Candidate on mailed out ballot has reseigned prior to election

[Guest Sandy Cameron]

Our HOA is having it's annual election for the Board of Directors. Seven names appear on the Ballot. One candidate has become ill and resigned from being a candidate. What is the correct procedure to continue and where can I find this written down? As it is a mailed out ballot,all voters cannot be advised that he has resigned and some have already voted. Should the existing board remove him as a candidate now, or should his name remain on the ballot and be counted. And if he receives enough votes to be elected his resignation would then be taken and his replacement appointed by the new board?

[Edgar Guest]

He can't "resign" from a position he doesn't (yet) hold. If he's elected and declines to serve you'll have to hold a second round of voting.

[Josh Martin]

Our HOA is having it's annual election for the Board of Directors. Seven names appear on the Ballot. One candidate has become ill and resigned from being a candidate. What is the correct procedure to continue and where can I find this written down? As it is a mailed out ballot,all voters cannot be advised that he has resigned and some have already voted. Should the existing board remove him as a candidate now, or should his name remain on the ballot and be counted. And if he receives enough votes to be elected his resignation would then be taken and his replacement appointed by the new board?

Since it would appear the ballot has already been mailed out, I don't see how it is possible to remove him from the ballot, and votes for him certainly must be credited. If he wins, he may immediately decline the office when he learns of his election. The situation is then treated as an incomplete election, meaning that another round of voting must be held, rather than using the vacancy-filling procedures in your organization's bylaws.

[jstackpo]

Or, after the election is over and he sees how popular he is, he might very well decide to accept the office after all, presuming he got at least a majority of the votes cast.