write in candidates

[Guest Donne Griffiths]

Our Bylaws do not mention write in candidates. Our management company asked for candidates for three positions for our BOD elections. Two candidates missed the deadline by 3 days and we're added as write ins. The vote has not taken place as yet. Are write ins allowable when our Bylaws nor Covenant do not have prevision for such. Can the management company just add "write in candidates" to the voting ballot after the candidates names have been submitted?

[Josh Martin]

Our Bylaws do not mention write in candidates. Our management company asked for candidates for three positions for our BOD elections. Two candidates missed the deadline by 3 days and we're added as write ins. The vote has not taken place as yet. Are write ins allowable when our Bylaws nor Covenant do not have prevision for such. Can the management company just add "write in candidates" to the voting ballot after the candidates names have been submitted?

 

First of all, there seems to be some confusion about what a "write-in candidate" is. A write-in candidate, by definition, is someone whose name is not listed on the ballot and is written in by the voter. Write-in votes are in order unless your bylaws provide otherwise, and it seems they may or may not (you mentioned something about a deadline).

 

Even if write-in votes are in order, it was not necessarily in order for the management company to add these candidates to the ballot, but again, you'll need to look to what your bylaws say about this deadline you mention.

[Guest Guest]

Thank you for your response. I'll try to make more sense of the deadline. The management company sent out the request for candidates. There was a deadline to reply with your bio to be considered and place on the ballot. 4 candidates submitted on time. 2 sent their bios 3 days after the deadline. The management company said as they were late would be considered as a "write in candidate". Several property owners have objected to this action. As stated there is no provisions for write in candidates in our Bylaws. I am fully aware of what a write in is and seeing these were merely late attempts to be accepted for consideration are not write ins is this correct?

Our question is are write ins allowable if the is no provisions of this action written in our Bylaws.

[Gary Novosielski]

Yes, if there is no provision for write-ins in your bylaws, then the rules of RONR require that write-ins must be allowed.

 

If you are fully aware of what a write-in is, that should settle it.  The rest of your question involves rules unique to your organization, which we can't hazard a guess about.

[Josh Martin]

I am fully aware of what a write in is and seeing these were merely late attempts to be accepted for consideration are not write ins is this correct?

 

If a name is on the ballot, no, it's not really a "write-in vote" in the sense that term is generally used. (So yes, you are correct.)

 

Our question is are write ins allowable if the is no provisions of this action written in our Bylaws.

 

Yes. Write-ins are allowed unless your bylaws prohibit them. If your bylaws are silent on the subject, they're allowed.

 

Now, if this deadline you mention is based on some rule in your bylaws (it's not entirely clear whether this is the case), that might mean that adding candidates to the ballot after the deadline is prohibited, and it might mean that write-ins are prohibited, but that's beyond the scope of RONR and this forum. See RONR, 11th ed., pgs. 588-591 for some Principles of Interpretation.