Guest Rachael Posted November 21, 2016 at 12:15 AM Report Share Posted November 21, 2016 at 12:15 AM Recently our club held an election for officers and there is a major disagreement with how to proceed. The board is stating there is a tie for several postions. They are requesting an online poll as a tie breaker. No results have been posted from the tabulation of the votes. Many have said they need to release results but the secretary is refusing saying bylaws do not say she has to, and that she refuses to give anyone ammunition to know how to vote in the tie breaker. Bylaws state the following in regard to elections: Section 2. Voting. At the Annual Meeting or at a special meeting of the Club, voting shall be limited to those members in good standing who are present at the meeting, except for the annual election of Officers and Directors, and amendments to the Constitution and By-laws and changes to the standard of the Miniature Australian Shepherd which shall be decided by written ballot cast by mail. Voting by proxy shall not be permitted. The Board of Directors may decide to submit other specific questions for decision of the members by written ballot cast by mail. Section 3. Annual Election. The election of Officers and Directors shall be conducted by secret ballot. Ballot shall be counted by an independent professional firm, none of whose members shall be members of MASCA, or three (3) inspectors of election (the “Inspectors of Election”) who are members in good standing and neither members of the current Board of Directors nor candidates on the ballot. Rather than using the Club Secretary and Inspectors of Election, the Board of Directors may designate an independent professional firm to send, receive and count ballots apart from the Annual Meeting. The nominated candidate receiving the greatest number of votes for each office shall be declared elected. If any nominee, at the time of the meeting, is unable to serve for any reason, such nominee shall not be elected and the vacancy so created shall be filled by the new Board of Directors in the manner provided by Article III Section 3. Section 4. Nominations and Ballots. No person may be a candidate in a Club election who has not been nominated in accordance with these By-laws. A nominating committee (the “Nominating Committee”) shall be chosen by the Board of Directors before May 1st. The Nominating Committee shall consist of three members from different areas of the United States of America, and two alternates, all members in good standing, not more than one of whom may be a member of the current Board of Directors. The Board of Directors shall name a chairman for the Nominating Committee. The Nominating Committee may conduct its business by mail (including electronic mail). (a) The Nominating Committee shall nominate from among the eligible members of the Club, one candidate for each office and position on the Board of Directors and shall procure consent of each person so nominated. The Nominating Committee should consider geographical representation of the membership on the Board to the extent that it is practicable to do so. The Nominating Committee shall then submit its slate of candidates to the Secretary who shall mail the list, including the full name of each candidate and the name of the state in which he or she resides, to each member of the Club on or before June 1st, so that additional nominates may be made by the members if they so desire. (b) Additional nominations of eligible members may be made by written petition addressed to the Secretary and postmarked on or before July 1st, signed by ten (10) members and accompanied by a written acceptance of each such additional nominee signifying his or her willingness to be a candidate. No person may be a candidate for more than one position. (c) If no valid additional nominations are postmarked on or before July 1st, the Nominating Committee’s slate shall be declared elected and no balloting will be required. (d) If one or more valid additional nominations are postmarked on or before July 1st, the Secretary shall, on or before August 1st, mail to each member in good standing a ballot listing all of the nominees for each position in alphabetical order, with the names of the states in which they reside, together with a blank envelope and a return envelope addressed to the Secretary marked “Ballot” and bearing the name of the member to whom it was sent. So that the ballots may remain secret, each voter, after marking their ballot, shall seal it in the blank envelope addressed to the Secretary. Returned ballots must be postmarked no later than September 1st. When received by the Secretary, the Inspectors of Election shall check the returns against a list of members whose dues are paid for the current year prior to opening the outer envelopes and removing the blank envelopes, and shall certify the eligibility of the voters. The inner envelopes containing the ballots shall be opened and counted at the Annual Meeting by a committee of three persons, none of whom shall be a candidate for office. Results of the voting shall be announced at the Annual Meeting. (e) Nominations cannot be made at the Annual Meeting or in any manner other than as provided above. ARTICLE X - PARLIAMENTARY AUTHORITY Section 1. The rules contained in the current edition of "Robert's Rules of Order, Newly Revised," shall govern the Club in all cases to which they are applicable and in which they are not inconsistent with these By-laws and any other special rules of order the Club may adopt So my question's are:, 1) Can a tie breaker vote be done in an online poll or any other form besides mail in ballot? 2) Is the current board required to announce the results of the previous vote before conducting a new one? 3) How do you proceed in the case of tie votes for officers? There are 3 seats up for election and several candidates. 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Hieu H. Huynh Posted November 21, 2016 at 12:21 AM Report Share Posted November 21, 2016 at 12:21 AM Ultimately it is up to your organization to interpret your bylaws. Generally, you would announce the results of the vote and vote again if necessary. Quote Link to comment Share on other sites More sharing options...
Guest Rachael Posted November 21, 2016 at 12:41 AM Report Share Posted November 21, 2016 at 12:41 AM What does RRO say in regards to tie votes and new voting? With bylaws stating elections are by secret ballot via mail and does not have a provision for subsequent ballots, does RRO direct subsequent balloting to he conducted the same way as the initial? Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 21, 2016 at 12:55 AM Report Share Posted November 21, 2016 at 12:55 AM Vote again (see RONR 11th ed., p. 441). Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted November 21, 2016 at 01:15 AM Report Share Posted November 21, 2016 at 01:15 AM Also see p. 405, ll. 8-14. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted November 25, 2016 at 08:38 PM Report Share Posted November 25, 2016 at 08:38 PM In RONR there is no such thing as a tie-breaker Since no one got a majority, no one was elected, the election is incomplete, and the chair would announce the results of the previous ballot and conduct a second (or subsequent) ballot for that office, not dropping any candidates unless some withdraw. You keep voting until someone receives a majority, i.e. more votes than all other candidates combined. Quote Link to comment Share on other sites More sharing options...
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