Continuing Breach - bylaws require ballot voting - then what?

[sMargaret]

I have had this question asked of me off-line.

In the situation where an election has taken place, the bylaws require a vote by ballot, and a ballot vote was not taken, this is a continuing breach of order according to RONR, page 251, and therefore can be raised as a point of order at any time.

In a situation where some one was running unopposed, if this point of order were to be raised, then presumably the chair could rule this not well taken, as there would be no known changes to the results.

Suppose we have a situation where the position was contested - what should the chair do, should a point of order be raised? Hold the election again? Declare all actions of the board null and void since the election?

[Sean Hunt]

In a situation where some one was running unopposed, if this point of order were to be raised, then presumably the chair could rule this not well taken, as there would be no known changes to the results.

No, since members could have written candidates in. A ballot vote is required even if there is only one candidate unless the by-laws specifically provide for acclamation in that case.

Suppose we have a situation where the position was contested - what should the chair do, should a point of order be raised? Hold the election again? Declare all actions of the board null and void since the election?

Yes, yes, and no.

[woodpusher]

All elections shall be by secret ballot, unless a secret ballot is dispensed with by unanimous vote, with a majority vote of all active individual members present and voting necessary to elect each officer.

Does the dispensing vote have to be by ballot? I think so. More often than not, our elections have been by acclamation lately. Do we have to amend our bylaws?

[Guest Edgar]

Please post your new question as a new topic. This thread is nearly half a year old.