Contested Election

[Guest Mike]

We've had an interim election to replace some open officers slots. In the interim our President appointed people to the positions. The President is now disputing the election to a higher authority. While this is happening, who are the acting people in those positions? The people the President appointed or the people who won the offices?

[Gary c Tesser]

Well.  That depends on a number of things.  Such as, whether, according to your bylaws, the president (or President, if you're Canadian) has the authority to appoint people to fill  vacancies.  Do they?  Such as whether your rules say that, if he does have that authority, his choices only serve until an election can be held.  Do they?  Such as, what authority the higher authority has.  And what the higher authority said about the controversy.  The answers to your questions have to do purely with your organization's own rules and structure.  

[Guest Mike]

The President has the authority to make temporary appointments. The body has the authority and obligation to provide elections for open seats. The higher authority can annul our election if they decide it is invalid. They have not yet ruled.

My question is what happens in between. Our bylaws offer no clarity other than pointing to RRoO for anything they offer no clarity on. Do RRoO?

[Timothy]

I see no reason to think that this would be handled any different than rescinding a motion, in which case the motion is in affect until it is decided otherwise. So, in your case, the election is in affect until the higher authority says it isn't.

[Chris Harrison]

RONR doesn't exactly answer your question but I think it is reasonable to argue that something remains valid until it is determined not to be valid.