rhammar Posted July 21, 2011 at 03:51 PM Report Share Posted July 21, 2011 at 03:51 PM The bylaws of a large charitable organization call for nominees for the board of directors to be the four persons receiving the most votes by a designated nominating body. The question has been asked, "What if there is a tie for fourth place?" That is, what if the votes are as follows: A (50 votes), B (40 votes), C (30 votes), D (20 votes), E (20 votes). I cannot find a tie-breaking rule for such a situation in RONR. Should the nominating body simply revote on fourth place? That seems logical, but I cannot find any authority for it or any other solution. Thanks! Link to comment Share on other sites More sharing options...
Tim Wynn Posted July 21, 2011 at 04:15 PM Report Share Posted July 21, 2011 at 04:15 PM The bylaws of a large charitable organization call for nominees for the board of directors to be the four persons receiving the most votes by a designated nominating body. The question has been asked, "What if there is a tie for fourth place?" That is, what if the votes are as follows: A (50 votes), B (40 votes), C (30 votes), D (20 votes), E (20 votes). I cannot find a tie-breaking rule for such a situation in RONR. Should the nominating body simply revote on fourth place? That seems logical, but I cannot find any authority for it or any other solution. Thanks!RONR doesn't have a solution for this situation. In RONR, when nominations are held by ballot, each person receiving a vote is nominated. Your organization will have to decide what the rules contained in the bylaws mean. If there is ambiguity, See RONR(10th ed.), p. 570-573, for Some Principles of Interpretation, and when you get it figured out, amend the bylaws to state it more clearly. Link to comment Share on other sites More sharing options...
Robert B Fish Posted July 21, 2011 at 06:28 PM Report Share Posted July 21, 2011 at 06:28 PM I would say that their bylaws have the answer. Candidates A, B, and C were elected because each of them received votes sufficient to be in the top 4 as required in the bylaws. However, as there was a tie for 4th place, neither candidate was elected as neither received votes sufficient to be in the top 4. They have an incomplete election and must revote.-Bob Link to comment Share on other sites More sharing options...
Weldon Merritt Posted July 21, 2011 at 10:48 PM Report Share Posted July 21, 2011 at 10:48 PM I would say that their bylaws have the answer. Candidates A, B, and C were elected because each of them received votes sufficient to be in the top 4 as required in the bylaws. However, as there was a tie for 4th place, neither candidate was elected as neither received votes sufficient to be in the top 4. They have an incomplete election and must revote.-BobAs I read the question, this was a nominating ballot (by a "designated nominating body"), not an election ballot (by the parent organzaition). But since the bylaws say the nominees are "to be the four persons receiving the most votes," I agree that the same principle applies. Link to comment Share on other sites More sharing options...
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