Guest Keith Posted January 2, 2013 at 05:51 PM Report Share Posted January 2, 2013 at 05:51 PM We have a situation where an election was a tie, and the winner was decided by drawing high number ball. We found out 1 week after the election that one of the members that was allowed to vote was actually ineligable to vote. What complicates this even more is that one of the candidates (the eventual winner) was the one who was to determine eligability. If he would have done his job properly, then he would have lost to the other candidate. At this point, our board wants to let the membership decide(by vote) if the election should be nullified, and re done. Others want us to just throw out the ballot of the person who was inelegable(his was the only absentee ballot, so it can easily be identified), and recount. Do any of you have advice, and Thanks in advance! Link to comment Share on other sites More sharing options...
g40 Posted January 2, 2013 at 07:09 PM Report Share Posted January 2, 2013 at 07:09 PM We have a situation where an election was a tie, and the winner was decided by drawing high number ball. We found out 1 week after the election that one of the members that was allowed to vote was actually ineligable to vote. What complicates this even more is that one of the candidates (the eventual winner) was the one who was to determine eligability. If he would have done his job properly, then he would have lost to the other candidate. At this point, our board wants to let the membership decide(by vote) if the election should be nullified, and re done. Others want us to just throw out the ballot of the person who was inelegable(his was the only absentee ballot, so it can easily be identified), and recount. Do any of you have advice, and Thanks in advance!BUT, how do you KNOW that the ineligible voter votes for this candidate? Link to comment Share on other sites More sharing options...
George Mervosh Posted January 2, 2013 at 07:20 PM Report Share Posted January 2, 2013 at 07:20 PM BUT, how do you KNOW that the ineligible voter votes for this candidate?In general it wouldn't matter since an action was taken in violation of a fundamental principle of parliamentary law, and it could have affected the result. However the facts in this instance regarding eligibility to vote may be in dispute here.They have a bigger issue where the facts don't seem to be in dispute..... when a vote by ballot is required, drawing a high number ball to break a tie would render the election null and void. RONR (11th ed.), p. 251 e) Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 2, 2013 at 07:21 PM Report Share Posted January 2, 2013 at 07:21 PM BUT, how do you KNOW that the ineligible voter votes for this candidate?.... the person who was inelegable(his was the only absentee ballot, so it can easily be identified), ....Isn't it clear, by virtue of the first vote, that this ineligible person's vote affected the results? Doesn't this nullify the election, requiring a new vote? Link to comment Share on other sites More sharing options...
Guest Keith Posted January 2, 2013 at 08:54 PM Report Share Posted January 2, 2013 at 08:54 PM Thanks for the feedback so far. With regards to the drawing a high number ball to break a tie. This provision was written into our bylaws years ago after we had a tie, and multiple re-votes, that still ended in a tie. After 11 re votes and no change in outcome, the company was stuck, hence the provision was added into our bylaws that after 2 tie votes, the tie will be broken by drawing a ball. Also, since the election was a tie, and the inelligable vote was our only absentee ballot(which must be notorized per our bylaws) we are certain that the ineligable vote made a difference in the outcome. Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 2, 2013 at 09:05 PM Report Share Posted January 2, 2013 at 09:05 PM See RONR (11th ed.), p. 445, ll. 26-30. Link to comment Share on other sites More sharing options...
Guest Keith Posted January 2, 2013 at 10:59 PM Report Share Posted January 2, 2013 at 10:59 PM Tim, Is the RONR that you refrenced available on line. Our meeting is tomorrow, and Amazon states 3 days to getme the edition that I just ordered. Thanks for all of the help! Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 2, 2013 at 11:20 PM Report Share Posted January 2, 2013 at 11:20 PM Tim, Is the RONR that you refrenced available on line. Our meeting is tomorrow, and Amazon states 3 days to getme the edition that I just ordered. Thanks for all of the help!No, RONR is not available online, only in book form. There might be a Kindle version available, but otherwise you're looking at a trip to the book store. Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 2, 2013 at 11:58 PM Report Share Posted January 2, 2013 at 11:58 PM No, RONR is not available online, only in book form. There might be a Kindle version available, but otherwise you're looking at a trip to the book store.The library might be a better choice, if you're waiting for a copy that you've already purchased. I trust everyone has a library card. Link to comment Share on other sites More sharing options...
Guest Edgar Posted January 3, 2013 at 12:08 AM Report Share Posted January 3, 2013 at 12:08 AM I trust everyone has a library card.That's a lot of trust. Do you also trust that every library has a copy of the latest edition of RONR?[Note: I did a quick online check and found that it's not available at either of the three libraries closest to me, though it is available from other libraries in the system through inter-library loan.] Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 3, 2013 at 12:17 AM Report Share Posted January 3, 2013 at 12:17 AM That's a lot of trust. Do you also trust that every library has a copy of the latest edition of RONR?[Note: I did a quick online check and found that it's not available at either of the three libraries closest to me, though it is available from other libraries in the system through inter-library loan.]It's available in my area. That's as far as my trust goes. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 3, 2013 at 01:33 AM Report Share Posted January 3, 2013 at 01:33 AM The library might be a better choice, if you're waiting for a copy that you've already purchased. I trust everyone has a library card.I know at one point back during the RONR 10 days, my local library only had the 9th Edition, and it was classified as a reference book and not available for lending out. But it's worth a shot. Link to comment Share on other sites More sharing options...
Tim Wynn Posted January 3, 2013 at 02:01 AM Report Share Posted January 3, 2013 at 02:01 AM I know at one point back during the RONR 10 days, my local library only had the 9th Edition, and it was classified as a reference book and not available for lending out. But it's worth a shot.Yeah, that's unfortunate when they have what you're not looking for and won't let you check it out. Link to comment Share on other sites More sharing options...
David A Foulkes Posted January 3, 2013 at 02:06 AM Report Share Posted January 3, 2013 at 02:06 AM Yeah, that's unfortunate when they have what you're not looking for and won't let you check it out. Not too mention how many dimes it takes to Xerox it all! Link to comment Share on other sites More sharing options...
Gary c Tesser Posted January 3, 2013 at 08:22 PM Report Share Posted January 3, 2013 at 08:22 PM You know, all this wordage (posts 8 to 14) is probably more than those lines 26 - 30 amount to. Guest_Keith, if you're still here, and if the meeting has not been held yet, all that the citation says is that yes, the election can be contested on these grounds. I'm pretty sure that the coin-flip can be disregarded, and a simple recount, setting aside the invalid absentee ballot (I assume, from what Guest Keith wrote at the end of Post #5, that the absentee ballot was not notarized, yes?), can properly determine the winner of the election.(Or it might be time for another trip to the ailerons store for the plucky red ace.) Link to comment Share on other sites More sharing options...
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