Calling for a Revote in an Election

[Guest Druhan]

My society held an election today for a single position, between two candidates, by a ballot vote—which is the voting method prescribed by the bylaws. The election happened at the end of the meeting, so we adjourned before the results were announced. They told us that they will count the votes and then text us the results (I’m pretty sure this was improper). The votes were reported to be 18-16, with 5 disqualified ballots. Many people were upset, especially because of the high and decisive number of invalid ballotts.

Is there any way that we could call for a revote? For example, if we found out that some part of the election proceedings was done improperly and the rules of our parliamentary procedure guide, Robert’s Rules, or our bylwas were not followed, is there any parliamentary mechanism to have the Society have a revote at the next meeting? Would this require a simple majority vote to call for this? A 2/3 vote?

Thank you for your time.

[Josh Martin]

5 hours ago, Guest Druhan said:

My society held an election today for a single position, between two candidates, by a ballot vote—which is the voting method prescribed by the bylaws. The election happened at the end of the meeting, so we adjourned before the results were announced. They told us that they will count the votes and then text us the results (I’m pretty sure this was improper). The votes were reported to be 18-16, with 5 disqualified ballots. Many people were upset, especially because of the high and decisive number of invalid ballotts.

Is there any way that we could call for a revote? For example, if we found out that some part of the election proceedings was done improperly and the rules of our parliamentary procedure guide, Robert’s Rules, or our bylwas were not followed, is there any parliamentary mechanism to have the Society have a revote at the next meeting? Would this require a simple majority vote to call for this? A 2/3 vote?

Thank you for your time.

Yes, it was improper for the results to be announced after the meeting. In fact, they will not be final until they are announced at the next meeting.

When those results are announced, a member should raise a Point of Order that the election is incomplete, because no candidate received a majority of the votes cast. In RONR, “disqualified ballots” are known as “illegal votes.” Even assuming that these were actually illegal votes, such votes are not credited toward any candidate, but are included for the purposes of calculating a majority. If the chair rules this point not well taken, any member may move to appeal from the decision of the chair. If seconded, this places the decision in the hands of the assembly. A majority vote is required to overturn the chair’s ruling. A new round of voting would then be held.

[Gary Novosielski]

You may have to.

What was the nature of those "disqualified" or "invalid" ballots?  Were they abstentions (blank)? Or, were they ballots "cast" for ineligible names or overvoted, or otherwise not able to be interpreted to reveal the will of the voter?   If the tellers are in doubt about how or whether the ballots should be treated, they should refer any questionable ballots to the assembly.  The tellers are not the final authority on whether ballots are valid.

If the ballots were blank, they are simply ignored, and the candidate with 18 votes has a majority. But otherwise invalid ballots still count as ballots cast, and so affect the number required to elect.  If 39 ballots were cast, then 20 votes are required to elect, and 18 is not enough.  In that case your election is incomplete and you have no choice but to go to a second ballot.

 

Edited April 5, 2018 at 02:04 PM by Gary Novosielski

[Richard Brown]

I agree with the previous posters, but it seems to me that a recount could also be ordered, at which time the five disqualified ballots could be examined by the assembly and the assembly could decide how to deal with them. However, a motion for a recount requires a majority vote. Depending on who is present at the meeting and which candidate they support, that might be difficult to achieve.

Edited April 5, 2018 at 02:32 PM by Richard Brown

[Josh Martin]

4 hours ago, Richard Brown said:

I agree with the previous posters, but it seems to me that a recount could also be ordered, at which time the five disqualified ballots could be examined by the assembly and the assembly could decide how to deal with them.

I agree, assuming that the ballots have been securely preserved.

4 hours ago, Richard Brown said:

However, a motion for a recount requires a majority vote. Depending on who is present at the meeting and which candidate they support, that might be difficult to achieve.

Well, one hopes that all members (or at least a majority) wish to ensure a fair and accurate election process and count, regardless of which candidate they support. If this is not the case, a Point of Order and Appeal may not fare any better, as an Appeal will also require the support of a majority.

[Guest Druhan]

I cannot believe I forgot that illegal votes count toward the total votes cast! Duh. (I had meant to say before that there were 5 illegal votes, not disqualified or invalid ones.)

Yeah, we’ve got a real heater on our hands, and it’s gonna be a contentious one, to be sure.

I think, now, all that needs to be decided is the legality of those five votes. I will not go into detail on the reasons for their alleged illegality (they are not blanks, by the way), but I personally think they should remain as they were originally designated. This would trigger another ballot, which I think would be the most prudent and palatable course of action for our Society.

Y’all have been very helpful. Thank you.

[Josh Martin]

2 hours ago, Guest Druhan said:

I think, now, all that needs to be decided is the legality of those five votes. I will not go into detail on the reasons for their alleged illegality (they are not blanks, by the way), but I personally think they should remain as they were originally designated. This would trigger another ballot, which I think would be the most prudent and palatable course of action for our Society.

If you do not wish to get into the specifics here, I would refer you to RONR, 11th ed., pgs. 415-417 so that you may use your own judgment in determining whether these ballots should be counted as illegal votes.