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Guest Guest SLC

I belong to a membership organization that uses a nominating committee as part of its leadership election process.  The bylaws require a ballot vote. This year we have independent candidates in addition to the nominated candidates. The bylaws state:  “Except as otherwise provided by statute or these Bylaws, two-thirds (2/3) of
affirmative votes cast by the members entitled to vote, if a quorum is present at such time, shall be the act of the membership of the League”. In the event that no candidate receives 2/3 vote do we re ballot until a candidate  receives the required number of votes? The bylaws allow for absentee ballots to be submitted 24 hours prior to the voting meeting. 

Thank you for your advice. 

 

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34 minutes ago, Guest Guest SLC said:

I belong to a membership organization that uses a nominating committee as part of its leadership election process.  The bylaws require a ballot vote. This year we have independent candidates in addition to the nominated candidates. The bylaws state:  “Except as otherwise provided by statute or these Bylaws, two-thirds (2/3) of
affirmative votes cast by the members entitled to vote, if a quorum is present at such time, shall be the act of the membership of the League”. In the event that no candidate receives 2/3 vote do we re ballot until a candidate  receives the required number of votes? The bylaws allow for absentee ballots to be submitted 24 hours prior to the voting meeting. 

Thank you for your advice. 

 

Lets hope that there is something "otherwise provided by statute or these Bylaws" to rescue your organization from the need to apply the bylaw provisions you have cited in order to determine the vote required for election (particularly if no candidate receives the requisite number of votes on the first ballot). 

If not, I'm afraid your organization will have to figure this out for itself, but this seems fair enough since it has only itself to blame.

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...And it's particularly unfortunate that you're counting absentee votes along with votes of those present, which RONR recommends strongly against. 

What do you intend to do if a second or subsequent ballots are required?  Since the absentee ballots are not going to change their minds, you may find yourself in a situation where it is impossible for any candidate to get to 2/3 no matter how many times you vote.

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1 hour ago, Gary Novosielski said:

...And it's particularly unfortunate that you're counting absentee votes along with votes of those present, which RONR recommends strongly against. 

What do you intend to do if a second or subsequent ballots are required?  Since the absentee ballots are not going to change their minds, you may find yourself in a situation where it is impossible for any candidate to get to 2/3 no matter how many times you vote.

The only problem that I could see, and it could be a very serious problem, is if the first ballot does not result in an election.  These absentee ballots could not be used in a second round of voting; it would be necessary to send in absentee ballots specifically for the second round (and any subsequent rounds) of voting.  Because a 2/3 vote is required to elect, it is very likely that there will be multiple rounds of voting.  

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Guest Who's Coming to Dinner
4 hours ago, Guest Guest SLC said:

In the event that no candidate receives 2/3 vote do we re ballot until a candidate  receives the required number of votes?

Voting is repeated until a candidate receives the required number of votes. It's up to your organization to decide, but I interpret your bylaws as replacing the default majority requirement with a blanket 2/3 requirement. That will be the requirement for elections unless you find a different provision in your bylaws. Do absentee ballots count in repeated voting? Neither I nor RONR has the slightest idea.

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I agree with JJ that the absentee ballots should not be counted in subsequent rounds of voting, even though I don't think anything in RONR expressly says so.

Also, although the candidate receiving the fewest votes is never removed from the ballot, candidates may voluntarily withdraw from future rounds of balloting.

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Guest Follow up SCL guest

Thank you for confirming my fears. I appreciate your time and consideration. Sections Of the bylaws have been revised and others- like this one- remain from the organization’s founding in 1951.  The absentee ballot provision provides: “ If the proposal is amended or changed in any way at a regular meeting, all absentee ballots are null and void.”  Does that Handle the issue of giving validity to the absentee ballots when a revote is necessary? 

If candidates voluntarily withdraw do ballots for them count? 

Thank you again. 

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Well, if nobody is dropped from the ballot, I'm not sure you could say that the proposal changes, but a second ballot is unquestionably not the same as a first, so I would also guess that the absentee ballots should not be counted except on the first ballot. (But I am not a member, so my opinion does not count.)

If candidates voluntarily (or by the passage of a special rule of order, involuntarily) withdraw, votes cast for them do still count.

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