Officers terms expire with no nominations

[Guest Fred]

What happens when the end of an officer's term is specified in the bylaws, but no one is standing for election to the position? I have a situation where multiple offices are potentially unfilled, including the president's.

[Guest Edgar]

You hold the election anyway. Members are free to vote for anyone, whether they've been nominated or not.

 

But if no one is willing to serve as president (or other offices) you've got to ask yourselves why.

 

(I've searched, in vain, for our own Mr. Stackpole's boilerplate. Perhaps he, or someone else, can locate it.)

[Josh Martin]

What happens when the end of an officer's term is specified in the bylaws, but no one is standing for election to the position? I have a situation where multiple offices are potentially unfilled, including the president's.

 

The election must still be held even if no one is nominated. Write-in votes can still be cast. If no one receives a majority on the first ballot (or if the candidate who receives a majority declines), additional rounds of balloting are held until the assembly elects someone who will accept the office. The assembly may postpone the election to complete it at a later meeting if it wishes.

 

If the election is postponed before it can be completed, then what happens in the interim depends on what your bylaws say about the term of office. If your bylaws provide that officers serve "until their successors are elected," then the current officers will remain in office until the elections for those positions can be completed. If not, then the position will be vacant until the election can be completed. If the board is authorized to fill vacancies, it may do so in this case, although the person the board appoints will only serve until the election can be completed. This may be advisable if it will be some time before the election is completed.

 

If the President is absent, the Vice President will preside at meetings until a President can be elected. If that position is also vacant, the Secretary will call meetings to order and preside over an election for a Chairman Pro Tempore. If that position is also vacant, any member will call the meeting to order and preside over an election for a Chairman Pro Tempore, who will then preside over the election of a Secretary Pro Tempore. The same rules would apply if one of these offices is filled but the officer is not present. Pro Tempore officers preside for the duration of the meeting or until permanent officers are present. A Pro Tempore officer can be elected to serve for multiple meetings if previous notice is provided.

 

In the long run, you really need to elect officers, but these rules can help the society limp along until then.

[Guest Fred]

There isn't an "until successors elected" clause. And there are problems with finding people willing to serve. We know why. There is a secretary and that office can keep things going.

 

Thanks.

[Guest joyce mccabe]

Our by laws do not have a clause to "continue office if non elected, Plus the membership is not wanting to vote at all, as the one person they want in  office is not eligable per our by laws. what  are the expiring officers options ?

[JayW]

Plus the membership is not wanting to vote at all, as the one person they want in  office is not eligable per our by law

 

The Bylaws probably outline when you are supposed to have elections, in which case you must hold the election. If you have no nominations for office, a member can write in a candidate at voting time (unless your Bylaws prohibit write-ins). Even if a candidate only gets one vote, and no else gets any, that person is elected (unless your Bylaws require a certain voting threshhold).

 

If you have time before your elections, maybe you should consider changing the Bylaws so that the person the membership wants in office is eligible.

 

That said, perhaps it is time to dissolve the group. If there is only one person in the entire organization that the membership wants in office, it hardly seems you are all working together for a common purpose. Why have a group at all?

[Richard Brown]

If you are incorporated, check your state's nonprofit corporation laws.  Such laws may contain a provision for officers continuing to serve until their successors are elected.