Recall of Election

[Guest tjle]

We have had a general member accuse an executive board member of using the organizations records to obtain her phone number. A special exec board meeting was called to hear the complaint. The issue was not resolved so as advised by our parent organization, it goes before the general members. The complaintant is to bring a motion for a "recall of elections" against this board member as opposed to calling for a resignation. Is this correct and does it call for majority or 2/3 vote? Also, can the president limit the time for the members to speak? Thank you for your advice.

[Josh Martin]

The complaintant is to bring a motion for a "recall of elections" against this board member as opposed to calling for a resignation. Is this correct and does it call for majority or 2/3 vote?

Well, it is certainly correct that to "call for a resignation" is not the proper procedure. A resignation is a voluntary act, and I take it the executive board member is unwilling to resign. RONR does not use the term "recall of elections." The proper procedure for removing a board member depends on how the term of office is defined in the Bylaws. See FAQ #20 for more information.

Also, can the president limit the time for the members to speak?

No, the President has no such authority. The general membership may limit debate on the motion if it wishes, which requires a 2/3 vote. If no such motion is adopted, the default limits on debate are that each member may speak twice for up to ten minutes each time. If a formal trial is required, the rules are a bit different. Be sure to read Section 63 of RONR in its entirety before proceeding if formal disciplinary procedures are needed.

[Chris Harrison]

Yes the Board member can be removed from office. Look to your bylaws to determine if there is any provision for discipline. If there is you will need to follow it. If the bylaws are silent then look to how the term of office is defined for Board members. If the term is for x years OR until their successor is elected (or some comparable wording) then the election can be Rescinded (see RONR pp. 305-310). If the term is for x years or x years AND until their successor is elected (or some comparable wording) then you will have to hold a Chapter XX trial (see RONR Chapter XX). The President doesn't have the authority to unilaterally limit debate unless the bylaws grant him that authority or the assembly does so.

[Guest Lorina]

An election for officers of the board occurred and was won by an overwhelming majority using the write-in ballot option. At the election the results were accepted and announced by the election committee. Some days later the election was contested because the claim was made that the write-ins were invalid as they were in printed format, and all identical write-ins.

Can the election be overturned?

[Tim Wynn]

We have had a general member accuse an executive board member of using the organizations records to obtain her phone number.

Do you actually have a rule against that?

[Guest Edgar]

An election for officers of the board occurred and was won by an overwhelming majority using the write-in ballot option. At the election the results were accepted and announced by the election committee. Some days later the election was contested because the claim was made that the write-ins were invalid as they were in printed format, and all identical write-ins.

Can the election be overturned?

Triplicate post.