Balloting when member nominated for office that is vacant on slate

[Guest guest]

Our nominating committee was unable to fill an office and presented the slate to the membership with that office vacant.  Subsequently a member was nominated for this postion by signed petition, all done in accordance with our bylaws.  Our bylaws state that "if one or more valid additional nominations are received..." then there has to be a balloted vote.  All other offices/positions on the slate are uncontested. 

 

The question is:  This office is uncontested, although the only nominee is by the membership rather than on the slate of  the nominating committee (and write in candidates are not permitted) so - do we have to have a balloted vote?

 

Thank  you

[Chris Harrison]

What makes you say "write in candidates are not permitted"?  Do the bylaws actually say that or are you making that inference based on what the bylaws (or some other rules) say?

[Guest guest]

The bylaws state that nomination by the nominating committee or by a petition signed by (5) members are the only manner in which nominations can be made. 

[Guest Curious]

Our nominating committee was unable to fill an office and presented the slate to the membership with that office vacant.  Subsequently a member was nominated for this postion by signed petition, all done in accordance with our bylaws.  Our bylaws state that "if one or more valid additional nominations are received..." then there has to be a balloted vote.  All other offices/positions on the slate are uncontested. 

 

The question is:  This office is uncontested, although the only nominee is by the membership rather than on the slate of  the nominating committee (and write in candidates are not permitted) so - do we have to have a balloted vote?

 

Thank  you

 

Your bylaw refers to additional nominations. If your committee couldn't come up with a name, then the nomination by petition is the first nomination, not an additional nomination. There's no point taking a ballot vote with a lone nominee when write-ins are not permitted.

[Dan Honemann]

What makes you say "write in candidates are not permitted"?  Do the bylaws actually say that or are you making that inference based on what the bylaws (or some other rules) say?

 

The bylaws state that nomination by the nominating committee or by a petition signed by (5) members are the only manner in which nominations can be made. 

 

Then those methods are the only ways that nominations can be made, but those bylaw provisions seem to say nothing about write-in votes.

[Guest Guest]

Good point re write-in votes, our bylaws only address nominations and clearly state that any nominations other than by the nominating committee or by petition of members cannot be made.  So what about write in votes?  If we do not need to ballot the membership (as mentioned in the response before yours), then how could there be write in votes?

[Dan Honemann]

Good point re write-in votes, our bylaws only address nominations and clearly state that any nominations other than by the nominating committee or by petition of members cannot be made.  So what about write in votes?  If we do not need to ballot the membership (as mentioned in the response before yours), then how could there be write in votes?

 

You only have write-in votes when voting by ballot, although I suppose it's possible to have them (or their equivalent) if the election is conducted by roll-call vote.

[Gary Novosielski]

Write-in votes, by definition, are votes for candidates who have not been nominated.   Though the bylaws might prohibit nominations from the floor, that provision does nothing to limit the right of members to write names in.

 

But I also agree that a single nomination cannot be considered an additional nomination according to the common English usage of the word.  

 

Still, I don't see why it would be out of order to move that the election be held by ballot, even though a ballot is not mandated by the bylaws.  It would depend on the actual bylaws language, of course.