company board member elections/resignation

[martymcfly1472]

So we had our company elections for board members(3 positions available 5 people on ballot). Elections begin at 8am and conclude at 7pm when company meeting begins and election officals count during meeting. During said meeting and before vote counting has concluded one person on ballot resigns organization. When results are posted the person who resigned would have been in tie with one other person for last available position. My question, should we have a special election for that one spot or should the person who the tie was forged with be awarded the position?

[Kim Goldsworthy]

So we had our company elections for board members (3 positions available, 5 people on ballot).

Elections begin at 8am,

and conclude at 7pm, when company meeting begins

and election officals count during meeting.

 

During said meeting and before vote counting has concluded one person on ballot resigns organization.

When results are posted, the person who resigned would have been in tie with one other person for last available position.

 

Q. Should we have a special election for that one spot

or should the person who the tie was forged with be awarded the position?

Robert's Rules of Order says that you may elect anyone, even non-members, to a board (or to any position).

So, you don't do anything different.

 

This election was a tie.

So, you do the normal tie-break activity.

That usually implies that you hold Round Two of balloting, just as if the resignation never occurred.

 

Q. Do your rules have a tie-break rule already in place?

[Edgar Guest]

Robert's Rules of Order says that you may elect anyone, even non-members, to a board (or to any position).

 

Though it's possible (even likely?) that this organization's rules requires that board members be members of the organization.

[Josh Martin]

So we had our company elections for board members(3 positions available 5 people on ballot). Elections begin at 8am and conclude at 7pm when company meeting begins and election officals count during meeting. During said meeting and before vote counting has concluded one person on ballot resigns organization. When results are posted the person who resigned would have been in tie with one other person for last available position. My question, should we have a special election for that one spot or should the person who the tie was forged with be awarded the position?

As noted, the fact that a person is no longer a member of the organization does not necessarily make him ineligible for office. In any event, however, you have an incomplete election for that position and another round of balloting must be held. This is not really a "special election," just a continuation of the same election. Even if the candidate who resigned is no longer eligible (or no longer interested) in the position, the other tied candidate does not automatically win.

[martymcfly1472]

So tie break election is our tie breaker according to our by laws. And since we dont have write in votes, we basically have to have the tie breaker election with the one canidate on the ballot?

[Kim Goldsworthy]

So tie break election is our tie breaker according to our by laws.

And since we dont have write in votes,

we basically have to have the tie breaker election with the one candidate on the ballot?

Two answers.

* Correct, if your rules require a ballot.

* Incorrect, if your rules do not require a ballot (i.e., do not require a secret vote).

 

Remember, under Robert's Rules of Order, the voter is free to ignore 100% of the names on the ballot and write-in the preferred candidate.

So, your sole nominee could lose!

[Dan Honemann]

I'm not sure these are the facts, but in an election for several open positions on a board, if two candidates receive a majority but are tied for the lowest position that would elect and one of those two becomes ineligible prior to the announcement of the result, I think the chair should declare the other one elected.

[Gary Novosielski]

So tie break election is our tie breaker according to our by laws. And since we dont have write in votes, we basically have to have the tie breaker election with the one canidate on the ballot?

 

Why don't you have write-in votes?  

 

I'm not sure these are the facts, but in an election for several open positions on a board, if two candidates receive a majority but are tied for the lowest position that would elect and one of those two becomes ineligible prior to the announcement of the result, I think the chair should declare the other one elected.

 

I had composed a message saying essentially that, but I wasn't sure that if there was a tie for last place that both could be on a majority of ballots cast, and I didn't have time to work out any examples to convince myself either way.

 

But I agree with the general principle.  If one of a tied pair of candidates (first place, last place, or any place)  is disqualified, or even withdraws (being tantamount to declining the office in advance) prior to the vote count, the chair should declare the other elected, providing that a majority was achieved.  If anyone doesn't like it, let them raise a point of order and appeal at that point, and I'd be interested to hear the argument against it.