Board Election

[Linda Ramas]

Our dog club has elections every two years.  We are up for an election this year. According to our bylaws, a nominating committee is formed to vet individuals to serve on the board for the next term.  We went through that process and chose the slate.  Our bylaws also allow members to nominate themselves to challenge the slate which has occurred. One of the board members who was on the nominated slate resigned and doesn't want to be re-elected.  Our bylaws do not address this situation. So my question is, does the nominating committee go back to choose another member for the position or does the challenger automatically get that position even though we have not had our election.  We are due to send out ballots August 1, 2020 so we need some guidance.

[Rob Elsman]

1. Candidates do not run on "slates" to "tickets".

2. If the resignation has not been accepted, the person is still a member of the nominating committee.

3. The appointing authority of the nominating committee has the power to choose another member, but the committee itself does not have that authority.

4. The ballots have apparently already gone out, so it's too late for any guidance.

5. Hold the election in the same way as it is normally done.

6. May the best dog win.

[Josh Martin]

9 minutes ago, Rob Elsman said:

3. The appointing authority of the nominating committee has the power to choose another member, but the committee itself does not have that authority.

I would note that under ordinary circumstances, the committee would have the power (and duty) to choose a new nominee in the situation described, but I agree that it appears to be too late for that at this point.

"A nominating committee is automatically discharged when its report is formally presented to the assembly, although if one of the nominees withdraws before the election, the committee is revived and should meet immediately to agree upon another nomination if there is time." (RONR, 11th ed., pg. 435)

2 hours ago, Linda Ramas said:

Our dog club has elections every two years.  We are up for an election this year. According to our bylaws, a nominating committee is formed to vet individuals to serve on the board for the next term.  We went through that process and chose the slate.  Our bylaws also allow members to nominate themselves to challenge the slate which has occurred. One of the board members who was on the nominated slate resigned and doesn't want to be re-elected.  Our bylaws do not address this situation. So my question is, does the nominating committee go back to choose another member for the position or does the challenger automatically get that position even though we have not had our election.

The challenger does not "automatically" win, but they presumably will if they are the only person running for the position. Theoretically, however, write-in votes could change the result.

2 hours ago, Linda Ramas said:

We are due to send out ballots August 1, 2020

This may be rather difficult without a time machine. Is there a typo here, or are the ballots overdue?

Edited August 20, 2020 at 04:00 PM by Josh Martin

[Rob Elsman]

I slightly misunderstood the post.  I was incorrectly under the impression that one of the committee members had submitted his resignation.  A second reading makes it clear that a candidate tried to "resign".  Candidates can request to withdraw, but they cannot "resign".  Whether they stand for the office or not, the assembly can elect them, like it or not.

Mr. Martin correctly understands the question posed.  If practical, the committee can submit another candidate's name.  As Mr. Martin notes, though, it sounds like the time to do that has long since passed if authorized absentee ballots have already been sent out.

[Linda Ramas]

It is not too late to choose another nominee.  The ballots have to go out by September 1, 2020 to the membership and voting takes place until October 30th.

[Josh Martin]

9 minutes ago, Linda Ramas said:

It is not too late to choose another nominee.  The ballots have to go out by September 1, 2020 to the membership and voting takes place until October 30th.

Thank you. Based on these additional facts, the nominating committee should select a new nominee if it is possible for the committee to do so in sufficient time for the ballots to be printed and sent by September 1, 2020.