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No Confidence Vote as a Standing Rule


Guest Loren Lee

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No confidence was added as a standing rule during the annual convention. It was stated by the chair that the No Confidence will be listed as a person on the ballots. Their Bylaws state that the canidate must be present and in good standing. They also must sign a consent agreement that agrees that they will do their specific job if elected. How can a no confidence vote exist. Some said it wasn't discussed in Roberts so they can make up any rule they wanted. The question is how can this be done or is it out of order. What would be the remedy to a sole canidate for a position who lost to a no confidence vote?

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RONR says it is not proper to vote for "None-of-the-Above" or the equivalent. P. 430. Sounds like your "No Confidence" is an equivalent.

However, any association is free to adopt special rules of its own, whatever they may mean (p. 10) - these will supercede RONR's rules. It look as though you have done that, so it is up to your association to figure out what the rule means and implies.

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How can a no confidence vote exist.

Don't ask me, ask the people who made this crazy rule. :)

Some said it wasn't discussed in Roberts so they can make up any rule they wanted.

Well, something similar is discussed in RONR, 11th ed., pg. 430, lines 10-16, but the members are ultimately correct that they can "make up any rule they want" so long as the rule is adopted in accordance with parliamentary law, the organization's existing rules and any rules imposed by a higher authority (such as the rules of a parent assembly or applicable law) (RONR, 11th ed., pg. 10, lines 21-30).

The question is how can this be done or is it out of order.

A convention standing rule may include rules of order, so that was the appropriate tool in the circumstances.

What would be the remedy to a sole canidate for a position who lost to a no confidence vote?

Well, it's improper to not elect anyone to a position which is required by the Bylaws, so the only sensible course of action is to have another round of balloting. A motion to reopen nominations would be in order and would seem to be wise in the situation you describe.

If it was actually desired to provide a method to avoid filling a position required in the Bylaws, that would require a rule in the Bylaws.

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