Elections

[Guest Rider]

We are small 501 c 3 sports club and we had officer elections in January. All positions were uncontested. Motion was made and seconded to accept nominations and then the meeting moved to the next item of business.  No vote by any manner was taken. At our last meeting one of the members brought the error to the floor. Board did not know how to address the issue. Bylaws are very minimal, simple stating that elections shall be held at as annual meeting. ...which was in December but election didn't take place until January.  How should this "non vote" issue be addressed?

[Guest Zev]

You say that the "positions were uncontested." Perhaps the assembly understood that the office-seekers were elected by acclamation and that no other vote was needed. If this is a possibility then it appears that the first thing that needs to be done is for the assembly to decide whether an election error was in fact committed or not. Some bylaws require ballot votes regardless of how many candidates exist, even in the case of uncontested seats. The assembly can decide this issue.

If the assembly decides that no error was committed it then appears as though the election is a done deal and the current office-holders will continue until the next election.

If the assembly decides that an error was committed I would suggest that notice be given that a formal vote will be taken at a future date, that nominations be re-opened and new candidates be allowed, and a formal election be conducted, paying close attention to any further requirements the bylaws may have imposed.

And another thing. 501.c.3 societies may have certain legal requirements they must follow. Be sure to know what they are and to follow then to the letter.

[Guest Who's Coming to Dinner]

There is nothing to address if the bylaws don't require election by secret ballot. The lone nominees are elected by acclamation.

[Guest Rider]

Would not acclimation indicate that some form of acknowledgment occurred- clapping or something?  After the member brought the error up the general membership asked for a vote. A paper, secret vote was taken but as the counters were counting  the board objected and the counting was halted. Board stated they would have a board meeting after the general meeting to decide among themselves whether or not to let it stand. Members feel they were denied their vote. Again, the bylaws do not specify how election voting is to be done.

[Richard Brown]

1 hour ago, Guest Rider said:

Would not acclimation indicate that some form of acknowledgment occurred- clapping or something?  After the member brought the error up the general membership asked for a vote. A paper, secret vote was taken but as the counters were counting  the board objected and the counting was halted. Board stated they would have a board meeting after the general meeting to decide among themselves whether or not to let it stand. Members feel they were denied their vote. Again, the bylaws do not specify how election voting is to be done.

What is the board doing interfering with a membership meeting during a membership meeting? The board is not even present as a board at a membership meeting. It is a membership meeting, not a board meeting.

Do your bylaws give the board the power to reverse actions of the membership? If not, per RONR, the membership is the superior body and the board has no authority to reverse actions taken by the membership. See official interpretations 2006 - 12 and 2006 - 13 on the main website: http://www.robertsrules.com/interp_list.html#2006_12

Edited June 8, 2019 at 02:20 PM by Richard Brown
Typographical correction

[Gary Novosielski]

13 hours ago, Guest Rider said:

Would not acclimation indicate that some form of acknowledgment occurred- clapping or something?  After the member brought the error up the general membership asked for a vote. A paper, secret vote was taken but as the counters were counting  the board objected and the counting was halted. Board stated they would have a board meeting after the general meeting to decide among themselves whether or not to let it stand. Members feel they were denied their vote. Again, the bylaws do not specify how election voting is to be done.

The board has absolutely no power to halt counting, or to decide among themselves anything to do with an election. The only body with the authority to decide matters concerning elections is the one that casts the votes.  The members who feel they were denied their vote are correct.  The will of the general membership was to hold a ballot, and the board can't override that.

If the bylaws do not specify how voting is to be done, RONR says that it is in order to elect uncontested offices by acclamation.  But the presiding officer must make a statement to that effect at the time, and the minutes would reflect that fact.  But if that did not happen, and the general membership called for a ballot, then a ballot must be held.

[Joshua Katz]

I agree with the above responses, except to add that there may be relevant corporate law in your jurisdiction.

[Guest Rider]

Robert's Rule states:

If it is discovered after an election that the person elected does not meet the eligibility requirements,  and even if the person has begun to serve, the election is void. The organization must have another election.  Does that mean the entire election is void or just for that one position?

[Gary Novosielski]

The election of that one person is affected.  Anyone properly elected is unaffected by the eligibility (or lack thereof) of somebody else.

Even if all the offices to be elected appear on one ballot, that still represents a separate election for each office, and the rules are applied to each of these multiple elections individually.  

[reb]

Do you make a motion to accept the proxy ? Should the proxy say motion on it? Does any board have the right to say they don't qualify to be a officer?

Bylaws is made by board and amended  by board to their needs .  Never had 51% approved bylaws does members make a motion not to uses bylaws ?

can proxy ask yes and no question ?  making a motion to use proxy yes (ya)  or no (Na) be covered in meeting ? 

Do you make a motion that bylaws be written and approved by majority of members? Every amendment to bylaws  be approved by majority?

The DCC&R has no restriction about the type of qualification to be voted to be a officer How do I motion to go by DCC&R?

[George Mervosh]

7 minutes ago, reb said:

Do you make a motion to accept the proxy ? Should the proxy say motion on it? Does any board have the right to say they don't qualify to be a officer?

Bylaws is made by board and amended  by board to their needs .  Never had 51% approved bylaws does members make a motion not to uses bylaws ?

can proxy ask yes and no question ?  making a motion to use proxy yes (ya)  or no (Na) be covered in meeting ? 

Do you make a motion that bylaws be written and approved by majority of members? Every amendment to bylaws  be approved by majority?

The DCC&R has no restriction about the type of qualification to be voted to be a officer How do I motion to go by DCC&R?

Unless you were Guest Rider, see this from Mr. Gerber, particularly the second and third points.  https://robertsrules.forumflash.com/topic/25416-important-read-this-first-faq-and-information-for-new-members-and-guests/

 

Edited September 4, 2019 at 07:41 PM by George Mervosh

[Guest Rider]

Bylaws do not state Roberts Rules as governing rules so would Texas Business Organization Code over ride Robert's Rules on points not specifically stated in bylaws?we

[jstackpo]

That is for Texans to answer.

[Atul Kapur]

8 hours ago, Guest Rider said:

Robert's Rule states:

If it is discovered after an election that the person elected does not meet the eligibility requirements,  and even if the person has begun to serve, the election is void.

Just to be clear: there is nothing in your original post that suggests that any of the candidates were ineligible.

[Josh Martin]

23 hours ago, Guest Rider said:

Bylaws do not state Roberts Rules as governing rules so would Texas Business Organization Code over ride Robert's Rules on points not specifically stated in bylaws?we

Assuming the Texas Business Organization Code is applicable to your organization, it would override Robert’s Rules even if your bylaws specifically stated RONR as your parliamentary authority.

Indeed, if RONR is not your parliamentary authority, it is not binding on your organization at all (even if it does not conflict with your bylaws or applicable law), although your organization might consider it persuasive.

On 6/8/2019 at 7:26 AM, Guest Rider said:

Members feel they were denied their vote.

If the bylaws do not require a ballot vote, and the candidates are uncontested, what RONR says should happen is that the chair should simply declare the candidates elected. So it seems what happened was entirely proper (at least according to RONR). If the members didn’t like these candidates, they should have nominated others.

Edited September 6, 2019 at 01:25 AM by Josh Martin

[Joshua Katz]

1 hour ago, Josh Martin said:

Assuming the Texas Business Organization Code is applicable to your organization, it would override Robert’s Rules even if your bylaws specifically stated RONR as your parliamentary authority.

 

Well, any procedural provisions, anyway.

[Guest guest rider]

Our Texas 501(c)3 has very basic bylaws. We had 2 director spots expire and there is nothing in the bylaws stated how those positions should be filled. Camps are divided...Again, there is nothing in bylaws on how directors are elected or appointed. Texas Business Organization Code states vacancy in director position other than the originating directors are to be appointed by the remaining directors.

[Josh Martin]

4 hours ago, Guest guest rider said:

Texas Business Organization Code states vacancy in director position other than the originating directors are to be appointed by the remaining directors.

Okay, then do that.