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Wrong officers elected during annual meeting


Guest Anonymous

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At a recent alumni association meeting, an election was held which was in violation of the group's by-laws. Their bylaws state that the ballot of candidates much be provided by US mail or email to all members 14 days prior to the election. This was not done. In fact, the election was held the night of the meeting with nominations of current officers to be re-elected to their positions.

In another twist, the term for the officers who were re-elected doesn't end until December 31, 2013. The positions which should have been up for election (the ones which expire December 31, 2012) were not held. Does this make the elections invalid and is there any recourse that can be taken against the association?

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At a recent alumni association meeting, an election was held which was in violation of the group's by-laws. Their bylaws state that the ballot of candidates much be provided by US mail or email to all members 14 days prior to the election. This was not done. In fact, the election was held the night of the meeting with nominations of current officers to be re-elected to their positions.

In another twist, the term for the officers who were re-elected doesn't end until December 31, 2013. The positions which should have been up for election (the ones which expire December 31, 2012) were not held. Does this make the elections invalid and is there any recourse that can be taken against the association?

Yes, the elections are null and void, and the elections for the positions which are actually up for election should be held as soon as possible, following the procedures in the Bylaws. Before you think about taking any action against the association, I would recommend first trying to take action within the association. A Point of Order can be raised to this effect at a meeting of the association, and the chair's ruling may be appealed from if necessary. A majority vote is required to overturn the ruling of the chair.

If this is unsuccessful and you are still interested in what action, if any, can be taken against the association, you should consult a lawyer.

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