Elections

[Guest Cake Lady]

An Organization recently held it's annual election for one third of the members of its Board of Directors. 

Bylaws state:  "A nominee for the Board of Directors may not be a current or future Convention and Show Director."

One of the candidates was a show director, but submitted her resignation after the election results (she was elected to the board).  

What is the status of the elections?  Are they still valid with only the individual being withdrawn from the Board?  Or is the entire election invalid?

[Edgar Guest]

What is the status of the elections?  Are they still valid with only the individual being withdrawn from the Board?  Or is the entire election invalid?

 

Well, your bylaws only prevented the person in question from being a nominee, not from being elected or holding office (you can elect someone who isn't nominated). I'd say your problem is with your bylaws, not the board member in question.

 

The part of about not being a "future Convention and Show Director" is also troubling.

[Guest Cake lady]

So the question on everyone's mind is whether this individual can remain on the Board of Directors.  Many feel she was not eligible to be a nominee (she was nominated from the floor), therefore she was not able to be voted into office.  It's a bit confusing.

[Edgar Guest]

It's a bit confusing.

 

Yes, it is. I suggest you stay tuned for other opinions. Mine is that the time to object to her nomination was when she was nominated. There seems to be no basis for objecting to her holding office (especially considering that she resigned her position as show director which, technically, she might not have had to). And, after all, a majority thought she was the right person for the job.

 

But what about this "future" business? How do you determine whether a given candidate will be a future show director (and therefore ineligible to be a nominee)?

[Guest Cake lady]

Our conventions are yearly, and we can have locations confirmed as far out as five years.  Show Directors can be appointed three years prior and they sometimes sign a contract for the position that early in the game.  That is where the reference to "future" show directors comes into play.  But the option should still be available to a contracted show director to submit a resignation and serve on the Board.  One more question:  I understand where someone can be elected who was not nominated.  But how could the persons name be known if not nominated?  Also, what if a question was raised or an objection made at the time of the nomination?  How would that change the outcome, if at all?   Any understanding is greatly appreciated.

 

[Edgar Guest]

I understand where someone can be elected who was not nominated.  But how could the persons name be known if not nominated?

It's possible (though not easy) to elect an un-nominated candidate via a "write-in" campaign (and ballots should always leave space for "write-in" votes). A fundamental principle of parliamentary procedure is that members should be able to vote for whomever they choose, whether nominated or not. Of course your rules may vary (e.g. they might require that all candidates be nominated).

 

Also, what if a question was raised or an objection made at the time of the nomination?  How would that change the outcome, if at all?   Any understanding is greatly appreciated.

 

Well, what could have happened was that a member would raise a point of order to the effect that this person was ineligible to be nominated. The chair would then rule on the point of order (presumably finding it "well taken"). The chair's ruling can be appealed and the assembly will decide who's "right". But I'm still suggesting that, even if not nominated, the person in question could be elected. I suspect what your bylaws were meant to say was that she couldn't serve in this office. But that's not what they actually say.

 

And thanks for the info about future show directors. Perhaps, in the bylaws, the word "future" should be changed to "contracted"?

[Guest Cake Lady]

Excellent!  Thank you for the clarification, on all points.  

[Gary Novosielski]

So the question on everyone's mind is whether this individual can remain on the Board of Directors.  Many feel she was not eligible to be a nominee (she was nominated from the floor), therefore she was not able to be voted into office.  It's a bit confusing.

It may seem so, but you should be aware that, in fact, it is NOT necessary be a nominee in order to be elected.  From what you've described, the nomination process may well have been flawed, in that she was apparently not eligible to be nominated.  However, once the election was complete, and she was elected, the opportunity to raise a timely point of order with respect to the nomination process has passed by the wayside.  And apparently nobody did when it would have been timely to do so.

 

So, at this point, I see nothing in the information you've provided that would invalidate the election for her, much less anyone else.  In fact, I might go so far as to suggest that it is no longer necessary for her to resign from her other position, although it might be argued that the intent of the bylaws (which unfortunately never made it into the language of the bylaws) was that one person should not hold both positions.

 

How on earth you determine whether someone, someday might somehow become a future Show Director is beyond me, so I will not think about it.