Election of officers who have assumed office, but the election did not follow the bylaws

[Rubatoguy]

Hello,

 

I have a question for the experienced parliamentarians.  If your association has an election, which was not held in accordance of the bylaws, let's say for example that proper notice was not given. However, the officers who were elected have assumed office, and the election meeting is over.  Now, days later, some of the membership is questioning the election because it did not follow the bylaws.

 

From what I read, since nobody questioned the election until after the officers assumed office, they can not be removed, even if it is clear that the bylaws were not adhered to for the election.

 

What options do the membership have after the officers have taken office?

 

What is in Robert's rules to prevent someone from having an illegal election, then instating the officers who then can not be removed? It seems that it would be quite easy to have illegal elections and put in place officers who then can not be removed.

 

I am sure that I am missing something because it seems that it would be all too easy for a faction to take over an association in this way.

 

thank you!

 

Todd Last

[Richard Brown]

If this was a special election to fill a vacancy, your situation is addressed in RONR 11th edition on pages 251 and 445.  If proper notice was not given as required by the bylaws, the election constitutes a continuing breach and a point of order that the election is invalid can be raised at any time.  RONR says on page 445 at lines 31 - 33:  "If an election to fill a vacancy is held without required previous notice, action has been taken in violation of a rule protecting the rights of absentees." 

 

If this was not a special election, but rather a regularly scheduled election, the answer depends on whether your bylaws or special rules require that notice of all elections be sent to the members.  Most organizations do issue such notices in one form or another, but it is not required by RONR.  If the bylaws provide that the club meets on the first Tuesday of each month and that the October meeting shall be the annual meeting at which officers are elected, it may not be necessary to issue notices to the members.....although it is certainly a good idea to do so.

 

What do your bylaws say?  What provision was violated?

 

Edited to add:  There are certain other election irregularities that may be challenged at any time, such as when  the person elected does not meet the qualifications for the office as established in the bylaws.  Some other examples are mentioned on page 445.

[Josh Martin]

I have a question for the experienced parliamentarians.  If your association has an election, which was not held in accordance of the bylaws, let's say for example that proper notice was not given. However, the officers who were elected have assumed office, and the election meeting is over.  Now, days later, some of the membership is questioning the election because it did not follow the bylaws.

 

From what I read, since nobody questioned the election until after the officers assumed office, they can not be removed, even if it is clear that the bylaws were not adhered to for the election.

 

Please describe exactly what happened. In the general case, that a Point of Order must be raised at the time of the breach. In some cases, however, a violation is so severe that it constitutes a continuing breach, in which case a Point of Order may be raised at any time during the breach. It is unclear from the limited facts provided whether this is such a case.

 

What options do the membership have after the officers have taken office?

 

What is in Robert's rules to prevent someone from having an illegal election, then instating the officers who then can not be removed? It seems that it would be quite easy to have illegal elections and put in place officers who then can not be removed.

 

I am sure that I am missing something because it seems that it would be all too easy for a faction to take over an association in this way.

 

Well, suggesting that the officers cannot be removed is certainly not correct. If there has been a continuing breach, then a Point of Order may be raised, followed by an Appeal if necessary.

 

If there has not been a continuing breach, then it is too late to challenge the results of the election, but this does not mean the officers cannot be removed. It simply means that they are removed the same way you would remove officers who had been validly elected. See FAQ #20 for more information.