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This is for a HOA. The bylaws do NOT cover this odd occurence:

 

--ballots sent out for vote

--one candidate sends a letter to the BoD president formally requesting the withdrawal from "running"

--President informally notifies the BoD of the withdrawal

--the former candidate, at the last minute, and prior to the ballot count verbally requests to be back in the "race."

--he happens to win AND the runner-up now contests allowing the prevailing party to re-enter the election

 

--ANY INPUT?

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I'll presume that the ballots (probably with names of candidates pre-printed) were sent out to all the members of the HOA. If this is not correct, please advise us.

 

I think the short answer is if this candidate received enough votes to win, then the communications back and forth between him and the board most likely have no bearing on the validity of the election. However, it's not clear what role, if any, your board might play in your HOA's election process. Also, was any information or directive sent out to the membership regarding the candidate's request to withdraw?

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I'll presume that the ballots (probably with names of candidates pre-printed) were sent out to all the members of the HOA. If this is not correct, please advise us.

 

I think the short answer is if this candidate received enough votes to win, then the communications back and forth between him and the board most likely have no bearing on the validity of the election. However, it's not clear what role, if any, your board might play in your HOA's election process. Also, was any information or directive sent out to the membership regarding the candidate's request to withdraw?

--correct.  ballots distributed to all HOA members

--the "withdrawal" and "congratulations" (to the remaining contender) were passed by word-of-mouth from several BoD members.

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This is for a HOA. The bylaws do NOT cover this odd occurence:

 

--ballots sent out for vote

--one candidate sends a letter to the BoD president formally requesting the withdrawal from "running"

--President informally notifies the BoD of the withdrawal

--the former candidate, at the last minute, and prior to the ballot count verbally requests to be back in the "race."

--he happens to win AND the runner-up now contests allowing the prevailing party to re-enter the election

 

--ANY INPUT?

 

I'd say the candidate wins. A candidate's withdrawal does not invalidate any votes cast for him, and if the candidate wins, he is free to accept the office at that time.

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