Automatic Listing of Sitting Board Members on Ballots

[NCSUSBCA]

At the last annual meeting, one sitting board member was not pre-listed on the ballot. The nominating committee had determined that this person was eligible to be re-elected, but the committee voted that this person had to be nominated from the floor (a previous Forum topic covered this situation). However, the President took exception after the vote and stated that this director should have automatically been listed on the ballot because "That's the way it has always been done, and I have never known a sitting board member not to be on the pre-printed ballot". This has been a highly controversial matter. The President was so displeased, all of this year's (2012-2013) nominating committee chair and members she selected to be nominating committee members are not sitting board members. Please issue a ruling concerning the automatic listing of candidates on pre-printed ballots.

This brings up the second question. Sitting board members are required to sign a statement of confidentiality concerning board meetings, committee meetings, and other official functions during which specific discussions may not be disclosed to non-board members. Since the nominating committee is now ALL non-board members, should they be required to also sign the confidentiality statement? And if not, are they subject to the same disciplinary actions applicatory to sitting board members should any of the non-board members disclose the proceedings of the committee to anyone not on the committee? Hopefully this is not too confusing.

Thanks.

[Guest Edgar]

Please issue a ruling concerning the automatic listing of candidates on pre-printed ballots.

We don't issue rulings here.

That said, a ballot can be as simple as a blank piece of paper. RONR wisely leaves the details up to each organization. My own opinion is that, if the names of nominees are pre-printed (and that's only practical if nominations are closed sufficiently prior to the election), all nominees should be treated equally. And the best (i.e. most transparent) way to do that is to list them alphabetically.

Further, RONR recommends that the president have nothing to do with the nominating committee,

As for your second question, it would probably have been better to post it separately but it will be up to your organization to determine the applicability of your unique confidentiality rules.

[Rev Ed]

As for your first question, if the organization has a custom of printing names of incumbnents pre-printed on the ballot, then that is the way to do it. However, all nominations known in advance (i.e. any incumbnent members, plus the Nominating Committee's recommendations) should be pre-printed with a blank line for write-in votes or for votes of anyone who might be nominated at the meeting.

As for the confidentiality statement, it is up to the organization to decide - and about all Committees not just the Nominating Committee. Although RONR recommends that the President not be a member of the Nominating Committee, I'd say that it can be practical for the Nominating Committee to not have any Board members on it to appear 'neurtral' but that's just my two cents.

[Guest Edgar]

As for your first question, if the organization has a custom of printing names of incumbnents pre-printed on the ballot, then that is the way to do it.

With all due respect, that's not the way to do it. It makes no sense to assume that every incumbent (presumably only those whose terms are expiring) is a candidate, even if that's the way it's always been done. One doesn't become a nominee by default.

[Trina]

...

The President was so displeased, all of this year's (2012-2013) nominating committee chair and members she selected to be nominating committee members are not sitting board members.

...

How does the President come to have sole control over the selection of members of the nominating committee?

[Rev Ed]

With all due respect, that's not the way to do it. It makes no sense to assume that every incumbent (presumably only those whose terms are expiring) is a candidate, even if that's the way it's always been done. One doesn't become a nominee by default.

But an organization can create any custom it wishes, even this one. But yes, you do make a point in that a person may not wish to stand for re-election, so it would be bad to assume this. At the end of the day though, it is up to the organization to decide and the Board as a whole (if they are also members of the organization) can produce a list of candidates which just happen to be themselves.

[sMargaret]

I did find a previous post that speaks about pre-printed ballots:

"RONR neither prescribes nor proscribes the use of preprinted ballots..., although for reasons of practicality and fairness, it is generally ill-advised to use such ballots unless all the nominees are known in advance. They are not well-suited for use when nominations can be made from the floor on the night of the election."

http://robertsrules.forumflash.com/index.php?/topic/14403-what-does-ballot-mean/page__hl__%2Bprinted+%2Bballot__fromsearch__1

In other words, do you actually need to have pre-printed ballots? Would blank pieces of paper work just as well?

If your chair often says ""That's the way it has always been done", then you may wish to point out to the chair that while a custom rule is as binding as an actual rule, if there is a conflict between the custom and the bylaws/rule of order, then the custom is no longer valid. Just because it's been done wrong before, doesn't make it right in the future.

[Rev Ed]

In other words, do you actually need to have pre-printed ballots? Would blank pieces of paper work just as well?

That can be the best practise.

[NCSUSBCA]

Thanks to all for your responses, and I didn't mean for there to be controversy among any of you. Such is life.

Let me clarify (or muddy) the situation with some background information...

We are a 501©(3) non-profit certified at either the state/territorial/provincial (we do have Canadian associations) or local level under the United States Bowling Congress. This is the merged national body that once was ABC, WIBC, and YABA (Young American Bowling Association). The grand merger occurred about seven years ago. There are about 60 state/territorial/provincial associations and around 1400 local associations within those states, territories, and provinces.

One of the requirements as a certified state association - my level in North Carolina - is that we must include a number of bylaws that are mandated by the national body. This does include the use of ballots in all elections unless someone is running unopposed. The national people allow that person to be elected by acclamation. The nominating committee is selected by the association President in accordance with the national bylaws. This is not an option.

The use of pre-printed ballots is one of the bylaws mandated to all associations under the national guidelines. As such, we do use pre-printed ballots. The controversy that has been the topic of this and a related forum is who gets listed on the pre-printed ballot. The nominating committee accepts applications for anyone - both current sitting officers/directors as well as non-sitting members who paid their individual certification dues for the year - then determines (1) who is fully qualified for a position and recommended by the committee to be listed on the ballot and (2) who is qualified, but who is not recommended for inclusion on the ballot due to any number of factors, but who may be nominated from the floor for that position.

We issue a slate of both recommended candidates as well as those eligible to be nominated from the floor in a mass mailing that, as the national body demands, must be mailed to all delegates a minimum of six weeks prior to the annual meeting during which the elections take place. Please note that I write ALL candidates are on the slate.

We also issue a booklet when delegates register that again includes the slate already mailed to them.

We have a "Meet the Candidates" session prior to the general session during which candidates listed on the ballot are invited to address the delegates and answer questions concerning their candidacies. People eligible for nomination from the floor are not included in that session. (That may be one of the problems, but I am not sure whether this is relevant. Your comments are invited.)

During the general session the elections take place in accordance with the national guidelines, our state bylaws, and RONR. Nominations from the floor are accepted, and these candidates are written onto the ballots that have blank lines for this purpose. Once all nominations from the floor have been made, nominations are closed, and the delegates mark the ballots with the pre-printed names and those they have written on the ballots. The sergeant-at-arms uses tellers selected from the delegation to collect the ballots. The tellers take the ballots to a private room for counting, and they report back to the President (another national mandate) with the results. The President then announces who has been elected to the position(s). This is the process for each officer and director election.

Maybe this information will provide some idea about the election process we must follow. I do know that in a separate forum, one of the RONR staff members stated that it is up to the nominating committee to decide who is on the pre-printed ballot and who is not listed but eligible for nomination from the floor. The issue of the President's statement concerning the "That's the way is has always been done" seems to fly in the face of that staff member's opinion. That staff member also suggested that if we wanted to allow sitting officers/directors who have submitted applications for re-election to be automatically listed on the pre-printed ballot, we should have a bylaw that specifically allows that to occur. I would appreciate the comments and opinions from you and others concerning that suggestion.

I apologize for the massive length of thie reply, but I believe the information may aid you in forming your responses.

Many thanks!

[Guest Edgar]

I do know that in a separate forum, one of the RONR staff members stated that it is up to the nominating committee to decide who is on the pre-printed ballot and who is not listed but eligible for nomination from the floor.

Really? Where might this "separate forum" be and who is the RONR "staff member"?

[sMargaret]

The use of pre-printed ballots is one of the bylaws mandated to all associations under the national guidelines. As such, we do use pre-printed ballots. The controversy that has been the topic of this and a related forum is who gets listed on the pre-printed ballot. The nominating committee accepts applications for anyone - both current sitting officers/directors as well as non-sitting members who paid their individual certification dues for the year - then determines (1) who is fully qualified for a position and recommended by the committee to be listed on the ballot and (2) who is qualified, but who is not recommended for inclusion on the ballot due to any number of factors, but who may be nominated from the floor for that position.

Skipping over all the separate forum bits, what do your bylaws actually say about pre-printed ballots? Are these your bylaws?

http://www.ncbowls.com/images/NCS_USBCA_State_Bylaws_with_Mandated_Changes_Revised_2-1-2012_.pdf

If so, they don't seem to say anything about pre-printed ballots being required. They also don't seem to define the nominating committee.

[Guest Nancy N.]

Thanks to all for your responses, and I didn't mean for there to be controversy among any of you. .

What, you think we needed your help?

[Guest Nancy N.]

But I'd also like to know about the forum and the staff member. PostNCSUSBCA[, come back!

[NCSUSBCA]

I can't find that specific forum I noted, but I did print off that response. But as luck would have it, now I can't find that printout. I can't win. So it seems that my reply is hearsay without proof.

The bylaws concerning using ballots are not the state bylaws, but rather the national bylaws. You might be able to find them on bowl.com, their national website. But good luck, because that site is a nightmare when navigating to what you want.

Again, thanks to all.

[sMargaret]

Still curious about this - the national bylaws only refer to ballots once: "All votes of the Voting Members at the Annual Meeting shall be cast by electronic ballot which shall be the sole method for determining votes at the Annual Meeting unless the President (or in the President’s absence, the President Elect, or in the President Elect’s absence, the Second Vice President), in his or her sole discretion, determines the circumstances reasonably require a different method of voting."

http://www.bowl.com/Associations/USBC_Access/USBC_Bylaws/

Nothing about pre-printed ballots. Your "merged state bylaws" state that "Voting will be by ballot if there is more than one nominee for each position." - again, only ballot is used, not pre-printed ballots.

I'm going back to this because it seems to me that a lot can be solved here by using a blank piece of paper as a ballot. Keeping it simple is not a bad thing.

[Dan Honemann]

Still curious about this - the national bylaws only refer to ballots once: "All votes of the Voting Members at the Annual Meeting shall be cast by electronic ballot which shall be the sole method for determining votes at the Annual Meeting unless the President (or in the President’s absence, the President Elect, or in the President Elect’s absence, the Second Vice President), in his or her sole discretion, determines the circumstances reasonably require a different method of voting."

http://www.bowl.com/...ss/USBC_Bylaws/

Nothing about pre-printed ballots. Your "merged state bylaws" state that "Voting will be by ballot if there is more than one nominee for each position." - again, only ballot is used, not pre-printed ballots.

I'm going back to this because it seems to me that a lot can be solved here by using a blank piece of paper as a ballot. Keeping it simple is not a bad thing.

But please keep in mind that this forum is not concerned with the interpretation of bylaws except for calling attention to any provisions in RONR (usually definitional in nature) which may prove to be of assistance and the principles of interpretation found on pages 588-91.

[sMargaret]

For my own clarity, does it count as "interpretation of bylaws" to state that if a set of bylaws refers to ballots, it doesn't necessarily mean pre-printed ballots?

I haven't had enough coffee yet this morning, as that may sound kind of snarky, but it's not meant to be. I will also fully take responsibility for web-bylaw-stalking and posting the link, as that was an excessive amount of zeal.

Oooh - and RONR, 11th edition, page 413 - "A ballot can consist of simply a small slip of paper on which the vote writes his choice... if it is unknown ahead of time...what the exact questions are, the ballots should be prepared in advance..."

[Guest Edgar]

I will also fully take responsibility for web-bylaw-stalking and posting the link, as that was an excessive amount of zeal.

And I suspect that may well have been the wrath-inducing, camelback-breaking straw.

[Guest RobertJ]

When all is said and done, I'm wondering when you get to approve your Annual meeting minutes. I posted a separate topic about this. My homeowners association in California meets once a year to elect officers and so we've been approving the Annual meeting minutes a year later. I want to get them approved sooner but that would take a vote of the homeowners to delegate the approval of the Annual Meeting minutes to the newly elected HOA Board at the next HOA monthly Board meeting. With all you have going on with the nominating committee and election, it would seem to me that you would want to do likewise at least so that your nominating and election process is documented in your minutes accurately. I don't know that it would be feasible for you to hold another General membership meeting soon after your Annual meeting just for the purpose of the General membership approving the Annual meeting minutes. If you're approving those minutes a year later, I'd guess that there is less concern at that time with what happened a year ago.