Electing council members (follow up)

[Guest Roger L Poirier]

This is a follow up on a question below I previously asked. If the request for a separate vote comes from the floor is the chairman obliged to do so?

 

 

"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."

 

[Richard Brown]

Unless your bylaws provide otherwise, any one member can force a vote by objecting to the "nominees" being elected by unanimous consent (or by acclamation).  He does not necessarily have to move to take a vote:  simply objecting to the request that the persons be declared elected by unanimous consent or by acclamation is all that is necessary if the chairman is properly following RONR.

 

Edited to add:  I'm having second thoughts about my statement above in light of the language on page 443 of RONR which provides as follows:

 

"If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or "acclamation.""

[Hieu H. Huynh]

This is a follow up on a question below I previously asked. 

 

Here's the link to the previous thread. As a side comment, I think this is a case where it is appropriate for the same guest to post a related follow up question on the same topic in the same thread.

[DrEntropy]

Basically, the text on page 443 just clarifies (in my opinion) that the way to object to the election of a sole nominee is to nominate someone else. However I still think it would not be too late to object at the point of the declaration. It may not have been clear to all involved that the more nominations could have been made from the floor. 

[George Mervosh]

Unless your bylaws provide otherwise, any one member can force a vote by objecting to the "nominees" being elected by unanimous consent (or by acclamation).  He does not necessarily have to move to take a vote:  simply objecting to the request that the persons be declared elected by unanimous consent or by acclamation is all that is necessary if the chairman is properly following RONR.

 

Edited to add:  I'm having second thoughts about my statement above in light of the language on page 443 of RONR which provides as follows:

 

"If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or "acclamation.""

 

Richard, the only proper way to object to the chair's declaration in such a case is to nominate someone else.

[Hieu H. Huynh]

Also see Official Interpretation 2006-5 "Ballot elections: voting "no" or "none of the above"". I think that calling a separate vote on a specific candidate would be equivalent to having a yes/no vote on that candidate, which is improper for ballot elections. As indicated previously, the proper way to object to a candidate is to vote for someone else.

[Josh Martin]

This is a follow up on a question below I previously asked. If the request for a separate vote comes from the floor is the chairman obliged to do so?

"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."

I haven't changed my opinion since the previous thread. The chairman is not certainly not obliged to take a separate vote on each candidate, because it is wholly inappropriate to do so. Even if a vote is taken, this is not done by taking a separate "yes" or "no" vote on each candidate. The chair should rule the member's motion out of order.

[Richard Brown]

Richard, the only proper way to object to the chair's declaration in such a case is to nominate someone else.

I agree, especially after re-reading page 443 and some other sections.