Write-In Interpretation

[Guest James]

Greetings, 

Our organization (camping club, similar to an HOA) is going through a debate amongst the members as we enter election-time, about write-in nominations. As many of us agree, Robert’s Rules state that write-ins are allowed unless the bylaws state differently regarding the election process. Our bylaws read:

SECTION 2 – ELECTION (BOD 1-23-99)
a. All members applying to serve on the Board of Directors shall have their completed, signed Board Application Form filed with the Vice-President by the date set by the Board of Directors. All candidates who apply for the Board of Directors shall have a felony background check prior to the application being accepted. All applicants who have been a current member for at least one year, are not related in any way to a current Board Member or candidate, including spouses, siblings, parents, children, in-laws, step-children and their spouses, step-parents, significant others or anyone on the same membership cannot serve on the Board of Directors simultaneously, have not been a Park employee during the previous one (1) year and are deemed members in good standing and have an acceptable felony background check shall be eligible for election to the Board of Directors. . (9-25-99) (9-27-03) (9-25-04) (1-1-12) (1-1-14) (1-1-20)
b. The Vice-President/designee shall post the names of the applicants and their qualifications on the common property at such place as may be designated by the Board of Directors. The posting shall be no less than 45 days prior to the Annual Meeting. Such qualifications are to accompany the ballot mailed to each member. (9-25-04).
c. Only those applicants who apply in accordance with paragraph a. and b. above shall be eligible for election to the Board of Directors.

 

Some members are of the opinion that write-ins are not disallowed, so they are allowed. Others read the above that, if you don’t complete a) and b), per c) you may not be elected to the board. Hence write-ins would not be allowed. 

Curious for some more experienced opinions, given the above information. Thanks in advance!

[Joshua Katz]

Ultimately, only your organization can interpret your bylaws via a point of order and appeal. In my personal opinion, which is worth the paper it's not written on, "[a[ll" suggests that anyone not following these procedures may not be elected.

[Josh Martin]

19 minutes ago, Guest James said:

Greetings, 

Our organization (camping club, similar to an HOA) is going through a debate amongst the members as we enter election-time, about write-in nominations. As many of us agree, Robert’s Rules state that write-ins are allowed unless the bylaws state differently regarding the election process. Our bylaws read:

SECTION 2 – ELECTION (BOD 1-23-99)
a. All members applying to serve on the Board of Directors shall have their completed, signed Board Application Form filed with the Vice-President by the date set by the Board of Directors. All candidates who apply for the Board of Directors shall have a felony background check prior to the application being accepted. All applicants who have been a current member for at least one year, are not related in any way to a current Board Member or candidate, including spouses, siblings, parents, children, in-laws, step-children and their spouses, step-parents, significant others or anyone on the same membership cannot serve on the Board of Directors simultaneously, have not been a Park employee during the previous one (1) year and are deemed members in good standing and have an acceptable felony background check shall be eligible for election to the Board of Directors. . (9-25-99) (9-27-03) (9-25-04) (1-1-12) (1-1-14) (1-1-20)
b. The Vice-President/designee shall post the names of the applicants and their qualifications on the common property at such place as may be designated by the Board of Directors. The posting shall be no less than 45 days prior to the Annual Meeting. Such qualifications are to accompany the ballot mailed to each member. (9-25-04).
c. Only those applicants who apply in accordance with paragraph a. and b. above shall be eligible for election to the Board of Directors.

 

Some members are of the opinion that write-ins are not disallowed, so they are allowed. Others read the above that, if you don’t complete a) and b), per c) you may not be elected to the board. Hence write-ins would not be allowed. 

Curious for some more experienced opinions, given the above information. Thanks in advance!

It seems to me that write-in votes are not permitted, since the rule provides that "Only those applicants who apply in accordance with paragraph a. and b. above shall be eligible for election to the Board of Directors." It would seem that anyone written in would not have applied in accordance with paragraphs a and b and consequently would not be eligible.

[Gary Novosielski]

I concur with my colleagues that paragraph c. appears to make ineligible anyone who did not follow the application process.  Write-in votes may only be made for eligible candidates. If no one else is eligible, then write in votes would seem to be unavailable.

Edited September 19, 2020 at 12:45 AM by Gary Novosielski

[Guest James]

Thanks all! Seems we have consensus. Hopefully our board will uphold this interpretation.