nominations from the floor, absentee candidates

[Genesis]

There are members who cannot attend the annual meeting at which our annual election will occur but who want to be nominated as candidates. They have secured other members to nominate them from the floor.

First of all, if there is nothing in our association's governing documents that prohibits nominations from the floor of absentee members, is this allowed under RONR? 

Next, must these nominations be seconded? 

Then, must these nominations from the floor be accepted by the absentee candidates?  If these nominees have assigned proxies to other members, can those other members accept nominations on their behalf?

After the election, there is an organizational meeting to determine our officers. Because directors and members are allowed to participate electronically in our meetings as long as they can all simultaneously hear and deliberate with the rest who are present, will the newly elected directors who are physically absent but are present electronically, be allowed under RONR to participate in the election of officers?

 

[George Mervosh]

1) Yes.

2) No.

3) No, but a note saying they'd serve is a nice idea due to the rule on p. 444 - "An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice. After an election has become final as stated in this paragraph, it is too late to reconsider (37) the vote on the election."

4) RONR forbids proxy anything and offers no rule regarding the matter.

5)Absentee voting is not permitted under the rules in RONR, so the group has to interpret any applicable rule on the subject if interpretation is required.
 

Edited March 12, 2019 at 07:47 PM by George Mervosh

[Richard Brown]

9 minutes ago, Genesis said:

First of all, if there is nothing in our association's governing documents that prohibits nominations from the floor of absentee members, is this allowed under RONR? 

Yes.  RONR does not require that nominees be present.

10 minutes ago, Genesis said:

Next, must these nominations be seconded? 

No, nominations do not need to be seconded per RONR.

10 minutes ago, Genesis said:

Then, must these nominations from the floor be accepted by the absentee candidates?

No, but it is best that the consent of the nominees be obtained in advance.  The following language on page 444 might be helpful: 

"TIME AT WHICH AN ELECTION TAKES EFFECT. An election to an office becomes final immediately if the candidate is present and does not decline, or if he is absent but has consented to his candidacy. If he is absent and has not consented to his candidacy, the election becomes final when he is notified of his election, provided that he does not immediately decline. If he does decline, the election is incomplete, and another vote can be taken immediately or at the next meeting without further notice.

12 minutes ago, Genesis said:

If these nominees have assigned proxies to other members, can those other members accept nominations on their behalf?

There is no rule in RONR requiring consent in advance, but it is advisable.  Any provisions regarding the use of proxies would have to be in your bylaws or state law.

15 minutes ago, Genesis said:

After the election, there is an organizational meeting to determine our officers. Because directors and members are allowed to participate electronically in our meetings as long as they can all simultaneously hear and deliberate with the rest who are present, will the newly elected directors who are physically absent but are present electronically, be allowed under RONR to participate in the election of officers?

Yes, as long as your bylaws permit it.  RONR prohibits all forms of absentee voting, so any such authorization would have to be in your bylaws and would trump the rule in RONR.  See my answer above about when elections become effective.

[Atul Kapur]

6 minutes ago, George Mervosh said:

5)Absentee voting is not permitted under the rules in RONR, so the group has to interpret any applicable rule on the subject if interpretation is required.

To agree and summarize with Mr. Mervosh's points 1-4: Absentee candidates are allowed and anticipated in RONR.

Re point 5: You say that " directors and members are allowed to participate electronically in our meetings". Do your rules specify that directors participating electronically are considered present? If so, then it's clear that they can vote. If it is not specified, then your organziation has to interpret the rule.

It may help the interpretation to note that RONR says, "simultaneous aural communication among all participating members equivalent to those of meetings held in one room or area. Under such conditions, an electronic meeting that is properly authorized in the bylaws is treated as though it were a meeting at which all the members who are participating are actually present." (RONR, p. 97, lines 25-30, emphasis added).
In short, I think they can participate and vote on all matters at the meeting, including the election of officers (but my opinion counts for nothing as I'm not a member of your organization).

[Genesis]

Thank you George Mervosh, Richard Brown, and Atul Kapur for your kind assistance and guidance.

[Gary Novosielski]

I would add that the rules on accepting or declining an office apply to members who have actually achieved a majority victory on the ballot.  In other words, one can accept or decline an election, but not a nomination. 

No second or acceptance is required in the nomination process.  Once an eligible person is named, that person is nominated.  Although nominees may seek recognition in order to withdraw their candidacy, either before voting or between ballots, this does not prevent voters from voting for them anyway nor, should they be elected, prevent them from accepting election.

[mjhmjh]

17 hours ago, Gary Novosielski said:

I would add that the rules on accepting or declining an office apply to members who have actually achieved a majority victory on the ballot.  In other words, one can accept or decline an election, but not a nomination. 

No second or acceptance is required in the nomination process.  Once an eligible person is named, that person is nominated.  Although nominees may seek recognition in order to withdraw their candidacy, either before voting or between ballots, this does not prevent voters from voting for them anyway nor, should they be elected, prevent them from accepting election.

Would the motion to withdraw one's candidacy be adopted by majority vote?

[Dan Honemann]

8 minutes ago, mjhmjh said:

Would the motion to withdraw one's candidacy be adopted by majority vote?

No need for a motion. If a person does not seek office, all he need do is say so.