Presidential Reconsideration

[Guest Mark Dirk]

I was recently elected president of my student organization, it is not quite like a fraternity but really it is close enough. In our next meeting someone, who voted against me in a secret vote, plans to bring me up for reconsideration and I was wondering two thing.

1. Is he even allowed to make the motion? he voted against me and it is not the same day as the original vote, but it is the next meeting.

2. Is he allowed to run or can only the people in the original vote run?

and if you can, can you include the text where it answers these questions?

[Chris Harrison]

An election that has became final (by the winner being present when the results were announced or if absent when notified and he didn't immediately decline the office) cannot be Reconsidered (RONR p. 444). Also, an election cannot be Rescinded except for reasons of discipline and only then if the bylaws are worded to permit it (RONR p. 308, pp. 653-654).

[Josh Martin]

I was recently elected president of my student organization, it is not quite like a fraternity but really it is close enough. In our next meeting someone, who voted against me in a secret vote, plans to bring me up for reconsideration and I was wondering two thing.

1. Is he even allowed to make the motion? he voted against me and it is not the same day as the original vote, but it is the next meeting.

2. Is he allowed to run or can only the people in the original vote run?

and if you can, can you include the text where it answers these questions?

The motion to Reconsider is not in order in this instance for several reasons:

• The member did not vote on the prevailing side (although you really have no way of proving this since the vote was taken by ballot). (RONR, 11th ed., pg. 315, lines 28-29)
  
• The time limits for making the motion to Reconsider have passed (it must be made on the same day, or on the next business day in a multiple day convention). (RONR, 11th ed., pg. 316, lines 22-30)
  
• Lastly, and most importantly, the motion to Reconsider may not be applied to an election to office after the election has become complete, which is immediately if the candidate is present and does not decline or if he is absent and has consented to his candidacy, or if he is absent and has not consented, is when the member is notified and does not immediately decline. Since you seem to be aware and accepting of your election, it is clearly complete and may not be reconsidered. (RONR, 11th ed., pg. 444, lines 18-27)
  

So it is not in order for that member - or anyone else - to make a motion to Reconsider the election. Depending on the wording in your Bylaws, however, it might be in order to move to Rescind the election. See FAQ #20 for more information. If in order, it requires a 2/3 vote, a vote of a majority of the entire membership, or a majority vote with previous notice for adoption. If not in order, the member may only attempt to remove you through the formal disciplinary procedures in your Bylaws, or in Ch. XX of RONR if your Bylaws are silent. Lastly, I should note that if a motion to Rescind or related to disciplining you is made (provided the motion is in order), you should relinquish the chair to the Vice President for the consideration of the motion.

Now, if the member does somehow succeed in removing you (which will be quite a bit more difficult than he thinks), this will create a vacancy and the Vice President will automatically become President, so there will be no election for President. The election for VP (which requires previous notice) will follow the vacancy-filling procedures in your Bylaws, or if they are silent, the vacancy will be filled by the same body which elected the VP to begin with, and any eligible candidate can run for the position.

Also, an election cannot be Rescinded except for reasons of discipline and only then if the bylaws are worded to permit it (RONR p. 308, pp. 653-654).

The bolded part is no longer true. Compare the language of RONR, 11th ed., pg. 653, line 23 - pg. 654, line 13 to the language of RONR, 10th ed., pg. 642, line 29 - pg. 643, line 14. You'll notice that in the current edition, the language about "cause" only applies to the second case (when formal disciplinary procedures are required).

[Guest Edgar]

I was wondering two thing.

I think you can rest assured that, at the close of the next meeting, you will still be president.

[Guest Mark Dirk]

I was recently elected president of my student organization, it is not quite like a fraternity but really it is close enough. In our next meeting someone, who voted against me in a secret vote, plans to bring me up for reconsideration and I was wondering two thing.

1. Is he even allowed to make the motion? he voted against me and it is not the same day as the original vote, but it is the next meeting.

2. Is he allowed to run or can only the people in the original vote run?

and if you can, can you include the text where it answers these questions?

I forgot to mention I have not been installed as president yet, I don't know if that makes a difference

[Trina]

I forgot to mention I have not been installed as president yet, I don't know if that makes a difference

Read the points made by Mr. Martin again:

• The member did not vote on the prevailing side (although you really have no way of proving this since the vote was taken by ballot). (RONR, 11th ed., pg. 315, lines 28-29)
  
• The time limits for making the motion to Reconsider have passed (it must be made on the same day, or on the next business day in a multiple day convention). (RONR, 11th ed., pg. 316, lines 22-30)
  
• Lastly, and most importantly, the motion to Reconsider may not be applied to an election to office after the election has become complete, which is immediately if the candidate is present and does not decline or if he is absent and has consented to his candidacy, or if he is absent and has not consented, is when the member is notified and does not immediately decline. Since you seem to be aware and accepting of your election, it is clearly complete and may not be reconsidered. (RONR, 11th ed., pg. 444, lines 18-27)
  

None of this is changed by the fact that you haven't been installed yet. RONR doesn't deal with installation of officers; the default situation is that officers take office immediately upon election. However, even if you have a gap between election and installation, the election is still complete, as defined in the third bullet point above.

[Tim Wynn]

RONR doesn't deal with installation of officers; the default situation is that officers take office immediately upon election.

RONR deals with it sufficiently, by making it clear that an installation does not affect the time at which individuals take office.