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Ineligible Candidate


Guest ALan
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An organization to which I belong will hold and election in early March for a term to begin on May 1. One member advises that he unavailable to serve until September 1. Our bylaws state that the candidate getting the most votes of those present wins and the term normally would start as advertised. Is the notice as described equivalent to inelegbility?

 

The bylaws state that in the event that office is vacant for two months, a vacancy exists and in the event that nine or more months of the term remain, then the board should call a special election for the unexpired term. This office will be vacant for four months at day 1 of twelve-month term if the subject candidate is elected.

The absent member has previously held the office. It is possible that this candidate would receive a plurality over candidates present and voting at the election. Elections are held without nomination and without absentee voting. Under the circumstances described, should the board act in advance of the pending vacancy and call a special election?  In as much as the bylaws say the board "should" call an election, could the board wait until May 1 and seat a qualified substitute for twelve months? 

It would seem that a vote for the candidate is wasted in any event, and the Clerk is obligated to advise the assembly, along with advising on eligibility of other members.

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Guest Who's Coming to Dinner

If this is a ballot vote, then members can vote for anyone, even the guy who won't do any work until September. Whether those votes are valid is for your assembled members to decide. If he is elected, and proceeds to do no work as promised, perhaps you can remove him for cause. Then you'll have to wait two more months to call your special election.

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2 hours ago, Guest ALan said:

An organization to which I belong will hold and election in early March for a term to begin on May 1. One member advises that he unavailable to serve until September 1. Our bylaws state that the candidate getting the most votes of those present wins and the term normally would start as advertised.

Q1.) Is the notice as described equivalent to inelegbility?

S2.) The bylaws state that in the event that office is vacant for two months, a vacancy exists and in the event that nine or more months of the term remain, then the board should call a special election for the unexpired term. This office will be vacant for four months at day 1 of twelve-month term if the subject candidate is elected.

The absent member has previously held the office. It is possible that this candidate would receive a plurality over candidates present and voting at the election. Elections are held without nomination and without absentee voting. 

Q3.) Under the circumstances described, should the board act in advance of the pending vacancy and call a special election?  

Q4.) In as much as the bylaws say the board "should" call an election, could the board wait until May 1 and seat a qualified substitute for twelve months? 

It would seem that a vote for the candidate is wasted in any event, and the Clerk is obligated to advise the assembly, along with advising on eligibility of other members.

A1.) No.

Just being unavailable isn't a disqualification from office.

Why a voter would cast a vote for such person is a puzzlement. But the voter is free to cast a vote for such a person.

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A2.) No, the office is not vacant.

The office is occupied. The occupier is the party who isn't available. But, again, just being unavailable does not imply the the office is vacant. The seat is filled with someone who cannot be seen, cannot be heard, and who does not attend meetings. But until that party dies, or resigns, or is ousted from office via a disciplinary action, he continues to sit and serve.

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A3.) No. The board cannot call for a special election when the seat is still occupied by the inactive party.

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A4.) I do not see how (i.e., the board calling for a special election).

The board should probably invoke the disciplinary process and remove the party from office. THEN you will have a true vacancy, which you may fill.

 

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