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Failure to hold an election


Guest Mike W.

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16 hours ago, Atul Kapur said:

 I see in Answer 382 of Parliamentary Law that the General said that "failure to hold or to complete an election does not create a vacancy." 

 

37 minutes ago, Guest Who's Coming to Dinner said:

I find this most interesting as it has always been my understanding, notwithstanding the position of the Estimable Fisherman and others here.

And in Answer 310 he said that a motion can be made to rescind the negative vote on a motion to purchase some typewriters. You aim to hang your hat on this too?  🙂

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

I find this most interesting as it has always been my understanding [that failure to complete an election does not create a vacancy], notwithstanding the position of the Estimable Fisherman and others here.

 

It has been my understanding as well (although I've been "corrected" on that from time to time).

Still, I think DH's suggestion for what to do when an election cannot be completed makes practical sense.  I agree that there cannot be a typical vacancy in this case.  If an officer's term, has expired, but the election of a successor was not completed, and there is no "or until" clause,  then there is no unexpired term to fill, so nobody can be appointed to fill it.  But there is an office that is vacant--one that may be quite essential--and electing a president pro-tem, say, at each meeting may just not do the trick as that affords no administrative powers. 

It makes sense to me that the board, if it has the power to fill vacancies, could appoint someone to the office, not for a full term, but only until the election can be completed.  In the case of the president in particular, if there is a duly elected VP, the VP would not become president, as would occur with a true vacancy, but could perform the duties "in the absence" of a president, until one was elected.

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