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We are considering presenting two separate slates at our annual meeting for board member elections. This is due to the fact that several board members are resigning before their term ends if one board member is re-elected for another three year term. One slate, recommended by the nominating commitee, will omit this person's name. The second slate would include his name. The general members would then vote by private ballot for one slate to determine the winner. Is this allowed?

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We are considering presenting two separate slates at our annual meeting for board member elections. This is due to the fact that several board members are resigning before their term ends if one board member is re-elected for another three year term. One slate, recommended by the nominating commitee, will omit this person's name. The second slate would include his name. The general members would then vote by private ballot for one slate to determine the winner. Is this allowed?

 

No. It is not proper to vote on an entire slate of candidates at once. Each position (or group of positions, for multiple identical positions) should be voted on separately, and members may vote for the candidate(s) of their choice for each position, up to the number of positions available. Members may vote for any eligible person and are not limited to the choices on the slates.

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Guest Edgar

I would imagine Guest Edgar's blood pressure is through the roof after reading this thread.

 

And you'd be right!

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Do your bylaws prohibit write-in votes, or nominations from the floor?

No.

I had a feeling the answer was no before I read the first response to this post. We have a board member who has created a lot of drama and prevents the board from functioning. Won't accept board decisions that have been voted on. Although different opinions, ideas, etc.make a board better, this person creates issues for nearly every item voted on, including those that are the most mundane and insignificant. He is up for reelection and because we have more board openings than candidates, it seems there is little we can do to keep him from being re-elected. He has made it clear he will seek another term.

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He is up for reelection and because we have more board openings than candidates, it seems there is little we can do to keep him from being re-elected.

 

Pretty much. Your options are to find more candidates and/or amend the bylaws to reduce the number of positions on the board. You should probably do one or both of those things anyway, problematic board members notwithstanding.

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Guest Edgar

He is up for reelection and because we have more board openings than candidates, it seems there is little we can do to keep him from being re-elected. 

 

Well, he might need a majority of the votes cast for all board members, not just, say, one vote (e.g. his own) . But I've stumbled (embarrassingly) on this calculation before so I'll leave it to those without my peculiar mental block to explain it.

 

By the way, you might want to change your username to something other than your e-mail address.

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Well, he might need a majority of the votes cast for all board members, not just, say, one vote (e.g. his own) . But I've stumbled (embarrassingly) on this calculation before so I'll leave it to those without my peculiar mental block to explain it.

 

If there are fewer candidates than board positions (and by "candidate" here I mean anyone who receives votes and will serve if elected, not just nominees), then all of the candidates are bound to be elected eventually. But it might take more than one ballot.

 

Let's say there are twelve board members to elect and fifty votes are cast. There are eight candidates. For a simple example, let's say forty-nine ballots are marked for seven of the eight candidates. The last ballot is marked for the eighth candidate (himself). The first seven candidates are elected, but the eighth is not, because he did not receive a majority of the votes cast. Since not all of the positions have been filled, however, a second round of balloting is held. At this point, the only way to prevent the member from being elected is to vote for someone else, since blank ballots are treated as abstentions. If the candidate is the only one to cast a non-blank ballot and votes for himself, he will be elected, since now he did receive a majority of the votes cast. (Technically, the assembly should also continue voting for the other four positions, but they'll probably give up and postpone the election eventually).

 

The question you linked to is more complicated since the bylaws provided for a variable board size.

Edited by Josh Martin

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Guest Edgar

The first seven candidates are elected, but the eighth is not, because he did not receive a majority of the votes cast. Since not all of the positions have been filled, however, a second round of balloting is held. 

 

Thanks. I appreciate your patience . . . and I think I'm close to breaking up my mental clog.

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