Guest Jason Stadler Posted October 19, 2017 at 04:59 PM Report Share Posted October 19, 2017 at 04:59 PM Can a person be nominated for a position that they do not hold all the qualifications for, as long as they will meet said qualifications prior to taking office, should they win he election. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted October 19, 2017 at 05:19 PM Report Share Posted October 19, 2017 at 05:19 PM That depends on EXACTLY what your bylaws say and is ultimately a question your organization must decide for itself. RONR does not address that specific issue. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted October 19, 2017 at 05:31 PM Report Share Posted October 19, 2017 at 05:31 PM I think he can be nominated. RONR discusses cases where an election can be contested: "If an individual does not meet the qualifications for the post established in the bylaws, his or her election is tantamount to adoption of a main motion that conflicts with the bylaws. " RONR (11th ed.), p. 445 There's nothing to overturn when it comes to a nomination as there's no final action take by the assembly at that point. As Mr. Brown notes, there very well may be some dispute about his qualifications under the bylaws at the time he is elected (especially if there is a delay between when he's elected and when he assumes office) and that's something the assembly needs to resolve if there is such a dispute. Quote Link to comment Share on other sites More sharing options...
J. J. Posted October 19, 2017 at 05:35 PM Report Share Posted October 19, 2017 at 05:35 PM 1 minute ago, George Mervosh said: I think he can be nominated. RONR discusses cases where an election can be contested: "If an individual does not meet the qualifications for the post established in the bylaws, his or her election is tantamount to adoption of a main motion that conflicts with the bylaws. " RONR (11th ed.), p. 445 There's nothing to overturn when it comes to a nomination as there's no final action take by the assembly at that point. As Mr. Brown notes, there very well may be some dispute about his qualifications under the bylaws at the time he is elected (especially if there is a delay between when he's elected and when he assumes office) and that's something the assembly needs to resolve if there is such a dispute. Looking at precedent from the US House, the person could be nominated. There are several examples of someone being ineligible when nominated/elected, but seated when meeting the eligibility requirement. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted October 19, 2017 at 05:39 PM Report Share Posted October 19, 2017 at 05:39 PM 3 minutes ago, J. J. said: Looking at precedent from the US House, the person could be nominated. There are several examples of someone being ineligible when nominated/elected, but seated when meeting the eligibility requirement. Well I'm more concerned with RONR prohibiting it and I just can't see where it does. Quote Link to comment Share on other sites More sharing options...
Guest Jason Stadler Posted October 19, 2017 at 09:44 PM Report Share Posted October 19, 2017 at 09:44 PM If this helps to clarify it further, our bylaws just state the qualifications are needed to "hold" the position. Says nothing about to be nominated. In this specific case the nominations would be taking place in early November, the election would be taking place in early December and the individual would be taking office on January 1. The One qualification that they would need to hold the position would be completed by early December. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted October 19, 2017 at 10:16 PM Report Share Posted October 19, 2017 at 10:16 PM Well, being proposed as an officer is not the same thing as holding office, so I would say that an unqualified candidate may be nominated under your bylaws. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted October 20, 2017 at 01:05 AM Report Share Posted October 20, 2017 at 01:05 AM 3 hours ago, Guest Jason Stadler said: If this helps to clarify it further, our bylaws just state the qualifications are needed to "hold" the position. Says nothing about to be nominated. It is ultimately up to your organization to interpret its own bylaws, but I interpret the quoted provision to mean that it is important only that the person possess the qualifications at the time he actually takes office. That date appears to be January 1. Quote Link to comment Share on other sites More sharing options...
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