Meeting with no quorum for election, what happens?

[Guest Sam Green]

Our society has an annual meeting each year.

In 2008, the nominating committee met and submitted a slate for election, but there was no quorum - but an election was held.

In 2009, the nominating committee met (again) and submitted a slate for election, but there was no quorum - but an election was held.

We are just finding out that there was no quorum at the annual meetings mentioned, and therefore no valid election.

In 2010, the nominating committee recently met and submitted a slate of candidates for a meeting to take place in July.

Normally, the elected Treasurer moves up to President Elect and then to President in the third year.

The question is this? If we have an issue as that described above (no valid election), what is the correct process to remedy this situation? And what happens to those caught in limbo in the process?

Our Director feels that at the next annual meeting he can have a vote on the 2008 and the 2009 elections as "housekeeping".

I appreciate any guidance and references to Roberts Rules sections,

Sam

[Kim Goldsworthy]

It isn't Robert's Rules you should be looking at.

It is your customized rules (your bylaws) you should be looking at.

No answer will be possible, since the key is twofold:

1. your defined term of office for all involved offices and officers.

2. your very unusual succession rule (Tr. suceeds to P-E and succeeds to P).

What RONR has to say will hinge on your term of office (the definition) primarily.

What happen to your Tr. and your P-E and your P will depend on your wild-and-crazy rule of succession.

Someone (perhaps a parliamentarian) will have to read the rule in full, and make heads and tails out of where it fits, after the two fiascos (viz., no quorum for successive years).

[Josh Martin]

The question is this? If we have an issue as that described above (no valid election), what is the correct process to remedy this situation?

A Point of Order would have to be raised, at a meeting, that there was no quorum at the time of the elections and thus the elections are null and void. The chair will rule on the Point of Order, and his ruling may be appealed. A majority vote overturns the chair's ruling. However, you would need "clear and convincing proof" of the lack of quorum, which may be difficult to obtain this long after the fact. See FAQ #3 and RONR, 10th ed., pg. 338, lines 22-28.

And what happens to those caught in limbo in the process?

Nothing happens yet. The elections remain valid unless and until they are ruled null and void at a meeting of the assembly. At that point, what happens primarily depends upon your organization's Bylaws. You may wish to read RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation. Also see pg. 556, line 35 - pg. 557, line 7 for information on term of office clauses.

[Guest marly]

A Point of Order would have to be raised, at a meeting, that there was no quorum at the time of the elections and thus the elections are null and void. The chair will rule on the Point of Order, and his ruling may be appealed. A majority vote overturns the chair's ruling. However, you would need "clear and convincing proof" of the lack of quorum, which may be difficult to obtain this long after the fact. See FAQ #3 and RONR, 10th ed., pg. 338, lines 22-28.

Nothing happens yet. The elections remain valid unless and until they are ruled null and void at a meeting of the assembly. At that point, what happens primarily depends upon your organization's Bylaws. You may wish to read RONR, 10th ed., pgs. 570-573 for some Principles of Interpretation. Also see pg. 556, line 35 - pg. 557, line 7 for information on term of office clauses.