illegally elected officers

[fisr4245]

our non profit corporation chartered in alabama held our election of officers. vote count and voters registration dont match. 55 cast vote but only 54 on register. vote outcome was 27/28. a protest was launch but ignored by chair . protester forward protest to Board of directors.

Protest states that a disparity in count.NO notice of election . the board conducted an investigation and invited president, election committe

chair and the executive secretary.The president who kept the ballot and register was directed to hand over the ballots but she refuse.

THe three also did not attend the investigations. THe board found 20 secret ballots illegal. The board directed president to hold an election but she refused.What can the board do. THe invalid officers will be inducted 9/13/2014. What should the board do. THe election chair

also fail to elect a third board of director.

 

[Josh Martin]

our non profit corporation chartered in alabama held our election of officers. vote count and voters registration dont match. 55 cast vote but only 54 on register. vote outcome was 27/28. a protest was launch but ignored by chair . protester forward protest to Board of directors.

Protest states that a disparity in count.NO notice of election . the board conducted an investigation and invited president, election committe

chair and the executive secretary.The president who kept the ballot and register was directed to hand over the ballots but she refuse.

THe three also did not attend the investigations. THe board found 20 secret ballots illegal. The board directed president to hold an election but she refused.What can the board do. THe invalid officers will be inducted 9/13/2014. What should the board do. THe election chair

also fail to elect a third board of director.

 

Unless your bylaws provide otherwise, the board can't do anything about this situation. Only the membership can fix it. The appropriate course of action would be for a member to raise a Point of Order at the next meeting of the membership that the election is null and void and must be redone, followed by an Appeal if necessary.

 

"Because the voting body itself is the ultimate judge of election disputes, only that body has the authority to resolve them in the absence of a bylaw or special rule of order that specifically grants another body that authority. Thus, for example, when an election has been conducted at a membership meeting or in a convention of delegates, an executive board, even one that is given full power and authority over the society's affairs between meetings of the body that conducted the election, may not entertain a point of order challenging, or direct a recount concerning, the announced election result. While an election dispute is immediately pending before the voting body, however, it may vote to refer the dispute to a committee or board to which it delegates power to resolve the dispute." (RONR, 11th ed., pg. 446)

 

As for the incomplete election, the membership will need to complete it at its next meeting. If the board is authorized to fill vacancies (or has full authority to act for the society between meetings), the board may appoint someone to fill the vacancy, but the appointment will only be effective until the membership can complete the election.

[Richard Brown]

In addition, RONR provides, starting on page 419 at lines 1 - 9 that:  "a recount can be ordered by the voting body, by a majority vote, at the same session at which the voting result  was announced, or at the next regular session of that session is held within a quarterly time interval.  A recount may also be ordered at a special session properly called for the purpose, if held within a quarterly time interval of the session at which the voting result was announced and before the next regular session."

 

In addition, "After the completion of an election or balloting on a motion, unless the voting body directs otherwise, the tellers place the ballots and tally sheets in the custody of the secretary, who keeps them under seal until the time within which a recount may be ordered expires, and then destroys them".  (Page 418 and 419, starting on page 418  at line 32.  Regardless of who has the ballots, they should be retained at least until the time for ordering a recount has expired.

 

I'm surprised at the statement that "the board found 20 secret ballots illegal".  Were those illegal ballots included in the tally of 54 votes cast?

 

The whole business of "contesting" an election is very complicated and technical, but is covered extensively in the 11th edition of RONR.  I urge you to get a copy of it.  There are very good sections on voting procedure and on nominations and elections.  There are two pages on "Contesting the Announced Result of an Election. 

 

Lastly, read the sections of your bylaws on nominations, elections, duties of the president, and powers of the board very carefully.  As Josh Martin pointed out, unless you have a bylaw provision to the contrary, it is up to your assembly (the general membership), not the Board, to rectify this situation.  RONR page 446.  However, your president still should be cooperating with the Board. 

[Guest fisr4245]

In addition, RONR provides, starting on page 419 at lines 1 - 9 that:  "a recount can be ordered by the voting body, by a majority vote, at the same session at which the voting result  was announced, or at the next regular session of that session is held within a quarterly time interval.  A recount may also be ordered at a special session properly called for the purpose, if held within a quarterly time interval of the session at which the voting result was announced and before the next regular session."

 

In addition, "After the completion of an election or balloting on a motion, unless the voting body directs otherwise, the tellers place the ballots and tally sheets in the custody of the secretary, who keeps them under seal until the time within which a recount may be ordered expires, and then destroys them".  (Page 418 and 419, starting on page 418  at line 32.  Regardless of who has the ballots, they should be retained at least until the time for ordering a recount has expired.

 

I'm surprised at the statement that "the board found 20 secret ballots illegal".  Were those illegal ballots included in the tally of 54 votes cast?

 

The whole business of "contesting" an election is very complicated and technical, but is covered extensively in the 11th edition of RONR.  I urge you to get a copy of it.  There are very good sections on voting procedure and on nominations and elections.  There are two pages on "Contesting the Announced Result of an Election. 

 

Lastly, read the sections of your bylaws on nominations, elections, duties of the president, and powers of the board very carefully.  As Josh Martin pointed out, unless you have a bylaw provision to the contrary, it is up to your assembly (the general membership), not the Board, to rectify this situation.  RONR page 446.  However, your president still should be cooperating with the Board. 

yes , the 20 illegal ballots were part of the 54 votes cast.