Tied Election for Officers

[Guest Heather - AAW]

I'm going to make this as easy and brief as I can without leaving out the important parts...We really could use a little guidance. We are a small organization that consists of 80 members that pay dues. It was time this year for our annual elections. Nominations could be made to elect people to certain positions so when there were two nominations made they were put on the ballot. A set of absentee ballots were sent out to the people that requested them and returned.

On the night of our monthly board meeting we voted for new officers. (President, Vice President, Secretary, Treasurer, 3 members at large). After counting the votes and the absentees there was a tie for president (13-13 split votes counting absentee) It was decided that the members at the meeting would re-vote and the absentees would not be counted again. The results came back with a new president.

Now of course as an organization we are split. Some people are fine with the way the election was handled and there are those that are not okay with it. Was this handled according to Robert's Rules...or was there something different that should have been done? Any help would be greatly appreciated!! I hate the turmoil in the group as the new secretary I would love for everyone to start off on a good note! I feel until we get this issue resolved the organization will be split for good.

(Oh someone at the meeting changed their vote...had the absentee ballots been counted it would have been a 14-12 split)

[jstackpo]

First point: Do your Bylaws authorize absentee voting? If not, you are done; recount the first round of ballots but discard the absentee votes.

If they do, then your second round of voting was invalid because the absentees were improperly denied their right to vote in that second round. The members at the meeting have no right to disenfranchise the absent members. Run the election all over again.

Second point: was there a quorum present at the meeting?

[Trina]

I'm going to make this as easy and brief as I can without leaving out the important parts...We really could use a little guidance. We are a small organization that consists of 80 members that pay dues. It was time this year for our annual elections. Nominations could be made to elect people to certain positions so when there were two nominations made they were put on the ballot. A set of absentee ballots were sent out to the people that requested them and returned.

On the night of our monthly board meeting we voted for new officers. (President, Vice President, Secretary, Treasurer, 3 members at large). After counting the votes and the absentees there was a tie for president (13-13 split votes counting absentee) It was decided that the members at the meeting would re-vote and the absentees would not be counted again. The results came back with a new president.

Now of course as an organization we are split. Some people are fine with the way the election was handled and there are those that are not okay with it. Was this handled according to Robert's Rules...or was there something different that should have been done? Any help would be greatly appreciated!! I hate the turmoil in the group as the new secretary I would love for everyone to start off on a good note! I feel until we get this issue resolved the organization will be split for good.

(Oh someone at the meeting changed their vote...had the absentee ballots been counted it would have been a 14-12 split)

Aside from the points raised by Dr. Stackpole, I am puzzled by something else. In your first paragraph you seem to be describing an election conducted by the general membership (why else mention the 80 or so members or the organization). Then, in the second paragraph, some aspect of the same election is apparently being conducted at a board meeting? Aside from the question of absentee voting (is it allowed by your bylaws or not?), there seems to be confusion over which group is conducting this election. You can't conduct a general-membership-level election at a board meeting.

[sMargaret]

Nominations could be made to elect people to certain positions so when there were two nominations made they were put on the ballot. A set of absentee ballots were sent out to the people that requested them and returned.

In addition to the good points that have been made, you may wish to carefully refer to your bylaws for the process for nominations and how absentee ballots are distributed (if, indeed, they are allowed). Typically, additional nominations made by at the time of the election, but I'm not sure if that is the case in this situation. You said there were two nominations made - two people were nominated at a different meeting? Where did the other names on the ballot come from?

Depending on what your bylaws say, I would be tempted to simply hold the entire election again.

[Bruce Lages]

And specifically in response to your question "Was this handled according to Robert's Rules...?", RONR, 11th ed. p. 423, ll.25-31 says:

"An organization should never adopt a bylaw permitting a question to be decided by a voting procedure in which the votes of persons who attend a meeting are counted together with ballots mailed in by absentees. The votes of those present could be affected by debate, by amendments, and perhaps by the need for repeated balloting, while those absent would be unable to adjust their votes to reflect these factors."

You haven't said yet whether your bylaws provide for absentee balloting, but now you know first hand why RONR makes this statement.

[Guest Heather - AAW]

Aside from the points raised by Dr. Stackpole, I am puzzled by something else. In your first paragraph you seem to be describing an election conducted by the general membership (why else mention the 80 or so members or the organization). Then, in the second paragraph, some aspect of the same election is apparently being conducted at a board meeting? Aside from the question of absentee voting (is it allowed by your bylaws or not?), there seems to be confusion over which group is conducting this election. You can't conduct a general-membership-level election at a board meeting.

I'm sorry...you are right. I was wrong in my terminology. It was a general membership meeting. It was not a board meeting.

[Guest Heather - AAW]

Two months prior to the election meeting we were allowed to submit our unanimous nominations for positions on the board. If the nomination was duplicated by someone else it was considered seconded and that name was put on the ballot for the position if the person was contacted and willing to serve the position if elected. This nomination process was closed two weeks prior to the election night. Absentee ballots were sent out at that point in time.

I'm so new to this and would like the new board to start out on the right foot...would it help if I attach our complete by-laws? There has never been an election like this before....here is the portion of our by-laws that pertains to the election of members...I know from reading other posts on the forum that most don't like to make assumptions based on partial by-laws...but any help in this situation would be very much appreciated!!

ARTICLE IV - BOARD OF DIRECTORS

Section 1: Board Role, Size, Compensation. The Board is responsible for overall policy and

direction of the Council, and delegates responsibility for day-to-day operations to the Council

Director and committees. The Board shall have up to ten (10) and not fewer than four (4)

members. The board receives no compensation other than reasonable expenses.

Section 2: Meetings. The Board shall meet at least each quarter, at an agreed upon time and

place.

Section 3: Board Elections. Election of new board members or election of board members to a

second term will occur as the first item of business at the monthly meeting of August. The Board

will be elected by a majority vote of the current members

Section 4: Terms. All Board members shall serve a two (2) year term, but are eligible for re-

election.

[sMargaret]

But do your bylaws allow for absentee voting?

[g40]

Comments:

1. I see no provision for absentee voting inn what you quote.

2. Your nominating process of "seconding" a nomination seems to be absent from your bylaws and not according to RONR

3. I think (not sure) the phrasing of "majoroty vote of current members" might (by some) to be considered ambiguous.

[Guest Nancy N.]

And Heather, absolutely do not attach your bylaws, please. Not only would it be counterproductive, stuffing up the bandwidth and risking freezing the Internet for three days like Dan did a few years ago, but we shouldn't even be commenting on your excerpts, since no one should attempt to give an informed opinion on bylaws which he or she has not read in their entirety. You might want to post a link to your bylaws, if they are on the Internet, which would give readers the option. But then again, this forum would not be the place to discuss them. (Some posters are given to say that you're on your own, but I think that's inaccurately drastic: there are other resources out there.)

2

[sMargaret]

That said, posting a little snippet of the section of your bylaws where it refers to voting, and specifically absentee voting, probably won't freeze the internet, or bring upon you any wrath.

IF, indeed, the section of your bylaws that you posted was everything that your bylaws has about voting and elections, then your election wasn't done correctly at all, and you should get a copy of RONR and start reading at page 430, the section on Nominations and Elections. After that, declare that the most recent election was held incorrectly, and that you're going to do a new one in keeping with the bylaws. (end if statement)

[tctheatc]

That said, posting a little snippet of the section of your bylaws where it refers to voting, and specifically absentee voting, probably won't freeze the internet, or bring upon you any wrath.

Don't bet on the latter!

[Gary Novosielski]

Two months prior to the election meeting we were allowed to submit our unanimous nominations for positions on the board. If the nomination was duplicated by someone else it was considered seconded and that name was put on the ballot for the position if the person was contacted and willing to serve the position if elected. This nomination process was closed two weeks prior to the election night. Absentee ballots were sent out at that point in time.

Nominations do not require a second. Are you saying that a name which received one nomination was not included on the ballot? Why not?