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RSW

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  1. And an edit to add....elsewhere in the bylaws: "Nominations may also be made from the floor by any member of the district council." Members of the executive committee are a subset of the members of the council, so it would seem (to me at least) that the implied endorsement of a nomination would yield to the explicit permission to nominate. Obviously this is all subject to interpretation by the assembly, but am I on the right track with my reasoning?
  2. Apologies - you are absolutely correct. I got those two out of order when I was turning the descriptive list in RONR into a short summary. Thanks for the correction!
  3. The prohibition would seem to be (and has historically been construed as) individual. "District executive committee members shall not take any action to endorse or officially support any district officer candidate; however, district executive committee members who are running for district office may campaign on their own behalf." In this case, there were two declared candidates. One was put forth by the nominating committee, the other wasn't. So barring a nomination from the floor, there is a single candidate for the position. If somebody in the executive committee believes that both candidates were qualified, and that the choice between the two candidates should be made by the body, are they prohibited from making the nomination because the nomination constitutes "endorsement"?
  4. Yes, but so what? Rules in the bylaws also prevail, too. RONR provides that the rules a given organization may adopt are: “Corporate Charter, Constitution and/or Bylaws, Rules of Order (which include a standard work on parliamentary law adopted as the society’s Parliamentary Authority, and any Special Rules of Order), and Standing Rules. Each of these types of rules is discussed below.” and that “The only limitations upon the rules that such a body can thus adopt might arise from the rules of a parent body (as those of a national society restricting its state or local branches), or from national, state, or local law affecting the particular type of organization.” So per rules of order, a bylaw yields to governmental law, making the chain: Law Charter Constitution/Bylaws Rules of Order Special Rules Standing Rules Custom Something provided for by statute (Law) pretty much trumps everything else, and violation of Law would constitute an ongoing breach.
  5. Okay....this is a bit esoteric, but please bear with me. There's a nominating committee, charged with investigating the qualifications and fitness of all declared candidates for a position. In the nominating committee's report, they decline to nominate one of the candidates ("Candidate A") for an office. There is a bylaws provision that a given group ("Group B") "shall not take any action to endorse or officially support any candidate". If a member of Group B believes the nominating committee made a mistake by not putting forward Candidate A (i.e. Candidate A is qualified to run), and chooses to nominate Candidate A from the floor, does that "endorse or officially support", contrary to the bylaws?
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