Unopposed officer and director nominees

[Guest Randi Garske]

We have an upcoming election for all officer positions and two director positions. There is no opposition for these positions. Does RRONR require a motion to seat the officers and directors as nominated? Our bylaws do not require a motion. 

In the past, we have just made an announcement at the appropriate time during the meeting that the board will be seated as nominated. Last year, a member objected and state we had to make a motion and vote on it.

 

Thanks!

[Joshua Katz]

Do your bylaws say that there will be an election?  If so, you should have an election.  There could be nominations from the floor.  Also, if they require a balloted vote, there must be a balloted vote.

[Guest Zev]

On page 437 (RONR, 11th):

Impropriety of Making the Nominating Ballot the Electing Ballot. Sometimes a motion is made to declare the nominating ballot the electing ballot. Such action negates all the advantages of a nominating ballot and is, in effect, the same as having an electing ballot without any nominations. If there is to be only one ballot, it should be the electing ballot, with nominations from the floor, or by a nominating committee and from the floor. A nominating ballot cannot take the place of an electing ballot in an organization whose bylaws require elections to be held by ballot.

By having this procedure your organization has deprived its members from exercising their liberty of write-in candidates.

[Guest Who's Coming to Dinner]

56 minutes ago, Guest Randi Garske said:

In the past, we have just made an announcement at the appropriate time during the meeting that the board will be seated as nominated. Last year, a member objected and state we had to make a motion and vote on it.

A motion is not required. If the nominees are running unopposed, and your bylaws do not require an election by ballot, then the chair should announce that they are elected by acclamation. If the bylaws require a ballot vote, then you must take one.

[Greg Goodwiller, PRP]

A motion is not required, but unless your bylaws preclude nominations from the floor, there has to be an opportunity for that.

So the President says something like, “the following individuals have been placed in nomination by the Nominations Committee: [read names]. Are there any nominations from the floor? [pause briefly] Hearing none, the nominees are elected by acclamation.”

And as noted by others, if your bylaws require a ballot vote, you must do so.

Edited May 24, 2018 at 02:43 AM by Greg Goodwiller, PRP

[Gary Novosielski]

20 hours ago, Guest Randi Garske said:

We have an upcoming election for all officer positions and two director positions. There is no opposition for these positions. Does RRONR require a motion to seat the officers and directors as nominated? Our bylaws do not require a motion. 

In the past, we have just made an announcement at the appropriate time during the meeting that the board will be seated as nominated. Last year, a member objected and state we had to make a motion and vote on it.

 

Thanks!

It depends on what your bylaws say.  But bear in mind that nominations from the floor are presumably in order at the election meeting, so there may be contested positions after all.

If not, and if your bylaws do not require a ballot vote, or contain an exception for uncontested elections, then the chair can declare the sole nominees elected by acclamation.  No motion required..  But if the bylaws do  require a ballot vote, then a ballot vote must be held, and write-in votes could conceivably change the outcome.  

[Patton531]

On 5/23/2018 at 9:05 PM, Joshua Katz said:

Do your bylaws say that there will be an election?  If so, you should have an election.  There could be nominations from the floor.  Also, if they require a balloted vote, there must be a balloted vote.

Our bylaws say, "there will be a vote."  When there's only one nominee, the vote is for "Nominee"? Or is it a "yes" or "no" vote? Do voters HAVE to vote? What happens if some abstain?

Sorry for all the questions. We're dealing with a board made up of very petty adults.

[Josh Martin]

12 minutes ago, Patton531 said:

Our bylaws say, "there will be a vote."  When there's only one nominee, the vote is for "Nominee"? Or is it a "yes" or "no" vote?

It depends on how the vote is taken. If a voice vote is taken, it is a “yes” or “no” vote. If a ballot vote is taken, then members would vote for a person. They could vote for the nominee or write-in another name. If a voice vote is taken, a majority in the affirmative is required. If a ballot vote is taken, then the nominee must receive a majority of the non-blank ballots to be elected. In the end, the assembly must elect someone. If members do not want to elect this person, they should move to reopen nominations.

Additionally, since your bylaws merely state that “there will be a vote” and do not require a ballot vote specifically, the rules could be suspended to avoid the vote. I would advise that the chair state that “If there is no objection, the rules shall be suspended and Mr. X shall be declared elected by acclamation.”

14 minutes ago, Patton531 said:

Do voters HAVE to vote?

No.

14 minutes ago, Patton531 said:

What happens if some abstain?

Abstentions are not included in determining the result.

[Patton531]

Thank you!

Our bylaws state nominations are taken at the June meeting. So nominations can be re-opened after the June meeting?

[Joshua Katz]

46 minutes ago, Josh Martin said:

Additionally, since your bylaws merely state that “there will be a vote” and do not require a ballot vote specifically, the rules could be suspended to avoid the vote. I would advise that the chair state that “If there is no objection, the rules shall be suspended and Mr. X shall be declared elected by acclamation.”

1 hour ago, Patton531 said:

I agree, with the note that a member who wishes to see someone else have the office should object to unanimous consent, vote against suspending if put to a vote, and move to reopen nominations.

 

4 minutes ago, Patton531 said:

Our bylaws state nominations are taken at the June meeting. So nominations can be re-opened after the June meeting?

Perhaps. What exactly do they say?

[Patton531]

Here's what our bylaws say: "Members of the Executive Board will be nominated by the (name goes here) community in June each year and will be elected in July each year by a vote of the EB."

For the record, I'm nominated (and don't have anyone running against me) but know that many on the board have grudges against me. I'm trying to protect myself and don't want them to pull some nonsense that prevents me from being voted in. Most of those who don't like me are not running for office again - they're leaving the board.

[Mr. J!]

If that's all your bylaws say, someone could be nominated from the floor. Even if you're the only nominee, there's no guarantee you'll be voted in. Members could elect a qualified person who wasn't nominated. 

[Joshua Katz]

It is not entirely clear to me that this rule can be suspended and nominations reopened. I think it is a matter of interpretation for your organization. If a motion to suspend the rules and elect without a vote fails, and a voice vote goes against you, it seems to me that the most practical answer will be to reopen nominations, and that that would be a reasonable interpretation. Regardless, a member could move to vote by ballot, which permits write-ins.

[Gary Novosielski]

The board elects its own members?  

[Guest Who's Coming to Dinner]

12 minutes ago, Gary Novosielski said:

The board elects its own members?  

Not uncommon in orgs without general membership.

My opinion is that if a vacant office is to be filled, then an aye/no vote is improper. Election is a question is whom, not if. On the other hand, if this is an optional position, say on a board of "not less than X nor more than Y directors," then an aye/no vote is commonly used.

[Josh Martin]

3 hours ago, Patton531 said:

Here's what our bylaws say: "Members of the Executive Board will be nominated by the (name goes here) community in June each year and will be elected in July each year by a vote of the EB."

For the record, I'm nominated (and don't have anyone running against me) but know that many on the board have grudges against me. I'm trying to protect myself and don't want them to pull some nonsense that prevents me from being voted in. Most of those who don't like me are not running for office again - they're leaving the board.

Based on these additional facts, I do not think that the board may reopen nominations after all, since the board is not the body which makes nominations in the first place. I do not see anything in this rule which would prohibit write-in votes, however, so the proper course of action for members who oppose the sole nominee would be to move that the vote be taken by ballot and, if this motion is adopted, to write-in the candidate of their choice.

If the board has the power to elect its own members, it ultimately has the power to elect someone else. So the board could indeed prevent you from being elected. There is no nonsense involved. If it is intended that the board may only elect persons who have been nominated by the community, this must be explicitly stated.

3 hours ago, Mr. J! said:

If that's all your bylaws say, someone could be nominated from the floor. Even if you're the only nominee, there's no guarantee you'll be voted in. Members could elect a qualified person who wasn't nominated. 

I do not agree that nominations from the floor are in order in this instance. We are told that nominations are made by the community, but the election occurs at the board meeting.

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

Not uncommon in orgs without general membership.

The facts provided, however, suggest that there is a general membership.

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

My opinion is that if a vacant office is to be filled, then an aye/no vote is improper. Election is a question is whom, not if.

Yes, and this is RONR’s position on this matter as well. RONR provides that, unless the bylaws require a ballot vote (or the assembly orders one), the chair should simply declare the sole nominee for a position to be elected. This organization’s bylaws, however, provide that a vote is required, but does not specify a ballot vote. In these circumstances, my interpretation of the rules in RONR on this subject would be that a ballot vote is strongly recommended, but if the assembly opts not to use a ballot vote, a vote must nonetheless be taken. When a voice vote is used for an election, the procedure is indeed to vote yes or no on each of the nominees in sequence. It would also seem to me, however, that the rules could be suspended to avoid the requirement of a vote.

In the long run, it would be sensible for the organization to amend its bylaws to either specifically require a ballot vote (with an exception for a sole nominee, if desired), or to remove this rule and simply follow RONR’s guidance on this subject.

Edited June 5, 2018 at 10:51 PM by Josh Martin

[Joshua Katz]

3 hours ago, Josh Martin said:

Based on these additional facts, I do not think that the board may reopen nominations after all, since the board is not the body which makes nominations in the first place. I do not see anything in this rule which would prohibit write-in votes, however, so the proper course of action for members who oppose the sole nominee would be to move that the vote be taken by ballot and, if this motion is adopted, to write-in the candidate of their choice.

 

I missed this important detail. Please ignore my comments above.