Guest Ross Jones Posted September 10, 2019 at 03:02 AM Report Share Posted September 10, 2019 at 03:02 AM Our Club is holding Elections this year. A nominating committee was appointed and their nominations were sent out to all club members. Our By Laws also allow for a person to run for a position if not nominated by the nominating Committee by a petition signed by 5 members in good standing. A ballot will be sent out by Oct 1 containing both the names nominated by the commit and the people who have sent in their petitions. The ballots must be received by the CPA by Nov 1. In this case one of the people nominated for a office position has threatened to resign in the middle of Oct (after many ballots have been sent in to the CPA) which means his name is still on the ballot. If he does carry through on his threat, would we have to reballot his position or if there is someone running for the same office by petition would that person be appointed by the board as per our By Laws? Quote Link to comment Share on other sites More sharing options...
jstackpo Posted September 10, 2019 at 05:46 AM Report Share Posted September 10, 2019 at 05:46 AM Resign from what? From what you say, your threatening candidate has not been elected yet. What I suspect he is trying to say is that if elected he will not accept the office. But he might very well change his mind when the results are in and he sees (maybe) how popular he is. So just finish the election process with the ballots as printed, count up all the votes, and see what happens. See page 444, line 17ff. If the "threatener" does win and promptly declines, you do NOT put the (other) petition candidate in office. After all, he did not get a majority of the votes, perhaps for very good reasons - he lost. Rerun the nomination and election process for the as yet unfilled office. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted September 10, 2019 at 06:59 AM Report Share Posted September 10, 2019 at 06:59 AM If, on the other hand, this person resigns as a member before the votes are cast, then any votes for him are illegal because they are cast for a person who is ineligible (I'm assuming you have a bylaw provision that states officers must be members - not all do). However, they do count in the denominator (to determine whether someone received a majority of votes cast). So, if he wins after his resignation, you do what jstackpo said. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 10, 2019 at 06:11 PM Report Share Posted September 10, 2019 at 06:11 PM 15 hours ago, Guest Ross Jones said: If he does carry through on his threat, would we have to reballot his position or if there is someone running for the same office by petition would that person be appointed by the board as per our By Laws? Well, he might lose, in which event his threat is immaterial. In the event that he does in fact win and refuses to serve, another round of voting will need to be held. Quote Link to comment Share on other sites More sharing options...
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