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Found 141 results

  1. Guest

    Election Nullification

    We have a situation where an election was a tie, and the winner was decided by drawing high number ball. We found out 1 week after the election that one of the members that was allowed to vote was actually ineligable to vote. What complicates this even more is that one of the candidates (the eventual winner) was the one who was to determine eligability. If he would have done his job properly, then he would have lost to the other candidate. At this point, our board wants to let the membership decide(by vote) if the election should be nullified, and re done. Others want us to just throw out the ballot of the person who was inelegable(his was the only absentee ballot, so it can easily be identified), and recount. Do any of you have advice, and Thanks in advance!
  2. We have a situation where mail in election is taking place and ends on December 22, 2012. One of the presidential candidates has had charges filed against them, been formally notified of those charges, and their trial will be held shortly into the new year, before the new Board takes office. We need to know if a person that has been formally charged with ethical violations can run for office? If they can run, can we delay the election results until the hearing is completed? The new Board Members don't officially take office until January 15th. Our thoughts are if they are found guilty of the charges, do we even have to consider any votes for the person? Our by-laws don't state whether a person in the middle of a disciplinary investigation or let alone found guilty of ethical charges can even serve on the Board. Can a person found guilty of ethical violations hold an office? If they can't run or they are found guilty, another question is due to privacy issues on the charges. Our by-laws don't say anything about membership being notified of the charges, but they are very clear we can't say anything about the hearing or the results of the hearing. How do we tell our membership the president position was won by default without violating our by-laws. Members are going to want to know what happened. Thanks for your help.
  3. We have 12 members on our church council. The church body has elected 4 new members to replace 4 outgoing members who are leaving the council on Dec. 31. The 4 new members are attending the December council meeting. The council elects the church officers from the council at the December meeting. 1) Do the 4 new council members vote for officers for NEXT year at the December meeting even though they are not official members yet (until Jan. 1)? 2) Do the 4 outgoing members vote on the officers for NEXT year even though they won't be on the council after Dec. 31? (Council members say they should vote because they know what is involved more than the new members do.) 3) Can the 4 new council members be elected to an office for next year even though they won't be a member until Jan. 1? (I would think so because they will be members of the council next year.) 4) If the answer to both 1 & 2 is "yes", then do we have 16 votes cast? (Well, 15 votes, because the president doesn't vote until a tie.) I'm usually pretty good at this but I am stumped! HELP!
  4. I read this thread and have some questions: Here are the details: 1. a club's constitution requires that to be nominated for an office, the club member must be in good standing 2. a club member is in good standing if the club member has attended 6 meetings in the past year 3. if there are two nominees for the office of president, the highest vote is president and the other is vice president. There were only 2 nominees in the election in question. 4. a member who had only attended 4 meetings and was thus not in good standing was nominated and elected to the office of president, let's call her Jan. Jack also ran, but came in 2nd and so was elected to VP, he has been a member in good standing for several years. It has been several meetings since the election, and now a club member wishes to challenge Jan's election. Jan has now been to more than 6 meetings in the prior year. My read of the above thread is that the election may be declared invalid even though Jan is now eligible. Shmuel Gerber, on 09 December 2011 - 01:34 PM, said: "If the original election was actually a violation of the bylaws, then it may be declared invalid "at any time during the continuance in office of the individual declared elected." (RONR, 11th ed., p. 445)." My questions: 1. how does a club member go about challenging this election? let's say it is me doing the challenging. At the start of the next meeting, what do I do? I'm guessing I raise a point of order, but then what? Do I make a motion to void the election and have the membership vote on it? 2. if we void the election, does that also void Jack for the office of VP? This is not a bad thing, because Jack would then just run for Pres again, but we need to know if his election was also invalid so that we know who then is next in the line of succession to run the remainder of the meeting and conduct the new election. It would be the secretary if Jack is not the VP, the secretary runs the meetings when neither the P or VP are present. I appreciate any help! I really need to know how to proceed.
  5. In the midst of an election year, the chairperson of the election committee has been established, however the vote will be a few months away (May '13). If a motion to amend the election policies is put before the floor, should it be ruled out of order as the election process is underway and deemed improper to amend a process while it is currently being utilized? In other words, if members wish to amend the election bylaws they must do so while elections are not currently being held.
  6. National organization conducts election by mail. Teller is a professional firm Ballots mailed, and subsequently determined invalid, due to administrative error. Ballots reissued. Before ballots were reissued, a suit against the organization was filed. Membership was not advised of pending legal action until 12 days after replacement ballots were mailed. A number of members indicate they did a quick return on their ballots, but are now asking if there is a way to withdraw their ballot. Nothing in bylaws, and nothing (that I've found in RONR). Assuming that it's not prohibited, might a witnessed or notarized letter to the teller, from the individual(s) who wish to withdraw their ballot, suffice? Thanks, JS
  7. Guest

    running for office

    does a person sitting on the executive commmittee in an elected position have to resign in order to run for another elected office on the executive commmittee?
  8. I am the president of a small board. Per our bylaws, I appointed a nominating committee to nominate officers for 2013. The committee consists of three board members, and one member agreed to serve as chair of the committee. Before calling a meeting of the committee, the chair spoke with possible nominees and had a slate already in mind, which he then presented to the committee at its meeting. One committee member was very unhappy with this and complained to me. Are there any rules about identifying and contacting potential nominees before a nominating committee meeting? Was it OK for the chair to do so, and then present a slate for consideration to the committee members? (I am stepping down at the end of my term, December 31 2012, so I am not running in this election.)
  9. Guest

    Elections

    Bylaws state that elections are held yearly and specific positions are up for re-election in odd years and the other in even years. A board member, who is not up for election this year, runs for a position that is up in the current year. When this person is nominated, is their current position automatically vacated? The person did not win the new position and wants to return to their current position. Some of the board beleives the position was vacated when they ran for a new position. Others beleive the position is not vacated unless the person got elected into the new position.
  10. Guest

    presidential voting

    At our recent semi annual meeting the mailed in ballots from a district were counted and a winner was declared. We then had a premembership meeting with executive committee and just the results was declared. We then had our membership meeting and the winner was installed in office. The newly elected board was having a meeting following the membership meeting and I asked for a report on what the vote was. They said they counted the ballots and it was a tie. So, they notified the President to break the tie. They keep saying the President CANT vote which is incorrect so they asked the President to declare who he voted for and then pulled the ballot and declared the other person the winner. This all was done on a tuesday, today is friday three days after the fact. Can a point of order be raised and the secretary be ordered to resubmit ballots in the mail to the district, this time not mailing one to the President so he can wait to vote in case of a tie or to make a tie at that point whichever they decide? This just makes me feel "off" if I do not say something here to the board. My feeling is once the vote was counted and the president had their vote included to make a tie the election should have been completed and new ballots would have to be issued. Going back and pulling the Presidents vote after the fact seems odd. The presidents friend was one of the people running and it actually hurt his friends chances at being elected to the board.
  11. Guest

    Write-in ballot

    Is a 'ballot' distributed in advance to members with pre-printed choices (not by the secretary) valid and can it be considered a write-in ballot even though those who used it didn't actually write it in themselves? We have had an election coup orchestrated by a group who created an amended ballot by stapling this 'write-in' section and distributed it to a select group of members.
  12. We will be holding our first annual meeting and we have 3 openings on our board to fill. We also need to elect officers. Our by-laws state: 1) Newly elected Directors shall assume office at the first Board of Directors meeting following their election. 2) The Officers shall be elected from among the Board of Directors at each annual meeting of the Directors and shall serve for one year and until their successors are elected and qualified. My question involves when the officer elections occur? Does that happen after the new members are elected? I am confused because of the statement "newly elected Directors shall assume office at the first Board of Directors meeting following their election." Does this make sense? We start the meeting with the election of new board members, then, technically, the newly elected directors can join the board and participate in the election of officers? Any help would be greatly appreciated.
  13. Guest

    Election

    Our church has a constitution and bylaws and it states: "A Call Committee of six voting members and two non-voting alternates shall be elected by this Congregation." But it is silent as to whether the congregation should vote for 6 or 8. At the election of the congregation how many should people vote for?
  14. We require 35 members for a quorum at our general (an only in person) meeting. The bylaws state that votes are cast "in person." If we do not get the 35 person quorum and we have to elect a new board under our bylaws, what options do we have or not have? Does the current board stay in place - and for how long? Can/should we hold the election anyway and see what happens? It seems we must hold an election, yet can't and are restricted from electronic and other means of voting. In case this helps: We are incorporated in Illinois (but have not offices in Illinois). We have an office in Colorado and one in Maryland. Our meeting will be in California. I look forward to your assistance. Thanks, Rob
  15. If our bylaws stipulate that voting must be "by written ballot" and that the Robert's Rule of Order must be followed, can "write-in candidates" or "none of the above" be disallowed from the ballot paper?
  16. Guest

    Election Tie

    Can't find anything in by-laws to cover this. The only helpful thing is a by-law that states if its not in our bylaws refer to most current copy of Robert's Rules of Order. If two mebers are running for a position and there is a tie 23-23. Is there a run off? Meaning the same two people are voted on again for the same position or is the nomination process opened again, allowing new candidates and then an election?
  17. My high school held a meeting for National Honor Society but did not inform all the members of this meeting. There were no school announcements of the meeting. Membvers only knew about it from word-of-mouth and text messaging. I, among other members, did not attend the meeting because I didn't know about it. I never got a text message. I'm upset because they decided to hold elections for officers at that meeting. Is it okay that they held an election without all members present? I asked ou advisor for a re-election and she told me I would have to ask the other members at the next meeting about that. Are they allowed to turn down the re-election and keep their current officers?
  18. Guest

    Election/Ballot issue

    After a second election ballot was issued (the first was deemed invalid since it did not follow our constitutional rules for ballots) the recording secretary resigned. The board voted to replace the RS with a person who was a candidate for a board position on the ballot. Is the second ballot still valid or should it be replaced? If the ballot is not reissued how should any votes for that candidate be handled? Thank you
  19. I would like to know what options are open the the chairman of an organization when there are not canidates on the ballot for election and the current officers serving are willing to continue serving. Please give me the professional dialogue to use (what do I say); I want to keep the current officers in place. This will be covered in the new By-Laws, but they will not be completed before the upcoming election. Thanks, Rev. Isaac V. Cropp Jr
  20. The organization's bylaws allow for vote by mail elections, and RONR is followed. I know that the vote tallies have to be entered into the minutes. I looked in the 11th Ed of RONR and did not locate answers to the following questions: What is the proper method for announcing the results to the membership? Should it be by mail as the voting was conducted that way? Should the actual tallies be reported or just who was elected to what office? Thanks, Brad
  21. I have two related questions about balloted elections and business sessions in a church setting. We have three worship services each weekend. We do balloted elections for two items a year: approval of the budget and election of deacons. In the case of the budget, all discussion and amendments has been done in a single business session the weekend before. In the case of the deacons, a slate is presented to the church via publications and then voted on. (The bylaws specify that the slate as brought by the nominating committee is the only persons that can be voted on, as the nomination process has been completed before.) In both cases, at each service we call the church into business meeting, hand out ballots, vote, collect the ballots, and adjourn the meeting. Having recently been made moderator, I have had to brush up on my Robert's, so I am aware that we are actually holding separate "meetings" within one "session." Here are my two questions: 1. Since the only item of business is the ballot vote, we are in effect only holding an election. Is it necessary to actually call the church into business session, or can we just hold the election by passing out and collecting the ballots? 2. At this year's budget discussion, I led the body to use the motion "fix the time to which to adjourn" to end the discussion business session and specify that we would vote that coming weekend. Was this the correct motion to use? Thank you, in advance, for any advice you can give this new moderator.
  22. Guest

    No quorom for Election

    We were supposed to have an election but did not have a quoroum for the meeting. What is the status of the offices? Do we have to have an emergency meeting or can we wait until the next regular meeting date for the election? Thanks for any help you can provide.
  23. If a election meeting was cancelled due to not enough officer to make a quorum. Is it right to let the general membership know that the meeting was rescheduled so if anyone wanted to add their name to the ballot or dispute a nominee?
  24. How do you break a tie in an officers election?
  25. Our organization held its annual officers' election earlier this month. Only one person ran for each office, president, vice president, secretary and treasurer. The affirmative votes were unanimous for all candidates, there was no one nominated from the floor. The Nominating Committee found out a few days later that another member who was asked to be a candidate actually said yes, but the NC chair didn't understand the member was giving her consent because a lot of back and forth was happeningin the conversation. Per our bylaws, when the slate was announced this person could have nominated herself from the floor but did not. How would you handle this situation. Do we redo the election and add this person to the slate? Should we just redo an election for just the position this member was seeking adding both her name and the name of the other nominee? Is there a motion one has to make to repeat an election? Or do we chalk it up to a misunderstanding and let the election stand as is?
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