Valid or invalid election

[Guest JMarie]

I belong to a volunteer orgination. Elections were held in December with the term starting January 1st. The person elected President (by write in) called to order the January monthly meeting and advised they are unable to fulfill the obligations of the office and has submitted their resignation. This person continued to run the meeting. It was then announced that a special election would be held tonight for President. I questioned whether this was proper and not having a copy of the bylaws in front of me, I was told, not by the chair, but a member that they checked the bylaws and found nothing saying this could not be done. An election was held for President.

The next morning I checked the bylaws and found that there is an article addressing special elections. The article states that if a person resigns a special election will be held at the next business meeting. I brought this to the attention of the 5yr. Trustee (would be considered the highest authority of our organization) and was told the special election is valid for the following reason: The resignation was submitted the day before the meeting so the next business meeting would be the next day.

When would the resignation be effective? The day it was received or the day it was read at the meeting?

I have been a member of this organizatio for over 30 years holding numerous offices including President. I have lost complete faith in the people who are now in charge. I do not feel the rules and regulations of the organization are being followed and aside from quitting, I don't know what can be done.

[Edgar Guest]

When would the resignation be effective? The day it was received or the day it was read at the meeting?

 

A resignation takes effect when it has been formally accepted (or otherwise acted upon) by the body (or person) authorized to do so (which is usually the body (or person) authorized to fill the vacancy). I'd say the election was out of order.

[Chris Harrison]

The resignation would be effective after the assembly accepted it.

[Richard Brown]

A resignation is normally not effective until it has been accepted, unless the bylaws provide that a resignation is effective upon receipt.

 

However, RONR also provides that notice must be given prior to an election to fill a vacancy unless the bylaws specifically provide otherwise.  Do your bylaws say anything about the membership being given notice of vacancies?

 

I  agree with Mr. Guest that the hastily called election is at least ill-advised and maybe downright void.

[Guest JMarie]

Thank you for the quick responses. The bylaws do not cover when a resignation becomes effective or that membership needs to notified of vacancies. In my 30 years I do not recall any special election being held at the same meeting that a resignation was submitted.

On a side note I also inquired why this person who resigned ran the meeting. I was told this was OK since they are a past President (our bylaws do allow for a past president to chair meetings if the president is not available). Considering there were at least 5 past presidents in attendance who held that position for more than 12 days.

[Gary Novosielski]

If your bylaws are silent on the notification requirement, then the rules in RONR say that previous notice must be given, a reasonable time in advance of any special election to fill a vacancy.  

 

I fail to see how one day's notice could be considered "reasonable".