election contest

[Guest Mike]

RONR states that an election to an office is final if the candidate is present and does not decline. After the election has become final it is too late to nullify an illegal

election.[RONR P. 445].

RONR also states that an election may be contested by raising a point of order [RONR PPS. 250-251.]that must be raised immediately after the announcement of the voting result is made except when the breach is of a continuing nature in which event it is never too late because the election is null and void.

Which controls?

[Tom Coronite]

I don't see a conflict between p445 and pp250-251.  In fact, I see on page 445 where it references pp 250-251 (lines 9-11). I do not see on p445 where it states "it is too late to nullify an illegal election" at all.

 

Maybe some specifics would help?  But if there is a continuing breach, a point of order can be made anytime during the continuance of the breach. It would likely not be "too late".

[Edgar Guest]

RONR states that  . . . after the election has become final it is too late to nullify an illegal election.[RONR P. 445].

 

RONR says no such thing.

[Bruce Lages]

Both do, but they are really addressing different situations. First, it is not correct that "After the election has become final it is too late to nullify an illegal election." The correct quote is that "After an election has become final as stated in this paragraph, it is too late to reconsider the vote on the election." (p. 444, ll.25-27). Reconsidering the vote on the election is very different from nullifying an illegal election.

 

Points of order concerning the election, as with most points of order claiming a violation of the rules, must be made at the time the election result is announced and before any other business has been taken up. There are certain cases of rule violations, known as continuing breaches, that are more serious in nature, for which a point of order can be raised at any time that the violation still is occurring. As you have cited, p. 251 lists these types of violations and p. 445, l. 19 - p. 446, l.2 cites some examples of these related to elections.

[jstackpo]

Well, they both do,  In essence, an election isn't "final" until all possible impediments to finality have been resolved.

 

In your paraphrase (first paragraph) of p. 445:  "has become final it is too late to nullify an illegal
election"  the words in bold are not to be found on p. 445.  Where did you get them?   Remove them and I think your question will take care of itself.

[Guest Tova]

What if there is a legal election(AGM) and the president suspends the board a few days leter stating that the executive was in noncompliance of society act, the president wont meet with the newly elected board, is trying to not allow the board to have an executive meeting.  The president has stated that he is relieving the executive of their duties and has called a special general meeting with all members. He has stated that there will be no meetings or board business until after this general meeting.  As VP I am calling a meeting of the board, our P & P states that 3 executive members can hold an executive meeting and quorum is 7. If we have quorum and 75% of the majority vote can we remove the presdent?  .This is an extreme case of a president acting out of order and I am looking for some advice, thanks!

[Edgar Guest]

This is an extreme case of a president acting out of order and I am looking for some advice, thanks!

 

This forum works best if new questions about a different organization are posted as a new topic. In other words, think of this as "Mike's Topic". Thanks.

[Guest Tova]

thanks! will repost as a new topic!

 

[Guest Mike]

To Mike's question....when can the voting ballots be destroyed? After the voting meeting? After the next meeting if within a quarter? If the bylaws authorize absentee ballots can the lists on 445-6 ever mean you should retain the ballots?

[jstackpo]

See p. 419 for the timeliness requirements for a "recount", and hence how long to keep the ballots safe so they can be recounted.  These rules would apply also to absentee ballots, I would presume.

[Gary Novosielski]

You can destroy them whenever the assembly wants to.

[Josh Martin]

To Mike's question....when can the voting ballots be destroyed? After the voting meeting? After the next meeting if within a quarter?

 

In the absence of any rule or motion the assembly has adopted on the subject, the ballots may be destroyed after the adjournment of the next meeting if it is within a quarterly interval, or at the end of a quarterly interval if the next meeting is not within a quarterly interval. The delay in the latter case is to allow for the possibility of a special meeting called for the purpose of ordering a recount. The ballots may be destroyed at the adjournment of the last meeting in the session if the next meeting is not within a quarterly interval and calling a special meeting is not permitted under the organization's rules - this is the case in many conventions.

 

You can destroy them whenever the assembly wants to.

 

Yes, but my experience is that the assembly rarely makes a decision on this point, so I suspect the question is when the ballots may be destroyed in the absence of any instructions on the subject.