Hello, our industry organization held an election to fill 5 positions with 15 candidates nominated and approved by the nomination committee. The bylaws discusses eligibility for different categories such as geography, a "non voting membership" and limitations to number of elected individuals that can be elected from a single company within the industry.
These 15 candidates were sent out to the membership for voting and the election took place.
At the AGM where election results were revealed, it was announced that two of the candidates were not eligible as all the non-voting seats (2) were filled by existing board members. One of the two on the Board was appointed by the Board two months before the election but the "non-voting status" of the Board member was not made public. One of the two "ineligible" people ended up with the most votes in the election. Neither candidate nor the membership was notified before the AGM that the two candidates were ineligible.
The Membership is upset as they did not know they were casting votes for ineligible candidates and as such, "wasted their votes". The candidates are upset - especially the top vote earner.
Our Bylaws state: "The Board prior to holding an election will validate all nominations submitted. If a nomination is declared invalid all Members submitting the nomination must be notified and given the opportunity to correct their nomination." Furthermore, our Bylaws note "Robert’s Rules of Order, unless in contravention of these Bylaws, shall be the adopted rules of order at any general meeting, including the Annual General Meeting."
What is / was the responsibility of the organization for notifying the candidates / membership of eligibility? Is sending out the slate of candidates to the membership without additional "eligibility notes" a tacit approval by the organization of eligibility?
Should an error or oversight like this happen, what should we do?
A member indicates that Robert's Rules states: "If it is discovered after an election that the person elected does not meet the eligibility requirements, and even if the person has begun to serve, the election is void. The organization must have another election." Does this apply as the membership was not notified until after the election but our Board did know but did not communicate out?
Thank you for your insights.