Board Member election - tie votes

[Guest Andrew Russo]

When electing Board Members and a majority of votes are received by some members but not enough to fill the vacant seats...what happens next?

 

Should there be another vote (runoff) for the remaining seats with a requirement of 50% or more.....?

 

What if there is, after several votes, still a tie for one of more of the Board seats?

 

 

[jstackpo]

In  the order you asked (sorta)...

The candidates with majorities are elected - congratulate them.

Run another election for the remaining unfilled positions with ALL the remaining candidates on the ballot - no drop-offs.

Still tied? Or not enough majority winners? Try again.  If that gets you nowhere, open the floor for additional nominations and run yet another election. Again with all (remaining) candidate (unless one or more drop out of their own free will).

If you announce all the intermediate results as you go along, including vote counts -- as you should anyway (see page 417) -- the voters (and the candidates) will get the message and adjust their preferences (unless they are all a bunch of stick-in-the-muds).

[Gary Novosielski]

7 minutes ago, Guest Andrew Russo said:

When electing Board Members and a majority of votes are received by some members but not enough to fill the vacant seats...what happens next?

Should there be another vote (runoff) for the remaining seats with a requirement of 50% or more.....?

What if there is, after several votes, still a tie for one of more of the Board seats?

A majority is not "50% or more" it is strictly more than 50%.

In your scenario, those who receive a majority are elected, and an additional ballot is held for the unfilled seats.  it's not a runoff, as nobody is dropped (unless already elected).

You keep voting until all seats are filled.  It is also in order to reopen nominations between ballots, and candidates may voluntarily withdraw between ballots as well.  Sometimes in the case of a durable tie, the two candidates agree that one will withdraw decided by a coin toss.

[Guest Invecta3]

What if bylaws mandate minimum of 5 and max of 7 directors.  There are 3 vacancies. 4 are holdover directors.  Balloting is by mail or in person.  Holder of elections announces, with no candidate having a majority, No election.  Failure of at least 1 candidate to get a majority vote  means no required minimum of 5 directors.  Bylaws stipulate director election is by majority vote precluding move to plurality vote.  No 5 no new board...board in limbo?  Is there another option than a new ballot...(remember, balloting was by mail or in person with large percentage being by mail).

[Gary Novosielski]

No there is not.

And RONR recommends that no method of voting that mixes in-person votes with absentee votes should ever be used.  You can see why.

Nothing puts the board "in limbo" although your quorum requirements may become a problem. If the membership can't fill the minimum number of seats at this meeting, it can set an adjourned meeting at which the election can be completed.  

[jstackpo]

1 minute ago, Guest Invecta3 said:

What if bylaws mandate minimum of 5 and max of 7 directors

A "range" of positions is a quandary as to what it means or how to deal with it.  RONR doesn't say.  You will have to have the association interpret the bylaws - see p. 588. The usual method is to raise an appropriate point of order, majority decides any appeal of the chair's ruling - then amend the bylaws to set a fixed number.

 

[Josh Martin]

1 hour ago, Guest Invecta3 said:

What if bylaws mandate minimum of 5 and max of 7 directors.  There are 3 vacancies. 4 are holdover directors.  Balloting is by mail or in person.  Holder of elections announces, with no candidate having a majority, No election.  Failure of at least 1 candidate to get a majority vote  means no required minimum of 5 directors.  Bylaws stipulate director election is by majority vote precluding move to plurality vote.  No 5 no new board...board in limbo?  Is there another option than a new ballot...(remember, balloting was by mail or in person with large percentage being by mail).

A new ballot is required, unless the bylaws provide another method.

The board is not in “limbo.” Provided that the board can obtain a quorum, the board can continue to meet and conduct business.

1 hour ago, jstackpo said:

A "range" of positions is a quandary as to what it means or how to deal with it.  RONR doesn't say.  You will have to have the association interpret the bylaws - see p. 588. The usual method is to raise an appropriate point of order, majority decides any appeal of the chair's ruling - then amend the bylaws to set a fixed number.

The range is not an issue at the present time, as the society has currently failed to elect any directors. As a result, the board is below the minimum for the range, and it would therefore seem that repeated balloting is required in any event. The range may become an issue in subsequent ballots.

Edited April 16, 2019 at 10:08 PM by Josh Martin