Electing council members

[Guest Roger L Poirier]

If a council has a maximum number of members stated in their bylaw and the number nominated is below the maximum number but above the minimum number, are those nominated on the council elected by acclamation or can there be separate votes taken for each nominated candidate in case there is a nominated candidate that the majority of voters are not in favor off. 

[Edgar Guest]

If your bylaws require a ballot vote then a ballot vote you must have. If they don't, the chair can declare any sole nominee(s) elected "by acclamation". The only way to vote "against" a sole nominee is to vote for someone else (or nominate someone else if a ballot vote isn't required). Five nominees for six open seats can be considered "sole nominees".

 

Edited to add: You might want to consider amending your bylaws to specify a fixed number of council members. The "no more than/no fewer than" approach sounds good in theory but can lead to confusion.

[Josh Martin]

If a council has a maximum number of members stated in their bylaw and the number nominated is below the maximum number but above the minimum number, are those nominated on the council elected by acclamation or can there be separate votes taken for each nominated candidate in case there is a nominated candidate that the majority of voters are not in favor off. 

 

These rules which provide for a minimum and maximum number of members are a mess. It is far better to simply pick a number and stick with it. in the meantime, the best course of action is to adopt a motion prior to the election specifying how many members shall be on the board this year, so long as that number is within the range. Then there is a set number, and we're on solid ground again.

 

Once that is done, you should look at what your bylaws require. If your bylaws require a ballot vote and provide no exceptions, then a ballot vote must be taken in any event. If they do not require a ballot vote, then the nominees may be elected by acclamation if the number of nominees is less than or equal to the number of available positions. Otherwise, a ballot vote should be taken.

 

In any event, if a ballot vote is taken, members do not vote "yes" or "no" on each candidate. Rather, they vote for a number of candidates up to the number of available positions. Candidates who are marked on a majority of the ballots are elected. Rinse and repeat until you have elected all available positions. Keep in mind that blank ballots or votes for "no" or "none of the above" are not counted. Ultimately, to prevent someone from being elected, you have to vote for someone else.