When an officer declines after being elected

[Alex Meed]

A society's bylaws provide that its officers-elect take office at a defined time after the election. They also require that regular officer elections be done at a particular regular meeting, and that nominations be taken at both that meeting and the preceding regular meeting. They have this to say about special elections: "A vacancy in office is filled by special election. The first nomination period is at the first regular meeting no earlier than the day after the vacancy is created. At the following regular meeting, the special election is held under the same procedures as the regular election. The election takes effect at the close of the meeting."

At a regular election, a candidate is nominated and elected, is present for the election, and does not decline. However, in the ensuing days before taking office, the officer-elect informs the Secretary that he no longer wishes to take office. There are no more regular meetings before the beginning of the term, but there is enough time to call a special meeting before then.

Since the officer-elect has yet to assume office, and thus his belated declination has not created a vacancy, may a new officer-elect be chosen at a special meeting without a separate nomination period, as RONR would allow for an absent officer who immediately declines (RONR (11th ed.), p. 444, ll. 23–25)? Or must the society wait until the next regular meeting and comply with its bylaws provisions relating to filling vacancies in office?

Also, if there were another regular meeting before the beginning of the term, could the new officer-elect be chosen at that meeting?

[Guest Zev]

Quote

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. After an election has become final as stated in this paragraph, it is too late to reconsider (37) the vote on the election.

RONR 11th edition, page 444.

In my opinion this election is not an incomplete election because the candidate was present and did not decline his election. The safest thing to do is to follow the rules for office vacancies. In this fashion no one can accuse you of trying to pull a fast one or engage in any parliamentary hanky-panky.

[Richard Brown]

7 hours ago, Guest Zev said:

RONR 11th edition, page 444.

In my opinion this election is not an incomplete election because the candidate was present and did not decline his election. The safest thing to do is to follow the rules for office vacancies. In this fashion no one can accuse you of trying to pull a fast one or engage in any parliamentary hanky-panky.

I agree. This is not an incomplete election, therefore, you must follow the provisions in your bylaws for filling vacancies.