Multiple candidates for president

[Guest Guest]

In the election of a president of an organization, if there is more than one candidate, and despite silence in the organization's charter, the body proceeds to vote on the first nomination first, and the first nominee wins election, is that process legal?  I am told that there is a section of RR which states that if votes have been taken in a certain way as a matter of custom, then that custom shall prevail.  Is that a valid argument?  The citing of chapter and verse would be appreciated.

 

[Hieu H. Huynh]

This sounds like the viva-voce method of election (see RONR 11th ed., pp. 442-443). RONR notes that this method is used when an election is not strongly contested and the bylaws do not require election by ballot.

[Bruce Lages]

And please note what RONR says on the top of p. 443, ll.4-6:  "...a voice vote is not a generally suitable method for electing the officers of an organized society."

[Josh Martin]

In the election of a president of an organization, if there is more than one candidate, and despite silence in the organization's charter, the body proceeds to vote on the first nomination first, and the first nominee wins election, is that process legal?

If your bylaws do not require a ballot vote, yes. RONR advises against using a viva voce election for officers, but it does not prohibit it.

I am told that there is a section of RR which states that if votes have been taken in a certain way as a matter of custom, then that custom shall prevail. Is that a valid argument?

Well, more precisely, custom prevails so long as there is no conflicting written rule on the subject. So again, if your bylaws do not require a ballot vote, yes.

The citing of chapter and verse would be appreciated.

See RONR, 11th ed., pgs. 19, 438-439, 443.

[Guest Guest]

Thank you all for your input.  I read somewhere else on this question and answer forum that when voting for officers, etc, it is not proper to cast a yes or no vote but rather, a vote for the individual.  Say, for example, that two members of a Legislature are both nominated to be Presiding Officer. Paper ballots are not used and the election is held publically by voice vote of the members.  Once both nominations have been made, how should the election proceed...again, noting that neither the Charter nor local laws nor existing rules of the body prescribe the process?

[Dan Honemann]

Thank you all for your input.  I read somewhere else on this question and answer forum that when voting for officers, etc, it is not proper to cast a yes or no vote but rather, a vote for the individual.  Say, for example, that two members of a Legislature are both nominated to be Presiding Officer. Paper ballots are not used and the election is held publically by voice vote of the members.  Once both nominations have been made, how should the election proceed...again, noting that neither the Charter nor local laws nor existing rules of the body prescribe the process?

 

When an election is held by voice vote (RONR, 11th ed., p. 442):

 

" ... the candidates are voted on in the order in which they were nominated. When the nominations have ended, the chair repeats the nominations and continues:

 

CHAIR: As many as are in favor of Mr. A for President say aye. . . . Those opposed say no. . . . The ayes have it and Mr. A is elected President.

 

If the noes are in the majority the wording is:

 

CHAIR: The noes have it and Mr. A is not elected. Those in favor of Mr. B [the next nominee] say aye. . . . Those opposed say no. . . .

 

As soon as one of the nominees receives a majority vote, the chair declares him elected and no votes are taken on the remaining nominees for that office. The other officers are elected in the same way. When a number of members are to be elected to identical offices in the nature of a single office held by more than one person—as, for example, in electing four directors—the same procedure is followed; when four have received a majority, the voting ceases."