Ruling on a Point of Order

[Moderator Tim]

At an upcoming meeting, it is reasonable that someone might raise a Point of Order about a conflict we have between a "standing rule" that the Nominating Committee prepares the ballot and a "custom" of allowing nominations from the floor. My understanding from Robert's is that, when challenged, the custom yields to the standing rule.

My question is: How do you rule on the point of order if a later item on the agenda would address the conflict that the point of order raises?

My sense is that our group wants to allow nominations from the floor, and that my ruling and the later handling of business could go in opposite directions on what is essentially a decision the group needs to make.

I'm looking for a way to "pass" on this one.

[Chris Harrison]

Unless your bylaws (or a Special Rule of Order) prohibits it the floor IS open to nominations after the Committee makes its nominations (RONR pp. 435-436). So even if there is a Standing Rule that says the nominating committee prepares the ballot that doesn't stop floor nominations from taking place (though I would highly suggest you all Rescind that Standing Rule because it might give the typed up committee nominations an unfair advantage over the written in names of the floor nominees). So if a Point of Order is raised you should rule that way.

[J. J.]

At an upcoming meeting, it is reasonable that someone might raise a Point of Order about a conflict we have between a "standing rule" that the Nominating Committee prepares the ballot and a "custom" of allowing nominations from the floor. My understanding from Robert's is that, when challenged, the custom yields to the standing rule.

It is a rule, not a custom, that nominations may be made from the floor (p. 435, ff.). Unless your rules specifically prohibit nominations from the floor, they must be call for by the chair.

Further, the rule that nomination from the floor are prohibited (if you do have one) is a rule of order and may be suspended by a 2/3 vote.

[jstackpo]

Unless you have a bylaw rule forbidding floor nominations (probably not, since you have been doing them without anybody finding such a rule and objecting) the opportunity for them is required by RONR - p. 435.

There is no "conflict" between the NomCom preparing a ballot (of nominees they have advance notice of and who have been vetted following your rules) and floor nominations.

Just be sure the ballots have spaces for people to write in those floor nominations -- if they wish to -- along with a box for a check, or "x", mark indicating they are voting for the floor nomination.

Also leave blank spaces for possible (un-nominated) write-in votes.

[Moderator Tim]

Thanks, that clears it up. I had not noted that calling for nominations from the floor was a requirement of Robert's Rules. One of our "Conference Rules" is that Robert's Rules are the standard for any point not covered by our short list of Conference Rules.