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Election of Officers to a Board


Guest Vince Scalabrino

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Guest Vince Scalabrino

What happens after an election when one of the candidates that was elected but not sworn in resigns. Does the candidate with the next highest number of votes take their place or does the President have the right to appoint someone to the position. The constitution states that the president can appoint someone to complete the term of office of a board member that resigns, in this case the candidate was never sworn in so was he on the board or not.

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What happens after an election when one of the candidates that was elected but not sworn in resigns?

You hold a 2nd round of balloting.

Does the candidate with the next highest number of votes take their place ...

No.

... or does the President have the right to appoint someone to the position?

No.

The constitution states that the president can appoint someone to complete the term of office of a board member that resigns, in this case the candidate was never sworn in so was he on the board or not.

Since no one has resigned FROM OFFICE (i.e., he was never IN the office to resign FROM -- i.e., his TERM OF OFFICE never began, so it isn't "incomplete"), then your rule will not apply.

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What happens after an election when one of the candidates that was elected but not sworn in resigns. Does the candidate with the next highest number of votes take their place or does the President have the right to appoint someone to the position. The constitution states that the president can appoint someone to complete the term of office of a board member that resigns, in this case the candidate was never sworn in so was he on the board or not.

Per RONR (p. 430) an election becomes final when the voting result is announced provided

A. the elected is present and does not immediately decline, or

B. if not present but has consented to his candidacy, or

C. if not present without previous consent, when he is notified provided he does not immediately decline.

Your rules (the swearing in) throws a wrinkle in this, the ironing out of which your organization will need to resolve. Is the swearing in ceremony the truly final acknowledgment required to complete the election? If so, then his resignation seems to be more of a declination of the office, and you have an incomplete election. If the swearing in ceremony is more of a formality not actually required to attain office, then his resignation seems more of a resignation, and the vacancy filling procedures in your bylaws (i.e. the president appoints) would seem to kick in.

Sometimes in bylaws, it is noted that the elected assume office at the adjournment of the meeting at which he is elected. This does not negate the immediacy and finality of the election, only postpones the assumption of office. Your swearing in ceremony could be interpreted similarly.

Since you have stepped out of the RONR-approved method, your membership will (I think) need to decide where you stand, and go forward accordingly.

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