Nominations from the floor/disqualifying candidates

[Spencer]

I'm on the Nominating Committee to select qualified persons for our upcoming annual election to fill 3 Board seats. The election will be held by ballot mailed to every member (380+).  My understanding of RR is that if a nomination is made from the floor, the person nominated must be included on the ballot.  Due to COVID-19, our quarterly General Membership meetings have been suspended, thus there was no opportunity for nominations from the floor.  Consequently, a handful of members contacted the office, saying they wanted to run for a Board seat.  We regarded these as "nominations from the floor" and included each individual on the ballot along with those members recommended by the Nominating Committee.  The list of candidates was approved by the Board.  Soon after the ballots were mailed, information came to light about one of the candidates (a nomination from the floor) that shows a blatant disregard for the interests of the organization.  May the Nominating Committee make a motion to the Board to disqualify this candidate?   Our Board continues to meet in-person and transact business.  The ballots will not be counted until October and there is a good possibility the candidate will receive a winning number of votes.  Is it correct that if the motion passes and the candidate is disqualified, any votes for the candidate would not be counted?  Or is it better to let the ballot process be completed and if the candidate is successful, to then pursue expulsion based on the requirements of our Bylaws?

 

[Gary Novosielski]

If the rules in RONR apply, the job of the Nominating Committee is to report a list of names that it recommends.  It would not have the power to make motions to the Board.  It can only report to the board, and I do not believe it can report un-recommendations, or express its opinion of nominations from the floor. It's not part of the committee's charge.

Nothing in your question indicates why this person would not be eligible for election. Do your bylaws say that as a qualification for office the candidate "must not be thought by any member to have showed a blatant disregard for the interests of the organization".  I suspect not.

Granted that, if proven, this might be grounds for discipline, up to and including expulsion from membership, but this apparently has not been done.  Unless the person is proven at a trial to be guilty of this, then it is merely an unproven allegation.  The Board would not have the power to do declare him ineligible, unless there are specific provisions in your bylaws granting them this power.  So even if you could make a motion, and even if it passed, it is likely that the person would not be disqualified, and votes for him would count toward his election.

So, as long as someone sees fit to nominate him (including himself) and he meets the qualifications in the bylaws, there appear to be no grounds to object to the nomination.

But of course there is a way to object to his election, and that is by voting for someone else.  That would be the recommendation for anyone who does not want him to be elected.

Edited September 4, 2020 at 01:13 AM by Gary Novosielski

[Atul Kapur]

26 minutes ago, Spencer said:

Soon after the ballots were mailed, information came to light about one of the candidates (a nomination from the floor) that shows a blatant disregard for the interests of the organization.

This appears to be a judgement call, not a fact. Based on the limited information provided, I recommend against "disqualifying" the candidate, and I would be surprised if the Board even has that authority (which would have to be in your bylaws).

32 minutes ago, Spencer said:

Is it correct that if the motion passes and the candidate is disqualified, any votes for the candidate would not be counted?

No, that is not correct. Ballots cast for an "ineligible candidate are treated instead as illegal votes—that is, they are counted as votes cast but are not credited to any candidate or choice." However, they are still counted and a candidate needs to have a majority of votes cast that indicate a preference (including illegal votes) to be declared the winner. RONR (12th ed.) 45:32

[Spencer]

Thank you, both.

[Richard Brown]

Agreeing with the previous answers, unless there is a provision in the bylaws authorizing it,  the board has no authority to disqualify candidates In the situation you described.