DML Posted February 17, 2013 at 12:29 AM Report Share Posted February 17, 2013 at 12:29 AM Below are our ByLaws on voting for Directors. In several of the answers it was stated that if the ByLaws specify voting by mail in ballots, then that is how voting should be done; no exceptions. Does that include an uncontested election? Four seats were up, the four Directors said they want to continue in their office; and the Nominating Committee did not proceed to look for nominees. Is this the correct way a nominating committee works? Also, there is nothing in the ByLaws about nominations from the floor, can nominations from the floor be made for those uncontested seats?ARTICLE V - DIRECTORS (a) Powers. The property and business of the Society shall be under the management and entire control of the Board of Directors. Except in case of death, resignation, disqualification or removal, each Director shall hold office until his successor is chosen. ( Election. There shall be two classes of Directors defined as follows: 1. The Board of Directors shall consist of twelve persons, classified as follows, viz: three classes of four Directors each; the term of office of a single class expiring in each year, and each class, being elected to hold office for the term or period of three years and until their successors are elected. Only Senior Life Members owning and reporting on a Stallion Service Report two or more purebred Welsh mares annually or having produced and registered 25 purebred Welsh foals and who have maintained a voting membership for at least three consecutive years shall be eligible as directors. The successors to Directors whose term of offices expires in that year shall be elected by a plurality of votes cast by memberships eligible to vote as described in Article IV (e), voting by mail ballot, to hold office for the term or period of three years and until their successors are elected. 2. Nonvoting Directors shall be determined by the Board of Directors and may be appointed to honorary or special directorship by the Board of Directors. Honorary and special directors shall have no vote and shall be appointed to a specific term or life term. © Nominating Committee. The President shall appoint a Nominating Committee by April 1 each year, consisting of not less than 5 Annual, Family/Firm or Life members, whose duty it shall be to prepare a list of nominees for election as Directors. Members may submit nominations for inclusion on the ballot by obtaining signatures representing 15 votes for any such nomination. All such nominations shall be mailed to the Secretary and must be received 90 days prior to the election. The Secretary shall forward all such nominations to the Nominating Committee. The Nominating Committee shall report its slate and all other nominations to the President within 15 days thereof and thereupon the Nominating 4 Committee's list of nominees shall be sent by the Secretary to each member entitled to vote. Such notice shall be mailed to each member, eligible to vote, no less than 30 days prior to the published date of the election. Each nominee shall furnish a written statement of his eligibility and willingness to serve and a brief factual statement of his service and qualifications to be included in this notice. (d) Voting. In the event of a contested election, an official ballot, listing all nominees alphabetically with no segregation of names or any wording that could be construed as influencing, directing or manipulating the vote, shall be sent to members along with specific instructions for submission. The Secretary shall mail the same material to any member who has not received his ballot by mail and requests the same. Each ballot shall be enclosed in a sealed blank envelope which shall be marked 'BALLOT', signed by the member, and returned to office no later than one week prior to the election. Each ballot shall be prefolded a sufficient number of times to insure secrecy. The person designated as addressee for returned ballots shall note the date of receipt and shall hold them in the outer envelope for delivery, unopened, until such time as the published date of the election. The election of Directors shall be completed on the day of the Annual Meeting. An Inspectors Committee shall be appointed consisting of no less than three individuals whose duty it shall be to verify the date of receipt on the outer envelopes and check the signatures on the inner envelope of the mail ballots against the list of qualified voters prepared by the Secretary. The envelope will then be opened, the ballot removed and placed in a receptacle. When all inner envelopes have been processed, all properly marked ballots shall be counted. A plurality of those ballots cast by mail shall determine the election. The chairman and a majority of the Inspectors Committee shall certify the report and the results shall be announced at the Annual Meeting. The President may employ an independent accounting firm who will be approved by the Board of Directors to receive the ballots and follow the above accounting procedures. The results will be delivered in a sealed envelope to the President to be opened and announced at the Annual Meeting. In the event of an uncontested election, no ballot will be prepared and the President will declare the candidates elected at the Annual General Meeting. Link to comment Share on other sites More sharing options...
Guest Edgar Posted February 17, 2013 at 12:34 AM Report Share Posted February 17, 2013 at 12:34 AM In several of the answers it was stated that if the ByLaws specify voting by mail in ballots, then that is how voting should be done; no exceptions. Does that include an uncontested election?Not if your bylaws say it doesn't:"In the event of an uncontested election, no ballot will be prepared and the President will declare the candidates elected at the Annual General Meeting." Link to comment Share on other sites More sharing options...
Josh Martin Posted February 17, 2013 at 01:04 AM Report Share Posted February 17, 2013 at 01:04 AM Below are our ByLaws on voting for Directors. In several of the answers it was stated that if the ByLaws specify voting by mail in ballots, then that is how voting should be done; no exceptions. Does that include an uncontested election?Yes, unless the Bylaws provide otherwise (and it seems that they do).Four seats were up, the four Directors said they want to continue in their office; and the Nominating Committee did not proceed to look for nominees. Is this the correct way a nominating committee works?In the absence of any rules on the subject or instructions from the parent assembly, it is up to the nominating committee's discretion how to conduct its business.Also, there is nothing in the ByLaws about nominations from the floor, can nominations from the floor be made for those uncontested seats?It would seem not. Your Bylaws require nomination by mail, and your Bylaws specify that no ballot shall be prepared in the event of an uncontested election. Link to comment Share on other sites More sharing options...
Guest Darth Vader Posted February 17, 2013 at 01:05 AM Report Share Posted February 17, 2013 at 01:05 AM And if DML wanted to make a nomination from the floor, but the President happily sits in the Chair, and no ballot is prepared, and DML is unhappy with this, what advice do you offer DML?If the President never allowed the opportunity to make nominations, and never allowed an election, and two meetings go by, what would you suggest to DML? Link to comment Share on other sites More sharing options...
Josh Martin Posted February 17, 2013 at 01:15 AM Report Share Posted February 17, 2013 at 01:15 AM And if DML wanted to make a nomination from the floor, but the President happily sits in the Chair, and no ballot is prepared, and DML is unhappy with this, what advice do you offer DML?Well, in the future, it would be best for members to make nominations by mail as required by the Bylaws. It may also be wise to amend the Bylaws to change the method for electing the nominating committee. RONR recommends that the President should not appoint that committee.At this point... I suppose the rules could be suspended to permit members to make additional nominations, which I believe would then trigger a mail-in ballot since the election would then be contested. This would require a 2/3 vote.If the President never allowed the opportunity to make nominations, and never allowed an election, and two meetings go by, what would you suggest to DML?I'd recommend FAQ #20 at that point. If the Secretary and Nominating Committee were also complicit in this (which may be the case, considering that they're involved in the process of receiving nominations), then I'd recommend disciplinary action against them as well. Link to comment Share on other sites More sharing options...
DML Posted February 17, 2013 at 12:17 PM Author Report Share Posted February 17, 2013 at 12:17 PM THANK YOU FOR YOUR THOUGHTS AND ANSWERS TO MY POST. Link to comment Share on other sites More sharing options...
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