Jump to content
The Official RONR Q & A Forums

Bylaws do not address no candidate for an office


Guest JP

Recommended Posts

I belong to a statewide organization that requires nominations be accepted in writing. Non of those nominated for Secretary of the organization accepted the nomination. The bylaws do not address no candidate. They do however, state that if an elected position is vacated the President can appoint someone to the position with approval of the Executive Committee. My question is do we leave the ballot for the position blank and then after elections-declare it vacant and let the President appoint a person?

Link to comment
Share on other sites

I belong to a statewide organization that requires nominations be accepted in writing. Non of those nominated for Secretary of the organization accepted the nomination. The bylaws do not address no candidate. They do however, state that if an elected position is vacated the President can appoint someone to the position with approval of the Executive Committee. My question is do we leave the ballot for the position blank and then after elections-declare it vacant and let the President appoint a person?

Nominate someone who will accept. If you're having no luck, I would recommend trying harder to find a person willing to serve. Bring the problem to the attention of the members, and make a "somebody-needs-to-step-up" speech. "Ask not what your organization can do for you... ask instead what you can do for your organization... you can be secretary."

Unless your bylaws prohibit write-in candidates, a secretary could be elected by members jotting down their choice on the ballot. Actually winning the election might enough encouragement for a person to serve.

It's common for bylaws to stipulate that officers shall serve "until their successors are elected." In that case, the current secretary would remain in the position until you can find a willing replacement.

If all else fails, nominate thyself and accept.

Link to comment
Share on other sites

I belong to a statewide organization that requires nominations be accepted in writing. Non of those nominated for Secretary of the organization accepted the nomination. The bylaws do not address no candidate. They do however, state that if an elected position is vacated the President can appoint someone to the position with approval of the Executive Committee. My question is do we leave the ballot for the position blank and then after elections-declare it vacant and let the President appoint a person?

You can't use the vacancy filling provisions because a vacancy doesn't exist. The first question is how do the bylaws define the term of office for Secretary? Is it for a fixed term or is it X years and/or until a successor is elected (or similar language)? If the successor language is included then the Secretary would continue to serve until someone is elected.

As for completing the election does the written acceptance apply to all nominations or only ones from the nominating committee? If floor nominations are not included in the rule then nominate someone from the floor and hope that they will accept the office upon election. Also, do your bylaws specifically prohibit write in voting? If not another option is to write in the name of someone and hope that they will accept the office upon election. But it might end up boiling down to the current Secretary keeping the office until someone else is elected (in which case s/he needs to beat the bushes to get someone to relieve him or her of the duties of office).

Link to comment
Share on other sites

I belong to a statewide organization that requires nominations be accepted in writing. Non of those nominated for Secretary of the organization accepted the nomination. The bylaws do not address no candidate. They do however, state that if an elected position is vacated the President can appoint someone to the position with approval of the Executive Committee. My question is do we leave the ballot for the position blank and then after elections-declare it vacant and let the President appoint a person?

Link to comment
Share on other sites

Our rules state that there can be no write in votes. Nominations and acceptance of those have a stated time period which has passed. There is a time limit to the office. So once elections are held, can the President and Executive committee then nominate to fill the position. Our bylaws state they have the power to do so when a position has been vacated, which it will be at the time of the election. The current officer does not want to serve another term-they were nominated and decline the nomination.

Link to comment
Share on other sites

Our rules state that there can be no write in votes. Nominations and acceptance of those have a stated time period which has passed. There is a time limit to the office. So once elections are held, can the President and Executive committee then nominate to fill the position. Our bylaws state they have the power to do so when a position has been vacated, which it will be at the time of the election. The current officer does not want to serve another term-they were nominated and decline the nomination.

But your bylaws may provide that the current office-holder remains in office until a successor is elected. You will need to beat the bushes for a candidate and hold a special election (with previous notice).

Your partial-term vacancy filling provisions would not apply in the case of an incomplete election because the term is up. There is no unexpired term to fill until someone is elected.

Link to comment
Share on other sites

So what if the current Secretary resigns. Does an incomplete election ever become a vacancy?

If the current secretary resigns, there's still no additional unexpired term created. I'd advise them not to accept that resignation anyway.

I don't believe an incomplete election can ever become anything but a complete election.

Link to comment
Share on other sites

I think it's possible there is a vacancy at some point. A society who meets every year or two to elect their officers may not have an opportunity to meet again and complete the election. The officer who is held over may not want to stay in that office very long and resign. In such a case I think it's less clear cut.

Link to comment
Share on other sites

I think it's possible there is a vacancy at some point. A society who meets every year or two to elect their officers may not have an opportunity to meet again and complete the election. The officer who is held over may not want to stay in that office very long and resign. In such a case I think it's less clear cut.

I don't think there would be a vacancy at that point. The only way the Secretary can get out of office is if someone is elected, resigns, is removed from office, or dies. No one has been elected and hopefully the Secretary isn't going to die. If the assembly refuses to accept the resignation the Secretary stays in office. I suppose the Secretary could tell the organization to kiss off and refuse to perform his or her duties in which case a Secretary pro tem would need to be elected but he or she would still remain the Secretary.

Link to comment
Share on other sites

I don't think there would be a vacancy at that point. The only way the Secretary can get out of office is if someone is elected, resigns, is removed from office, or dies. No one has been elected and hopefully the Secretary isn't going to die. If the assembly refuses to accept the resignation the Secretary stays in office. I suppose the Secretary could tell the organization to kiss off and refuse to perform his or her duties in which case a Secretary pro tem would need to be elected but he or she would still remain the Secretary.

People don't resign to continue their duties...so is it your view there is never a vacancy in what I posed in post #12

Link to comment
Share on other sites

I'd think that if the term of office is defined as "X years and/or until their successors are elected", that would mean that following an election for that office which results in no winner, the officer is continuing in the current term. It's not a bonus round of time after the election, some time frame that is different from the previous "X years." It is still the term of office.

So, if at the AGM the election does not happen, and is postponed for the next regular meeting (let's say in a month or three), the officer's term continues until then. If the officer resigns in the interim, it would be much the same as if the resignation had been submitted at some time before the AGM. It is during the term of office, and thus creates a mid-term vacancy.

Link to comment
Share on other sites

So what if the current Secretary resigns. Does an incomplete election ever become a vacancy?

I think what Gary is saying is that, as long as the election can be completed by the assembly, any vacancy that arises will be in the previous term of office.

So, when the Secretary's resignation goes into effect, the President and the Executive Committee can appoint someone to serve in that now-vacant position; but if the assembly has fixed an adjourned meeting, or if the next regular meeting will take place within a quarterly time interval, that appointment will remain in effect only until the election for the current term is completed.

Link to comment
Share on other sites

I think what Gary is saying is that, as long as the election can be completed by the assembly, any vacancy that arises will be in the previous term of office.

So, when the Secretary's resignation goes into effect, the President and the Executive Committee can appoint someone to serve in that now-vacant position; but if the assembly has fixed an adjourned meeting, or if the next regular meeting will take place within a quarterly time interval, that appointment will remain in effect only until the election for the current term is completed.

You're not so rotten.....thanks, S.G.

Link to comment
Share on other sites

So could somebody please answer me in plain English, I am feeling quite dense at the moment? Our By-Laws do not address an election where no one accepts the nomination, it has no language stating "until the office is filled". There can be no nominations after the nomination time period, etc. The current Secretary is out when the election occurs...it is not right to ask them to continue a job they no longer want to do. We only meet four times a year, the next meeting is this fall and following that next spring.

Link to comment
Share on other sites

So could somebody please answer me in plain English, I am feeling quite dense at the moment? Our By-Laws do not address an election where no one accepts the nomination, it has no language stating "until the office is filled". There can be no nominations after the nomination time period, etc. The current Secretary is out when the election occurs...it is not right to ask them to continue a job they no longer want to do. We only meet four times a year, the next meeting is this fall and following that next spring.

What is the exact language regarding the nomination time period?

Link to comment
Share on other sites

People don't resign to continue their duties...so is it your view there is never a vacancy in what I posed in post #12

Yes. If the bylaws say that an officer continues on until someone is elected then they would need to continue on. If the assembly wants to accept the resignation they can do so but unless the vacancy filling provision is more lax then the requirements to be elected (such as not requiring that the person filling the vacancy be a member) there is going to be the same problem finding someone to fill the vacancy as completing the election. While a Secretary pro tem can take care of any meeting related duties he cannot perform any extra-meeting duties so it is imperative that there always be someone serving as Secretary (or any office which has extra-meeting duties for that matter) and any vacancy that is created needs to be filled ASAP.

I am sympathetic to the plight of the Secretary who was looking forward to turning over the minutes book to someone else only to find out that he is stuck with the job until someone else is elected and I have no problem with him bringing some major pressure on people to accept the office if elected. However, he needs to serve until a replacement can be located and he should be subjected to major consequences if he abandons his duty before that can be accomplished.

Link to comment
Share on other sites

Our ByLaws state ....shall be elected by secret ballot at the annual meeting of the odd-numbered years and assume office on October 1 following the Annual Meeting, for a termof two(2) years. Section 3: Vacancies in office: a. In the event of death, resignation or incapacity of the president, the vice president shall become president for the unexpired term. b. Vacancies in office other than that of president shall be filled by appointment by the board of directors. Such appointees shall serve until the next regular election. c. Twelve (12) months shall be considered a term for purposes of determining eligibility for elected office.

Later in the ByLaws one of the duties of the Board of Directors is ...c. Approve appointments necessary to fill vacancies in office:

Link to comment
Share on other sites

Our ByLaws state ....shall be elected by secret ballot at the annual meeting of the odd-numbered years and assume office on October 1 following the Annual Meeting, for a termof two(2) years. Section 3: Vacancies in office: a. In the event of death, resignation or incapacity of the president, the vice president shall become president for the unexpired term. b. Vacancies in office other than that of president shall be filled by appointment by the board of directors. Such appointees shall serve until the next regular election. c. Twelve (12) months shall be considered a term for purposes of determining eligibility for elected office.

Later in the ByLaws one of the duties of the Board of Directors is ...c. Approve appointments necessary to fill vacancies in office:

Then why does the topic state "Bylaws do not address no candidate for an office"? Do what your bylaws say; have the Board appoint a replacement.

Link to comment
Share on other sites

Our ByLaws state ....shall be elected by secret ballot at the annual meeting of the odd-numbered years and assume office on October 1 following the Annual Meeting, for a termof two(2) years. Section 3: Vacancies in office: a. In the event of death, resignation or incapacity of the president, the vice president shall become president for the unexpired term. b. Vacancies in office other than that of president shall be filled by appointment by the board of directors. Such appointees shall serve until the next regular election. c. Twelve (12) months shall be considered a term for purposes of determining eligibility for elected office.

Later in the ByLaws one of the duties of the Board of Directors is ...c. Approve appointments necessary to fill vacancies in office:

Yes, but the vacancy-filling procedure doesn't apply here, as an incomplete election is not a vacancy. Once again, I would like to see the language in your Bylaws regarding the nomination time period.

Then why does the topic state "Bylaws do not address no candidate for an office"? Do what your bylaws say; have the Board appoint a replacement.

An incomplete election is not a vacancy.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...