BOD Elections

[Guest Rode]

Today night will be our Annual Corporate meeting for the purpose of electing the new Directors for the Academic Year 2015-2016.

We have 14 candidates. If a candidate wants to retire his/her nomination today by letter, what is the correct procedure to follow since ballots has been sent by mail 3 weeks ago and some of the are already in the ballot box with their votes? As Robert rules.

[Richard Brown]

I don't know what you mean by "retire his/her nomination today by letter".  Do you mean withdraw as a candidate?

 

If so, unless your bylaws provide otherwise, there is no way to officially withdraw as a candidate, but he/she can refuse to serve if elected.  He or she can also try to get the word out that "I don't want to be a candidate and I urge you to vote for somebody else", but members are still free to write in that person's name as a write in candidate even if it is not on the ballot. 

 

If the candidate has previously consented to be a candidate, but now does not want to be one, that presents a problem that your organization will have to sort out.  Here is what RONR says on page 444 about when an election becomes final:

 

"An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice. After an election has become final as stated in this paragraph, it is too late to reconsider (37) the vote on the election."

 

Based on the quoted language, I would take the position that the candidate, if present when the results are announced, can and should immediately decline to serve, resulting in an incomplete election.  Others may take the position that it is too late to decline and that the only way out is by means of a resignation, creating a vacancy.

 

Stay tuned for other opinions.

[Gary Novosielski]

 

I would take the position that the candidate, if present when the results are announced, can and should immediately decline to serve, resulting in an incomplete election.  Others may take the position that it is too late to decline and that the only way out is by means of a resignation, creating a vacancy.

 

I don't see how it could be too late to decline, if it was done as soon as the results were announced.

 

But we also should bear in mind that there's no problem at all unless she actually wins.

[Guest rode]

I don't know what you mean by "retire his/her nomination today by letter".  Do you mean withdraw as a candidate?

 

If so, unless your bylaws provide otherwise, there is no way to officially withdraw as a candidate, but he/she can refuse to serve if elected.  He or she can also try to get the word out that "I don't want to be a candidate and I urge you to vote for somebody else", but members are still free to write in that person's name as a write in candidate even if it is not on the ballot. 

 

If the candidate has previously consented to be a candidate, but now does not want to be one, that presents a problem that your organization will have to sort out.  Here is what RONR says on page 444 about when an election becomes final:

 

"An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice. After an election has become final as stated in this paragraph, it is too late to reconsider (37) the vote on the election."

 

Based on the quoted language, I would take the position that the candidate, if present when the results are announced, can and should immediately decline to serve, resulting in an incomplete election.  Others may take the position that it is too late to decline and that the only way out is by means of a resignation, creating a vacancy.

 

Stay tuned for other opinions.

Yes, the candidate wants to withdraw her nomination, before the finals votes on tonigths  annual corporate meeting. The candidate will not be present at the meeting.

[Josh Martin]

Yes, the candidate wants to withdraw her nomination, before the finals votes on tonigths  annual corporate meeting. The candidate will not be present at the meeting.

For now, I think it would be proper to inform the assembly that the candidate has submitted a letter indicating that she no longer wishes to be considered for the position. Nonetheless, all votes cast for this person must still be credited. Beyond that, this shouldn't be a problem unless she wins the election.

If she wins, it seems to me that the Secretary should inform her of her election. If she declines election, the election is incomplete and another round of balloting will be required.

[Edgar Guest]

If she wins, it seems to me that the Secretary should inform her of her election. If she declines election, the election is incomplete and another round of balloting will be required.

 

And, since she won't be at the meeting, let's hope she's waiting by the phone for the bad news.

 

Although, if she learns she's been elected in a landslide, she might change her mind.