election when no qualified candidate is found

[loreen]

We have about 30 branches meeting for convention to hold elections. Our bylaws state that no two candidates up for election can be from the same branch but a candidate can not be found that is not in the same branch as someone already a confirmed candidate for another position. The current elected person in that position has resigned so an appointed person currently fills the position. Our bylaws do not have provisions for this situation. The appointee also would not qualify under these provisions. The bylaws do allow the president to appoint a person in case of resignation. What can we do??

[Josh Martin]

4 minutes ago, loreen said:

We have about 30 branches meeting for convention to hold elections. Our bylaws state that no two candidates up for election can be from the same branch but a candidate can not be found that is not in the same branch as someone already a confirmed candidate for another position. The current elected person in that position has resigned so an appointed person currently fills the position. Our bylaws do not have provisions for this situation. The appointee also would not qualify under these provisions. The bylaws do allow the president to appoint a person in case of resignation. What can we do??

The position will remain vacant until an eligible person is found or until the bylaws are amended to change the requirements for eligiblity.

[George Mervosh]

And make sure nominations are taken from the floor because once the members understand the situation a nominee may be found.   Also, unless the bylaws prohibit it, write in votes must be permitted.  Your problem might solve itself.

Edited January 14, 2019 at 06:18 PM by George Mervosh

[loreen]

Then the appointed person remains in the position till the next term or a different appointment is made?

[J. J.]

34 minutes ago, loreen said:

Then the appointed person remains in the position till the next term or a different appointment is made?

Please quote exactly the term of office provision in your bylaws.

[loreen]

51 minutes ago, J. J. said:

Please quote exactly the term of office provision in your bylaws.

I think I found my answer - thanks

Officers shall serve for a term of two years or until their successors have been elected or appointed

and have assumed office.

Vacancies

A vacancy in any office except that of the president shall be filled by

election by

the Board of Directors. Such a vote may be taken by in person meeting, by conference call, or by mail.

A vacancy in the office of president shall be filled by the program vice president.

[Gary Novosielski]

There's nothing in the quoted material that refers to restricting candidates from the same branch.

The language that provides for that restriction may be important too.  Does it restrict eligibility for holding office, election to office, or merely nomination for office?  Is it possible that a candidate could not be nominated and appear on a ballot, yet could be elected on write-in votes?

Edited January 14, 2019 at 09:42 PM by Gary Novosielski

[Josh Martin]

5 hours ago, loreen said:

Then the appointed person remains in the position till the next term or a different appointment is made?

 The “until their successors are elected or appointed” clause would suggest as much, but the fact that you said “The appointee also would not qualify under these provisions.” raises some complications.

Edited January 14, 2019 at 11:44 PM by Josh Martin