Acclamation

[Guest Corinne]

Our Nominating Committee nominated three members for three vacancies for which elections are being held. Petitions to be added to the list of nominees have not been received. Normally, our Chair would elect these individuals by acclamation, all at once, at our Annual Meeting.

Can this be done individually - rather than as a group of three?

 

Our Bylaws state that when there is only one nominee for each position to be filled, the election will not be conducted by ballot and nominations cannot be accepted from the floor. 

 

Does this mean that no one can nominate from the floor at the Annual Meeting since nominations have been received for the vacancies?  Or, can someone else be nominated from the floor and then we conduct the vote by ballot?

 

[jstackpo]

Seems to me, without seeing the exact words of your bylaws  --  sometimes that can make a difference, check them carefully!  --  that your election of the three sole nominees to the three positions can proceed by acclamation - no balloting needed.  All at once or one at a time  --  makes no difference.  And no floor nominations allowed, at the election meeting.  They had their chance via the petition route.

[Edgar Guest]

Normally, our Chair would elect these individuals by acclamation, all at once, at our Annual Meeting. Can this be done individually - rather than as a group of three?

 

What difference do you think that would make?

[Guest Guest]

Seems to me, without seeing the exact words of your bylaws  --  sometimes that can make a difference, check them carefully!  --  that your election of the three sole nominees to the three positions can proceed by acclamation - no balloting needed.  All at once or one at a time  --  makes no difference.  And no floor nominations allowed, at the election meeting.  They had their chance via the petition route.

 

 

What difference do you think that would make?

 

Thank you both.

While I don't believe that it makes a difference whether they are elected all at once by acclamation or not, I believe that some of our Directors may wish to voice that they do not support electing one of our nominees. 

[Dan Honemann]

Our Nominating Committee nominated three members for three vacancies for which elections are being held. Petitions to be added to the list of nominees have not been received. Normally, our Chair would elect these individuals by acclamation, all at once, at our Annual Meeting.

Can this be done individually - rather than as a group of three?

 

Our Bylaws state that when there is only one nominee for each position to be filled, the election will not be conducted by ballot and nominations cannot be accepted from the floor. 

 

Does this mean that no one can nominate from the floor at the Annual Meeting since nominations have been received for the vacancies?  Or, can someone else be nominated from the floor and then we conduct the vote by ballot?

 

This paraphrase as to what the bylaws say must be inaccurate, or these questions would not be asked.

 

So what do the bylaws really say?

[George Mervosh]

So what do the bylaws really say?

 

Great Steaming Cobnuts, you're channeling your inner GcT. 

 

(yes, I know what the little c stands for.)

[Guest Guest]

This paraphrase as to what the bylaws say must be inaccurate, or these questions would not be asked.

 

So what do the bylaws really say?

 

Bylaws are as follows:

 

Election procedures. A. All persons nominated by either the nominating committee or by petition must be placed before the members. When nominations are closed, the chair appoints the tellers, ballots are distributed, the vote is taken and tallied by the tellers, and the results announced. All elections are determined by plurality vote and will be by ballot except where there is only one nominee for each position to be filled.   B. If sufficient nominations are made by the nominating committee or by petition to provide at least as many nominees as positions to be filled, nominations cannot be made from the floor. In the event nominations from the floor are permitted and result in more nominees than positions to be filled, when nominations have been closed, the chair appoints the tellers, ballots are distributed, the vote is taken and tallied by the tellers, and the results announced. When the number of nominees equals the number of positions to be filled, the chair may take a voice vote or declare each nominee elected by general consent or acclamation at the annual meeting. 

 

It isn't clear to me what should happen if the chair takes a voice vote to declare each nominee elected by acclamation - and there are directors present who may not what that person reelected.

[jstackpo]

Those (unhappy) directors had their chance to nominate someone they liked when the petition nomination period was open.

 

Another fine example of YSYL.

 

And you don't "take a voice vote" to elect by acclamation  --  the chair simply says the people are elected.  p. 443

[Edgar Guest]

Bylaws are as follows:

 

I'd say your organization has its work cut out for it. Namely, amending those hideous bylaws.

[Edgar Guest]

Those (unhappy) directors had their chance to nominate someone they liked when the petition nomination period was open.

You don't think the rules could be suspended to accept nominations from the floor?

[jstackpo]

Dunno.  Could go either way. 

 

One way:  the bylaws protect absentees by preventing (frivolous?) last minute floor nominations after a (reasonably) clear opportunity to nominate in advance (via petition).

 

Another way:  No floor nominations is just a "rule of order" and could hence be suspended.

 

You pick,  or give a third argument.

[Richard Brown]

You don't think the rules could be suspended to accept nominations from the floor?

There was a recent thread.... within the past couple of weeks or so ... in which someone opined that such a rule in the bylaws is in the nature of a rule of order and can be suspended. 

[Dan Honemann]

Bylaws are as follows:

 

Election procedures. A. All persons nominated by either the nominating committee or by petition must be placed before the members. When nominations are closed, the chair appoints the tellers, ballots are distributed, the vote is taken and tallied by the tellers, and the results announced. All elections are determined by plurality vote and will be by ballot except where there is only one nominee for each position to be filled.   B. If sufficient nominations are made by the nominating committee or by petition to provide at least as many nominees as positions to be filled, nominations cannot be made from the floor. In the event nominations from the floor are permitted and result in more nominees than positions to be filled, when nominations have been closed, the chair appoints the tellers, ballots are distributed, the vote is taken and tallied by the tellers, and the results announced. When the number of nominees equals the number of positions to be filled, the chair may take a voice vote or declare each nominee elected by general consent or acclamation at the annual meeting. 

 

It isn't clear to me what should happen if the chair takes a voice vote to declare each nominee elected by acclamation - and there are directors present who may not what that person reelected.

 

The first bolded sentence is clear. Nominations cannot be made from the floor.

 

The second bolded sentence is a bit of a mess. No wonder it's not clear to you what will happen if the chair takes voice votes and one of the nominees loses. Under the rules in RONR, the chair should simply declare the nominees elected.

.

[Richard Brown]

You don't think the rules could be suspended to accept nominations from the floor?

 

There was a recent thread.... within the past couple of weeks or so ... in which someone opined that such a rule in the bylaws is in the nature of a rule of order and can be suspended. 

 

The first bolded sentence is clear. Nominations cannot be made from the floor..

 

This is the thread from about a month ago where Josh Martin opined that a bylaw rule prohibiting nominations from the floor could possibly be suspended.   Would that be applicable here?   Pages 17 and 263 seem to be the applicable pages.   It's in post # 8.

 

http://robertsrules.forumflash.com/index.php?/topic/24434-when-to-receive-nominations/

[Dan Honemann]

The question as to whether or not rules in an organization's bylaws prohibiting nominations from the floor can be suspended usually depends upon whether or not those rules can properly be interpreted as restricting eligibility for election to candidates who have been nominated in the prescribed fashion.

 

I'll leave it up to others to determine what the bylaws mean in the instant case, although it does seem difficult to argue that they are intended to restrict eligibility for election to nominated candidates in instances in which there is only one nominee for each position to be filled since they say that, in such an instance, instead of declaring the nominated candidates elected the chair may take a voice vote.

[Gary Novosielski]

 

Thank you both.

While I don't believe that it makes a difference whether they are elected all at once by acclamation or not, I believe that some of our Directors may wish to voice that they do not support electing one of our nominees. 

 

 

Too bad.

 

The only appropriate way to object to or vote against the election of anyone is to nominate or vote for someone else.  

[DanielEHayes]

Too bad.

 

The only appropriate way to object to or vote against the election of anyone is to nominate or vote for someone else.  

I disagree Mr. Novosielski.  I think they can have separate votes on each and vote up or down. They can then vote NO on one of the members and if his election is not confirmed they can then open up the floor to new nominations.

I think the consensus here is that the bylaws are poorly drafted(I've never seen that before.) and are a bit abiguous. I think Mr Honemann laid out the case that since they aren't just declared elected, it leaves the possibility for doing something else.  That something else could be an up or down vote on each member.

 

The question as to whether or not rules in an organization's bylaws prohibiting nominations from the floor can be suspended usually depends upon whether or not those rules can properly be interpreted as restricting eligibility for election to candidates who have been nominated in the prescribed fashion.

 

I'll leave it up to others to determine what the bylaws mean in the instant case, although it does seem difficult to argue that they are intended to restrict eligibility for election to nominated candidates in instances in which there is only one nominee for each position to be filled since they say that, in such an instance, instead of declaring the nominated candidates elected the chair may take a voice vote.

So since the eligibility for election of candidates does not seem to be restricted to the perscribed fashion by the following:"When the number of nominees equals the number of positions to be filled, the chair may take a voice vote or declare each nominee elected by general consent or acclamation at the annual meeting. "

I think it can be reasonably argued that the rule can be suspended and then new nominees can be nominated from the floor.

Of Course this is all gonna be left up to the organizations interpretations of it's own rules which are contradictory.

What the heck was the original question again?

[Edgar Guest]

I think they can have separate votes on each and vote up or down. They can then vote NO on one of the members and if his election is not confirmed they can then open up the floor to new nominations.

 

That's not how elections are held.

[DanielEHayes]

That's not how elections are held.

But did you read their bylaws?(Smiley face withheld at other posters request)

What's the voice vote for?  How do you do a pluarality vote by voice with 3 people? And WHY? if there are 3 people for 3 seats?

I think we can agree, the bylaws need to be amended for clarity.