Can we disallow a person from running for office?

[Guest Guest-Anthony]

Help Please!!  (My wife says this is too long, so I apologize if this is too long). Our organization must hold mid-term elections because both the secretary & treasurer had to resign.  Prez has been holding down all 3 positions pretty well for > 2 months but needs relief. No one ever wants to run for office in our organization and every year it is a struggle, but finally 2 qualified candidates volunteered for this mid-term need, 1 for each office. We were just about to rule them in by acclamation (?) when a former president threw his hat in the ring for treasurer. He presided as a tyrannical autocrat and bully for one long year.  Under him, 2 VPs & a treasurer, who he refused access to the accounts, financial info, or checkbook which only he kept, resigned. (He relegated her to merely announcing the "treasurer's report" which he handed her until she quit after 2 months). His "reign of terror" included many breaches of rules and attempts to impose new rules without input.  He falsified reasons to kick people out of the organization. To this day he holds grudges toward those who stood up to him and  continues to spread rumours. In this culture, many do not speak out or defend themselves. For months he was Prez & VP, his wife was secretary & treasurer. The matter was taken to city officials who oversee our organization.  Despite overwhelming evidence & testimony of wrongdoing, which the officials acknowledged, he was allowed to remain in office. So...you would think he would lose this election and we would have no problem; but the other candidate everyone wants has withdrawn due to an unexpected family crisis and we are left with the tyrant as our only candidate. There are also new members/voters who do not know his history and could vote for him. The city bylaws under which we operate merely define five officer positions & duties. The only thing said about terms is, "Garden officers shall serve a term of office no longer than one year and shall not serve consecutive terms." Unfortunately, there is no provision for removing officers prior to the end of their term. There is also no prescription for how our officers get their positions. Since the organization began though, I believe it has always been done by an election process. Can we inform the membership of the history before they vote?  Do we have to have an election if only one person volunteered or can we wait until we try to get more candidates?  Can we remove him from the ballot before the meeting?

[Chris Harrison]

Can we inform the membership of the history before they vote? 

You can but it would have to be done outside of the meeting because giving the history during the meeting would constitute a violation of decorum (RONR p. 392).

 

 

Do we have to have an election if only one person volunteered

Unless the bylaws require a ballot vote the Chair should declare the (sole) candidate elected (RONR p. 443 ll. 7-12).  If a ballot vote is required write-in votes would be permitted (RONR pp. 441-442).

 

 

or can we wait until we try to get more candidates? 

Nothing in RONR prevents the assembly from reopening nominations.  However, check the bylaws to make sure they don't throw a monkey wrench into the works.

 

 

Can we remove him from the ballot before the meeting?

Not unless the bylaws say you can.

[Edgar Guest]

My wife says this is too long . . . 

 

Your wife is right.

[Richard Brown]

 Unfortunately, there is no provision for removing officers prior to the end of their term.

See FAQ # 20 and also Chapter XX re discipline in RONR for information on removing officers.  http://www.robertsrules.com/faq.html#20

[Guest Guest-Anthony]

You can but it would have to be done outside of the meeting because giving the history during the meeting would constitute a violation of decorum (RONR p. 392).

 

 

Unless the bylaws require a ballot vote the Chair should declare the (sole) candidate elected (RONR p. 443 ll. 7-12).  If a ballot vote is required write-in votes would be permitted (RONR pp. 441-442).

 

 

Nothing in RONR prevents the assembly from reopening nominations.  However, check the bylaws to make sure they don't throw a monkey wrench into the works.

 

 

Not unless the bylaws say you can.

Thank you all for your input. There are no provisions at all about how we hold our elections, or even that we must have elections rather than, say, appointments. It has historically been done by ballot though. So, the bylaws do not say we can and they do not say we cannot. We usually refer to Robert's Rules for meeting protocol but in a very informal way as that is not prescribed either. 

[Gary Novosielski]

Well, according to RONR, you do not need to have a ballot for a single unopposed candidate unless your bylaws say you do.  So you can hold your election meeting and the chair can declare the unopposed candidate elected by acclamation.

 

You would need to hold an election for the contested seat.  You would be well advised not to try to keep the undesirable candidate off the ballot by looking for parliamentary "tricks" in RONR, but rather to simply campaign for his opponent, and allow the voters to decide.  If he's as bad as you say, it shouldn't be hard to make the case for voting for the other candidate.

 

But campaigning should not take place in meetings.