Unfit officer

[Ben]

There are 2 people running for captain in the election election after voting and the swearing in the the new officer it is found that the winning captain at the time of the election didn't qualify for the position. Do we have new elections or the second party becomes captain as if the first person was on the ballet?

[George Mervosh]

1 hour ago, Ben said:

There are 2 people running for captain in the election election after voting and the swearing in the the new officer it is found that the winning captain at the time of the election didn't qualify for the position. Do we have new elections or the second party becomes captain as if the first person was on the ballet?

A point of order needs raised at a meeting that the person who was elected was not eligible according to the bylaws and that ruling needs sustained.  If it is, a new election for the position is held.  See RONR (11th ed.), pp. 444-446 "CONTESTING THE ANNOUNCED RESULT OF AN ELECTION." 

The runner up was not elected, so he does not ascend to that office by virtue of what happened.

Edited December 13, 2019 at 07:24 PM by George Mervosh

[Gary Novosielski]

8 hours ago, Ben said:

There are 2 people running for captain in the election election after voting and the swearing in the the new officer it is found that the winning captain at the time of the election didn't qualify for the position. Do we have new elections or the second party becomes captain as if the first person was on the ballet?

The second party did not receive a majority vote, and was not elected.  If it turns out that the "winning" candidate is ruled not to be eligible, which will require a point of order, then you'll need to hold a new election.  The runner-up can run again, of course, and may yet get a majority vote.