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Call for a repeat election?


Guest Rise W. Sandrowitz

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Guest Rise W. Sandrowitz

A vote took place for the next chair of a committee. One third of the group was missing due to offical leaves of absence, attendance at professional conferences, etc. Those who were going to be absent, knowing the importanceof this vote, tried to have the meeting postponed to no avail. There was no urgrency for the vote to be taken on that date especially since an additonal meeting was added to the calendar for 2 weeks later. The new chair was elected by a margin of one vote. She had a plurality but not a majority. Is it correct to ask for a recall of the new chair or a revote since many more members of the committee will be present at the next meeting?

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No, as long as those who did not attend had proper notice of the meeting.

But a majority is required to elect someone. Were there more than two candidates for chair of the committee? If nobody received a majority of the votes actually cast, then it's possible that nobody was elected, but there are too many details missing to tell for sure. If you're saying it was less than a majority because some were absent, then that's not valid. "Majority" means a majority of those present and voting. Abstaining, or being absent, count as not voting.

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There were 15 present and 8 absent. Two were nominated. The vote was 8-7.

As noted already, a majority vote (that is, more than half of the votes cast) is a vote of those present and voting. With 15 members present and voting, a majority would require more than 7 1/2 votes, which was received by the winning nominee. Thus, the election was valid, based on the information you've provided.

She had a plurality but not a majority.

A plurality is the largest number of votes between three or more choices, such as nominees, which you didn't have this time. In your case, it was in fact a majority.

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Thus, the election was valid, based on the information you've provided.

However, the validity of the election doesnot necessarily effect the assembly's ability to "undo" what it has previously done.

RONR, p. 497, "Unless the bylaws or other governing rules expressly provide that committee member shall serve "....and until their successors are chosen" or for a fixed period, as "....for a term of two years" (in which case the procedure for their removal or replacement is the same as that for officers descrbed on p. 654), committee members (including the chairman) may be removed or replaced as follows: If appoint was as in paragraphs (a), (B), (c.), or (e) above, the removal or replacement of a committee member requires the same vote as for any other motion to Rescind or Amend Something Previously Adopted."

In the situation that you've describe (with so many board members, absent) and unless the bylaws somehow provide differently, according to Robert's you should be able to rescind or amend the vote appointing the committee chairman.

Note: Somehow, the "copyright ikon 'c' " is showing up and it won't allow me to edit it out.

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