Incomplete election vs vacancy

[Laura Meade]

Our nominating committee did not nominate anyone for two positions on our Executive Committee.  Our annual meeting and election is this weekend.  If no one runs from the floor for these two offices, is it considered an incomplete election or a vacancy?   We are required to have a ballot vote unless there is only one person running.  So if no one runs from the floor, do we take a ballot vote, to allow for write-ins?   If we still get no one to fill the office, do we keep balloting, or do we call the office vacant?  Our bylaws allow for the Executive Committee to fill vacancies based on the recommendation from the President, and subject to the approval of the full membership at the next semi-annual meeting.  In summary, is an office vacant only if someone leaves it, or can it be vacant if no one is elected to it?  Thanks for your help.

[jstackpo]

It is an incomplete election.

 

A ballot vote with a write-in (or a majority of write-ins for the same person) will elect, but the person may well decline the office, which he is allowed to do.

 

Continued balloting (with nobody willing to serve) is probably fruitless.  Tell the nominating committee to try harder!

 

Or...

 

First check the bylaws.  Officers (current ones) may be in office "until the election of their successors" - if no election, they STAY in (at least until they quit or you finally do complete the election).

Or....

Announce that because of a lack of leadership interest, the organization will dissolve itself and go out of business.  Really.  Organizations don't last forever, and it is much better to close up shop formally than just drift along, and then wonder what happened to the bank account, far too long after the fact to do anything about it.

Often enough a threat like this one will shake some people out of the woodwork who will be willing to serve after all.  But if it doesn't, there is a message there...
 

[Josh Martin]

If no one runs from the floor for these two offices, is it considered an incomplete election or a vacancy?

 

If no one is elected, it's certainly an incomplete election. It might also be a vacancy.

 

So if no one runs from the floor, do we take a ballot vote, to allow for write-ins? 

 

Yes.

 

If we still get no one to fill the office, do we keep balloting, or do we call the office vacant? 

 

The former. Ultimately, the society could postpone the election to an adjourned meeting or, if all else fails, simply adjourn the meeting without completing the election.

 

Our bylaws allow for the Executive Committee to fill vacancies based on the recommendation from the President, and subject to the approval of the full membership at the next semi-annual meeting.  In summary, is an office vacant only if someone leaves it, or can it be vacant if no one is elected to it? 

 

An office is vacant whenever there is no one in the office. This may or may not be the case here, depending on how your bylaws define the term of office (and whether the current officer is willing to continue serving until a successor can be found). In the case of an incomplete election, if the board fills the vacancy, that appointment is only effective until the assembly can complete the election... but it sounds like that's essentially what your bylaws provide anyway.