election script

[Guest inquiring mind]

Our association utilizes a nominating committee for the purposes generating a recommended slate of officers. Our bylaws state additional nominations may be made by a petition within a specified time frame. If no such petitions have been received, are nominations allowed from the floor at the election meeting?

We conduct our meeting by voice vote.

[JohnR]

This is a matter of interpretation for your association to decide. By providing for additional nominations by petition, it could be argued that the default method of nominations from the floor is thereby prohibited. In any event, the answer should not hinge on whether petitions are received or not.

[Guest Edgar]

We conduct our meeting by voice vote.

I trust you make an exception for elections.

[Gary Novosielski]

This is a matter of interpretation for your association to decide. By providing for additional nominations by petition, it could be argued that the default method of nominations from the floor is thereby prohibited. In any event, the answer should not hinge on whether petitions are received or not.

It could also be argued that nominations by petition are merely an additional tool, and that nominations from the floor must still be allowed, unless explicitly prohibited.

Either outcome would be the result of bylaws interpretation, which, as a non-member, is none of my business, but if it were, I'd argue for floor nominations.

[Dan Honemann]

It could also be argued that nominations by petition are merely an additional tool, and that nominations from the floor must still be allowed, unless explicitly prohibited.

Either outcome would be the result of bylaws interpretation, which, as a non-member, is none of my business, but if it were, I'd argue for floor nominations.

With respect to nomination by ballot, RONR notes (11th ed., p. 437) that "Since each member has the opportunity to nominate on his ballot a candidate for every office, he does not have the right then to make nominations from the floor, unless the assembly by a majority vote authorizes such nominations." I would think that the same general rule might apply to nominations by petition only if nominations may be made by a petition submitted by one member alone (which I suspect is not normally the case).

[Gary Novosielski]

With respect to nomination by ballot, RONR notes (11th ed., p. 437) that "Since each member has the opportunity to nominate on his ballot a candidate for every office, he does not have the right then to make nominations from the floor, unless the assembly by a majority vote authorizes such nominations." I would think that the same general rule might apply to nominations by petition only if nominations may be made by a petition submitted by one member alone (which I suspect is not normally the case).

Sure, I'd be happy to apply that rule in this case as well. It would simply be the motion to open (or reopen) nominations which requires majority approval.

So I guess it would be fair to say that if the bylaws specify nomination by ballot, or petition, or similar means, then, after all nominations are offered from sources other than the floor, nominations are, by default, closed. But they may be opened by the routine motion to do so.

[JohnR]

It could also be argued that nominations by petition are merely an additional tool, and that nominations from the floor must still be allowed, unless explicitly prohibited.

Either outcome would be the result of bylaws interpretation, which, as a non-member, is none of my business, but if it were, I'd argue for floor nominations.

To continue the exercise, I would then direct you to RONR (11th ed.), p.589, ll.33-34. By specifying a method for members to make additional nominations, other methods are thereby prohibited.

[inquring mind]

To continue the exercise, I would then direct you to RONR (11th ed.), p.589, ll.33-34. By specifying a method for members to make additional nominations, other methods are thereby prohibited.

the bylaws also state that RORN is the official guide for occasions not otherwise covered in the bylaws; since a procedure is covered with respect to additional nominations being by petition, would that be interpreted to mean floor nominations are not allowed since an alternative is specified?

[jstackpo]

the bylaws also state that RORN is the official guide for occasions not otherwise covered in the bylaws; since a procedure is covered with respect to additional nominations being by petition, would that be interpreted to mean floor nominations are not allowed since an alternative is specified?

That is certainly one interpretation, but if you require multiple signatures on a "nominating petition" that could alter the interpretation, as Dan noted back in #5.

RONR clearly gives any single member the right to make a nomination (p. 287, #3) - taking away that right (or any right of membership) must be so stated in the bylaws (p. 14, line 26 ff.). Do your bylaws say "No floor nominations" or equivalent in unambiguous phrasing?

[inquring mind]

That is certainly one interpretation, but if you require multiple signatures on a "nominating petition" that could alter the interpretation, as Dan noted back in #5.

RONR clearly gives any single member the right to make a nomination (p. 287, #3) - taking away that right (or any right of membership) must be so stated in the bylaws (p. 14, line 26 ff.). Do your bylaws say "No floor nominations" or equivalent in unambiguous phrasing?

No, they do not state a specific prohibition to floor nominations

[jstackpo]

That, IMO, strengthens the case for requiring the chair to call for floor nomination - p. 435.

However, as we all said, the business of coming to an interpretive decision is up to your assembly - see p. 588 for the "how-to" of that process.