Elections

[Guest Angela Jenkins]

A convention is in currently in session and the last plenary session is within one hour. Our bylaws states:

Section 3 Elections

A. Nominees from the floor shall be present at the time the Nominating Committee gives its report.

B. An officer shall serve no more than two (2) terms in succession.

C. Only one of these officers shall reside in each region.

D. Campaigning procedures and guidelines for national officer elections shall be followed as established in the

organization's policy and procedures manual.

E. In the event a tie is recorded for candidates on the first ballot, further balloting shall be taken by the delegates

until all national officers have been elected by a majority of those delegates present. Abstentions will not be

counted.

F. In the event there is only one (1) candidate slated for an office and there are no nominations from the floor, the

presiding officer may entertain a motion that the candidate is elected.

G. National officers shall assume office at the conclusion of the national convention at which they are elected.

(2008)

Section 4 Vacancies

Any vacancy in a national office occurring during the interim shall be filled by appointment from the National

President with the approval of the National Executive Board with a candidate from the region that has lost

representation due to the vacancy. Candidates for appointment must meet eligibility requirements of the position as

stated in these bylaws to the extent possible. The exception shall be the vacancy in the office of the National

President, which shall be filled by the National Vice President.

We adopted a standing rule that we would follow the election rules. There is a rule that states that if a candidate does not receive a majority vote they must withdraw to be removed from the ballot. We have two candidates who have not received a majority vote. They will not withdraw their name. We have voted 4 times and the delegates are not going to elect these two candidates. We are looking at changing the standing rule which will allow us to drop a candidate from the ballot who does not receive a majority for elections. This would leave a vacancy for the position. However, the members from the two regions impacted say they will withdraw if nominated unless the two candidates on the ballot withdraw their names.

Questions:

1. Can we change the standing rule at this point and drop them from the ballot?

2. If no one accepts the nomination can we adjourn without electing these two officers?

3. Can the president then appoint these two officers after the adjournment?

Our conventions are biannually. We cannot have an adjourned meeting. Please advise how we can resolve this situation. Thanks.

[Guest Edgar]

We are looking at changing the standing rule which will allow us to drop a candidate from the ballot who does not receive a majority for elections. This would leave a vacancy for the position.

No it wouldn't. You'd (still) have an incomplete election and would need to continue voting until someone was elected.

[Guest Angela Jenkins]

If the current candidates were dropped from the ballot, this would leave the positions vacant. We would the take nominations to fill the slot. The problem is what if no one will accept nominations because the candidates removed did not withdraw their name. How would we resolve no one accepting the nomination for the delegate to vote on?

[David A Foulkes]

We adopted a standing rule that we would follow the election rules.

So.... you adopted a standing rule that you would follow the bylaws?

There is a rule that states that if a candidate does not receive a majority vote they must withdraw to be removed from the ballot.

Where does this rule exist, since it is not found in the bylaw snippet you provided?

[Guest Guest]

This rule was adopted at the onset of the conference.

[Dan Honemann]

So.... you adopted a standing rule that you would follow the bylaws?

Where does this rule exist, since it is not found in the bylaw snippet you provided?

Page 441?

[Guest Edgar]

The problem is what if no one will accept nominations because the candidates removed did not withdraw their name.

I'm afraid I don't understand. If a name is removed (though I suspect the legitimacy of this action), there's no name left to withdraw. It's been removed.

How would we resolve no one accepting the nomination for the delegate to vote on?

Well, for one thing, you could stop removing names from the ballot. But presumably the persons whom the president wants to appoint are willing to serve so why not elect them?

[Guest Nancy N.]

A convention is in currently in session and the last plenary session is within one hour.

You're really meeting right now??

...

A. Nominees from the floor shall be present at the time the Nominating Committee gives its report.

I'm guessing that should be "shall be presented" ... though that has problems itself. In any event, why not nominate a dark horse person who would be acceptable to the delegates?

...

E. In the event a tie is recorded for candidates on the first ballot, further balloting shall be taken by the delegates until all national officers have been elected by a majority of those delegates present.

Well, there you have it. Nobody goes home.

Abstentions will not be counted.

Maybe not, but they will mess things up. If you can amend the bylaws there in your last plenary session, you should dump this!

F. In the event there is only one (1) candidate slated for an office and there are no nominations from the floor, the presiding officer may entertain a motion that the candidate is elected.

Well, this is not horrible, but it is a waste.

...

We adopted a standing rule that we would follow the election rules.

For whatever purpose did you do that??

...

1. Can we change the standing rule at this point and drop them from the ballot?

2. If no one accepts the nomination can we adjourn without electing these two officers?

3. Can the president then appoint these two officers after the adjournment?

Our conventions are biannually. We cannot have an adjourned meeting. Please advise how we can resolve this situation. Thanks.

1. You could suspend the rules to accomplish this (p. 441, footnote). IF these rules are adopted like ordinary standing rules, you could probably do this also, having laid the elections on the table momentarily. But more likely these are not standing rules, but rules of order, so the threshold for changing them, since previous notice is impossible, will be a majority of the entire membership of the convention.

2. Nobody can force you all to stay. But your bylaws require it. Now, notwithstanding Rule B, if the bylaws define the terms of office with the words "and" or "or until their successors are elected" -- which is a good idea -- then if your convention abandons the elections, the current officers will stay. Probably for the next two years. If the terms are simply defined as the period between elections (rule G), then the seats will be empty (not, as Guest Edgar points out, "vacant" in the parliamentary sense -- which is the sense of the word that applies here).

3. No. see my answer to #2, and Guest Edgar's post (#2).

(Typed too much. Is it all over?)

[Guest Nancy N.]

(Post 3)

If the current candidates were dropped from the ballot, this would leave the positions vacant. We would the take nominations to fill the slot. The problem is what if no one will accept nominations because the candidates removed did not withdraw their name. How would we resolve no one accepting the nomination for the delegate to vote on?

(4. Please, Guest Angela, keep it Guest_Angela (or register). "Guest Guest" is too anonymous, and there are way too many of them already!)

5. Guest Angela, this is contrary to the way elections are regularly run. You don't need to have the obstinate, unacceptable nominees's names dropped in order to nominate other candidates. Just nominate them, and elect them (Guest Edgar's point, Post 7).

[Guest Nancy N.]

(My, this is exciting. I need a half-clonazepam.)

3

[Guest Don Stevens]

There are 7 areas od delegates at this convention-Each has nominated a candidate-the two problem areas want their nominee elected but the delegates do not and the two areas will not allow an alternate nominee to be placed in nomination

[Guest Nancy N.]

... the two areas will not allow an alternate nominee to be placed in nomination

For pity's sake. do the areas really have the power to reject nominations??

And come to think of it. Ms. Jenkins, Mr. Stevens -- if there's only one candidate per region, how can they not have got a majority vote??

[Guest Nancy N.]

And hold a minute. These others would not be "alternate nominees" -- they would be real nominees.

2

[Tim Wynn]

This is why an organization should retain the services of a parliamentarian for its conventions.

Could it be that the original poster meant to say that a standing rule was adopted indicating that the election rules will NOT be followed?

I'm sure that enough facts have not been provided to offer an adequate solution, and I don't believe enough facts could be reasonably provided on this forum.

[David A Foulkes]

Page 441?

Oh, I know about that rule, and was prepared to cite it. I was assuming (yes that can be painful) that the rule to which Guest_Angela referred was not the one found in RONR but rather one found in their bylaws, standing rules, convention rules, on the President's napkin, in the collective memory of the delegation, or in some other parliamentary resource such as The Crocodile Fancier's Guide to Parliamentary Law -- What Robert Really Meant.

[Tim Wynn]

Oh, I know about that rule . . .

I'm sure Dan can sleep better now.

[David A Foulkes]

I'm sure Dan can sleep better now.

And that's what it's all about, right? Wrathfulness can be soooo tiring.

[Guest dewey s]

Does a secret ballot have to exist in an election of officers?

[Tim Wynn]

Does a secret ballot have to exist in an election of officers?

Check the bylaws. If the bylaws require a ballot, a ballot must be used.

See RONR (11th ed.), p. 438, ll. 20 - 22.