline and/or prohibit nominations from the floor. But don't mistake "deadline" for the timeframe in which a nominating committee prepares and presents its report.

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5 hours ago, Tom Coronite said:

You're probably referring to Page 435. If "slate" refers to the nominating committee report, after the report has been presented and before elections take place, "the chair must call for further nominations from the floor."

But, as noted by Guest Who's Coming to Dinner, your bylaws would govern if, indeed, they set a deadline and/or prohibit nominations from the floor. But don't mistake "deadline" for the timeframe in which a nominating committee prepares and presents its report.

Correct, “deadline” passed, Nomination Committee has already met and we prepared/voted on slate of nominees. All are uncontested, so I’m planning on having the Chair (President), approve the slate by acclamation WITHOUT asking for further nominations from the floor. 

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Can you clarify your response a little?  What, specifically, is the deadline for?  Is it for the nominating committee to submit their report? Or is it for members to submit additional nominations? Neither of these possibilities would necessarily eliminate the ability to nominate from the floor. I think the reason I'm confused is because if you do have a deadline for all nominations to be submitted, there would be no reason for the chair to ask for further nominations from the floor.

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Agreeing with Bruce Lages, I believe we need more information.  Per RONR, the chair MUST call for nominations from the floor after the nominating committee submits its report and prior to voting unless prohibited by your own rules.

Edited to add:  EXACTLY what do your bylaws say about the nominations process and especially this deadline for nominations?  Please quote it exactly, don't paraphrase.

Edited by Richard Brown
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3 hours ago, Tresa said:

Correct, “deadline” passed, Nomination Committee has already met and we prepared/voted on slate of nominees. All are uncontested, so I’m planning on having the Chair (President), approve the slate by acclamation WITHOUT asking for further nominations from the floor. 

The deadline for submitting things to the nominating committee  does not necessarily rule out nominations from the floor.  Of course the nominating committee will have prepared a list (not slate) of nominees, but absent some specific language in the bylaws (which none of us here have read, nor expect to) to the contrary, after the report of the nominating committee is made, the chair must ask for additional nominations from the floor.

Ultimately this is a matter of bylaws interpretation, which only your organization can accomplish.  If things do not go the way someone believes is proper, anyone can raise a point of order, and the chair will rule on the matter, always subject to Appeal.  

Edited by Gary Novosielski
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