elections

[Guest Lisa]

A president and treasurer terms are over. 2 people have stepped up for both offices. The current officers will not step down and have forced a secret ballot. Is that legitimate?

[Sean Hunt]

A president and treasurer terms are over. 2 people have stepped up for both offices. The current officers will not step down and have forced a secret ballot. Is that legitimate?

There are two separate questions here.

First, can they force there to be an election?

The answer is yes in a vacuum, but your specific rules may affect this. If there are no term limits or anything of the sort in your bylaws, nothing prevents the incumbent President and Treasurer from seeking re-election through the normal process. If such rules exist, then they cannot be re-elected and a Point of Order should be made to that effect, and Appealed if necessary.

Second, can they force there to be a secret ballot?

The answer is no, with a qualification. If your bylaws require a secret ballot to held, this rule cannot be violated. The election must take place by secret ballot. If your bylaws do not require a secret ballot, however, they cannot force there to be a secret ballot. They can only make a motion that the vote on the election be taken by secret ballot, which takes a majority vote to be adopted.

[Chris Harrison]

When an officer is legitimately voted out of office or their successor is elected or the office falls vacant based on how the bylaws define the term of office that officer is out of office. If President Obama is defeated in 2012 but decides that he doesn't want to give up the office on January 20, 2013 do you think for a second that the new guy wouldn't have the Secret Service toss him out on his ear?