elections

[Guest Lisa]

Question on this nomination process,etc.

Nominations are done for offices but who gets to vote?

Assembly is about 30 people and there are 7 board members one is always in charge of the meeting. If that in charge board member runs again for this in charge office position do they get to vote for themselves or not?

Our rules say that the in charge votes in ties under the assembly voting on matters. Separate area for elections says that in charge does not vote.

One area gives them a vote and election area does not so should it follow that they can vote in a tie which would be for themselves?

Or do they not vote at all? Even for themselves?

Or if a tie they do not vote and it has to be a re-vote?

Thank you.

[Gary c Tesser]

Sorry, Guest_Lisa, but some of this is hard to follow; I will take some stabs. (Snipping.)

...

Nominations are done for offices but who gets to vote?

In general, all members have the right to vote, always.

Assembly is about 30 people and there are 7 board members one is always in charge of the meeting. If that in charge board member runs again for this in charge office position do they get to vote for themselves or not?

The rule that all members have the right to vote includes members who are in charge, voting for themselves.

Now, in some organizations, board members might not actually also be members of the organization itself. When that happens, those board members cannot vote at meetings of the organization itself, because they are not members of it. That doesn't happen often -- usually members of an organization's board are members of the organization, too. But Guest_Lisa must determine whether which of those is the way it is in her organization. (I'm trying to cover all bases here.)

Our rules say that the in charge votes in ties under the assembly voting on matters. Separate area for elections says that in charge does not vote.

One area gives them a vote and election area does not so should it follow that they can vote in a tie which would be for themselves?

Well, it depends. You mention your rules. But there are different kinds of rules, and different levels of rules. It would take a bylaws-level rule to take away a member's right to vote, under any circumstances, or under just some circumstances. But a rule of a lower level that attempted to restrict or deny a member's rights would not be valid, so it should never have been adopted in the first place. (So it should be rescinded as soon as possible.) So one thing that the Original Poster, Guest Lisa, needs to determine is whether these rules that limit the presiding officer's right to vote are in the bylaws, or otherwise bylaws-level rules somehow.

But if it turns out that these rules are, indeed, provisions in the bylaws, or otherwise at (or above) the level of bylaws, then they are apparently in conflict. If they are, in fact, in conflict, the primary thing is for the organization to amend the bylaws, to harmonize these rules and remove the conflict. If you can do that before the election, then this problem goes away, yes?

If there really is a conflict, and if these rules cannot be fixed before the election, then Guest_Lisa's organization itself -- not anyone on the internet, not any expert, but the group itself -- must determine which way it will go. RONR provides some very useful principles of interpretation, on p. 588 - 591. I will offer the guess that if you -- your group, at a meeting -- can determine that one of the conflicting rules is more general, and the other one is more specific, then you should go with the more specific rule.

Or do they not vote at all? Even for themselves?

Or if a tie they do not vote and it has to be a re-vote?

There are often ties in elections, usually for less complicated reasons. The rule when there is a tie in an election is, you keep re-voting, until someone gets a majority.

Does some of this help?

Thank you.

You're welcome.

[Guest Joe]

Can you write in a canadate

[Guest Nancy N.]

Yes, in the frozen northern wastes.

[Gary Novosielski]

Can you write in a canadate

Yes, or a mexicote.