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vote to fill a vacancy


Guest Ashley Ward

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A board of 11 members has the right to fill a vacany on a committee. They were asked to propose 2 names each.

Only 4 members responded. Of teh names submitted, one candidate was proposed twice and the others only once.

Can this process be deemed to be an election of the candidate to fill the vacancy since the one candidate got more votes than anyone else, or is this just a ballot nomination which then needs to be voted on? What about the rule of needing a majority in a multi candidate election?

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Can this process be deemed to be an election of the candidate to fill the vacancy since the one candidate got more votes than anyone else, or is this just a ballot nomination which then needs to be voted on? What about the rule of needing a majority in a multi candidate election?

An election is just one method of filling a vacancy. Alternatively, the board could simply adopt a motion that, for example, Jane Doe be named to the committee. In any event, has the entire board voted or are you simply counting the "nominations" (one candidate was nominated twice and the other two just once each)?

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A board of 11 members has the right to fill a vacany on a committee. They were asked to propose 2 names each.

By whom was the board asked?

Only 4 members responded. Of teh names submitted, one candidate was proposed twice and the others only once.

Can this process be deemed to be an election of the candidate to fill the vacancy since the one candidate got more votes than anyone else, or is this just a ballot nomination which then needs to be voted on? What about the rule of needing a majority in a multi candidate election?

Was this done by ballot? If this was a nomination by ballot, each individual who received a vote is nominated, and the nominating ballot should not take the place of an electing ballot. In cases where the bylaws require an election by ballot, the nominating ballot cannot take the place of the electing ballot. See RONR (11th ed.), p. 436-437.

Also, in no event may a member nominate more persons than there are positions to fill. See RONR (11th ed.), p. 432, ll. 13-14.

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A board of 11 members has the right to fill a vacany on a committee. They were asked to propose 2 names each.

Only 4 members responded. Of teh names submitted, one candidate was proposed twice and the others only once.

Question: You stated that only 4 responded. If RONR controls, did they respond while attending a meeting, or in some other manner; say, electronic mail?

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