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Board Election Re-Vote Allowed?


Guest Deirdre
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Our Board of Directors of a small non-profit club this week elected a number of new directors to the Board. It was a situation in which 7 directors were to be chosen from a total of 12 nominees.  Vote was done by written ballot. The results were tallied by the Secretary and announced immediately to current Board members. (Those elected have not yet been notified).  The only information given at time of resulting was "X had 10 votes, Y had 10 votes, etc".  Ballots and tally sheet were discarded by the Secretary after the vote. One of the existing directors has now asked, after the fact, for a re-counting of the ballots, and since the secretary is unable to produce the ballots, has asked for a new vote. Is the Board member within their rights to request the re-vote? 

 

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Questions regarding irregularities in the voting, including ordering a recall recount, are settled by a majority vote of the assembly in which the election was conducted, in this case presumably the general membership.  No single member of the membership, much less a single director, may order a recount without a motion passed at a meeting.

The Secretary acted improperly by failing to keep the ballots under seal until the time in which a recount could be ordered expires.  But the motion to order a recall can only take place at the assembly session at which the results were announced, or the following session if within a quarterly interval.

Edited by Gary Novosielski
as indicated.
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8 hours ago, Guest Who's Coming to Dinner said:

The only circumstance in which another vote could be ordered now is if there is an ongoing breach of the rules, e.g. that a member was deprived of the opportunity to vote or that a nonmember was allowed to vote.

AND, very importantly, the missing vote(s) could have made a difference in the outcome.  Page 416.

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