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Suspension of By-Law


dylanjohnson

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Our organization is small and we are running into an interesting situation.

A member of the Executive Board will not be running for re-election. Our By-Laws state that his term expires on the date of the election.

We have someone who wishes to run for the position (and only one person). This person does not meet the By-Laws requirements as far as attendance goes in order to be eligible to be nominated for the Executive Board.

Since no one else has stepped up to be nominated, the Executive Board is considering suspending the By-Laws that deal with the attendance requirement for eligibility as it relates to nominations for the Executive Board. Here is the relevant passage from the By-Laws

Section 2 – Suspension of the By-Laws

A. Any portion of these By-Laws may be suspended for a named period of time provided that a motion is made from the floor by an Active Attending Member, duly seconded and voted in the affirmative by two-thirds (2/3) of the Active Attending Members present at a regularly scheduled meeting of the [Organization Name].

B. A suspension of the By-Laws of a specific item for a named period of time will not be considered and amendment to these By-Laws.

C. The suspension of specific items in these By-Laws for a named period of time will cover only that specified period of time and cover that individual instance.

D. By-Laws may be suspended for a period of not more than ten (10) days or the time frame of the related activity, whichever is less.

E. No motion to re-instate the By-Laws is necessary.

F. By-Laws will remain in effect for all other activities and operations of the [Organization Name].

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My question is, since the By-Laws state that the suspension of the By-Laws must expire no later than 10 days after the motion is carried, would this invalidate the nomination after it expires?

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My question is, since the By-Laws state that the suspension of the By-Laws must expire no later than 10 days after the motion is carried, would this invalidate the nomination after it expires?

Have the membership all put his name on the ballot as a write-in candidate. No nomination required. This assumed the bylaw restriction you mentioned affects only his ability to be nominated, and does not extend to his ability to be elected or hold office. Then you don't even have to suspend the bylaws.

Btw, Gary c refers to this

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