Election of Officers in a Non-Profit organization using Proxy votes.

[Guest Guest- Joseph]

Election of Officers in a Non-Profit organization using Proxy votes.

At our recent annual meeting there was an Election of Officers for the upcoming 2 year terms.

This organization uses the proxy votes from members of the Board of Directors that were not in attendance by attending members.

2 people were nominated for President

a secret ballot slips were handed in, votes were counted and the sitting President lost the vote.

2 people were also nominated for 1^st Vice President

a secret ballot slips were handed in, votes were counted and the sitting Vice President lost the vote.

The rest of the slate were unopposed.

HERE IS THE QUESTION:

After all the slate was cast, members complained that they forgot to cast some of their proxy votes!

Can the Election be deemed VOID and a New Election Held, because some forgot to vote their Proxy vote? Or dose the FIRST vote stand? And tuff luck they forgot to vote their proxy votes?

INTHIS CASE the vote was re-held and the sitting President was re-lected, IS THAT POSSIBLE?

Now there is a lot of turmoil in the club. How does Robert Rules of Order Apply?

THANK YOU FOR YOUR HELP!

[Gary c Tesser]

First, read FAQ #10, "Should proxy votes be counted?" at www.robertsrules.com/faq.html#10.

[David A Foulkes]

Gary - If you include the http:// part, like this -> http://www.robertsru...com/faq.html#10 it makes it a clickable link. Easier for the poster to follow. Or just use the link function in the editor screen. Whatever works fer ya.

[Gary c Tesser]

I deliberately clipped the "http://" because we used to have to. I lost track of when it became OK again. It's just a tough year.

("Link function." "Editor screen." O my, I'm sure those are individually English words.)

... So Guest_Joseph, what now?

[Tim Wynn]

Election of Officers in a Non-Profit organization using Proxy votes.

At our recent annual meeting there was an Election of Officers for the upcoming 2 year terms.

This organization uses the proxy votes from members of the Board of Directors that were not in attendance by attending members.

2 people were nominated for President

a secret ballot slips were handed in, votes were counted and the sitting President lost the vote.

2 people were also nominated for 1^st Vice President

a secret ballot slips were handed in, votes were counted and the sitting Vice President lost the vote.

The rest of the slate were unopposed.

HERE IS THE QUESTION:

After all the slate was cast, members complained that they forgot to cast some of their proxy votes!

Can the Election be deemed VOID and a New Election Held, because some forgot to vote their Proxy vote? Or dose the FIRST vote stand? And tuff luck they forgot to vote their proxy votes?

INTHIS CASE the vote was re-held and the sitting President was re-lected, IS THAT POSSIBLE?

Now there is a lot of turmoil in the club. How does Robert Rules of Order Apply?

THANK YOU FOR YOUR HELP!

There's nothing about "forgetting to vote" that would invalidate the result of the election.

[Guest Joseph]

THANK YOU MR Wynn for taking the time to respond.

[Trina]

There's nothing about "forgetting to vote" that would invalidate the result of the election.

But what do they do now to fix the mess? Apparently they went ahead and re-voted, and declared different winners of the election the second time through.

I think this (second 'election') is a continuing breach (RONR 11th ed. p. 251 ( b )), in that 'a main motion has been adopted that conflicts with a main motion previously adopted and still in force.' See also p. 445 ll. 23-25 which specifically describes a p. 251 ( b ) violation in the context of an election. The assembly that conducted the election could address the violation, by means of a point of order, raised at a meeting of the assembly.

[Tim Wynn]

I think this (second 'election') is a continuing breach (RONR 11th ed. p. 251 ( b )), in that 'a main motion has been adopted that conflicts with a main motion previously adopted and still in force.'

Your thoughts are correct. Other factors would have to be examined to know what options are available to the organization in regards to removing an individual (the properly elected individual) from office.

[SaintCad]

Assuming the bylaws allow proxy votes, should the proper procedure been for a Motion to Reopen the Polls? Assuming there was no motion/vote taken then the first vote is the valid one, correct? Then this would be the point of order raised and expect to appeal.

[Sean Hunt]

Assuming the bylaws allow proxy votes, should the proper procedure been for a Motion to Reopen the Polls? Assuming there was no motion/vote taken then the first vote is the valid one, correct? Then this would be the point of order raised and expect to appeal.

If this was done before the results were announced, yes. Once the chair announced the results of the vote, it was too late and the vote was final (assuming that the new President and Vice-President were present; if not, a member who voted for the winner could have moved to Reconsider the vote just taken, and if that was adopted, another vote could be made).

[Tim Wynn]

If this was done before the results were announced, yes. Once the chair announced the results of the vote, it was too late and the vote was final (assuming that the new President and Vice-President were present; if not, a member who voted for the winner could have moved to Reconsider the vote just taken, and if that was adopted, another vote could be made).

Also, if any absent winner had consented to his candidacy, the election is final and the vote on it cannot be reconsidered.