Election of Officers

[Guest Guest_Nekero]

SCENARIO: We are holding our annual meeting of a small member organization at which all of our officers are elected. Due to a concern about a lack of a quorum at the meeting, ballots were mailed listing those who agreed to seek each office (only one for each office—space for write-in candidates) and a notation “Nominations from the Floor: at the meeting.” Since the mailing one of the candidates (not for President) has indicated they wish to resign (currently holds that position).

BYLAWS: The current bylaws state: (1) All officers shall be elected to serve for two years or until their successors are elected, and their term of office shall begin at the close of the meeting at which they are elected; and (2) if there is a vacancy in any office other than the President, that office shall be filled by a two-thirds vote of the Governing Board for the balance of the term.

QUESTIONS: (1) if the person resigns prior to ballots being cast at the meeting, can someone’s name be placed in nomination from the floor for the “vacant” office and elected at the meeting or is a person getting possibly one vote as a write-in candidate elected or must the Governing Board fill the "vacancy"? (2) if the person resigns after all ballots are cast and the results announced, can someone’s name be placed in nomination from the floor for the ”vacant” office and elected at the meeting, would a person who received even 1 write-in vote on the ballot be elected, or would the position have to be filled by the Governing Board? (3) Please make additional comments and suggestions as to handling this situation.

[Robert B Fish]

If the current officer resigns, that creats a vacancy that must be filled FOR THE UNEXPIRED TERM in accordance with your bylaws.

If a candidate for election withdraws (declines nomination), you can fill the vacancy by nominations from the floor or some other manner such as nomination by committee.

If the person is elected and resigns immediately, you have an incomplete election and must revote.

-Bob

[J. J.]

SCENARIO: We are holding our annual meeting of a small member organization at which all of our officers are elected. Due to a concern about a lack of a quorum at the meeting, ballots were mailed listing those who agreed to seek each office (only one for each office—space for write-in candidates) and a notation “Nominations from the Floor: at the meeting.” Since the mailing one of the candidates (not for President) has indicated they wish to resign (currently holds that position).

BYLAWS: The current bylaws state: (1) All officers shall be elected to serve for two years or until their successors are elected, and their term of office shall begin at the close of the meeting at which they are elected; and (2) if there is a vacancy in any office other than the President, that office shall be filled by a two-thirds vote of the Governing Board for the balance of the term.

QUESTIONS: (1) if the person resigns prior to ballots being cast at the meeting, can someone’s name be placed in nomination from the floor for the “vacant” office and elected at the meeting or is a person getting possibly one vote as a write-in candidate elected or must the Governing Board fill the "vacancy"? (2) if the person resigns after all ballots are cast and the results announced, can someone’s name be placed in nomination from the floor for the ”vacant” office and elected at the meeting, would a person who received even 1 write-in vote on the ballot be elected, or would the position have to be filled by the Governing Board? (3) Please make additional comments and suggestions as to handling this situation.

First question. Are the members voting by mail?

Second questions. Do your bylaws permit mail ballots?