Can Nominations be Opened Early?

[Guest Rektroth]

I've been the Chairman of my organization's assembly for the last year, and our next election is fast approaching. Because of this, I began thinking about what our bylaws say regarding nominations for elections:

Quote

Section 2.  Nominations for all positions shall take place one week prior to their election.  Nominations for all elected positions shall remain open until the Chairman closes them the day of the election.

In past years, the floor has been opened to nominations as much as a month before the election, the argument for this being that RONR permits the assembly to vote on opening the floor for nominations early. Is this true, or are we required to wait to open the floor for nominations until one week before the election?

[Hieu H. Huynh]

Perhaps the organization could amend its bylaws.

[Josh Martin]

31 minutes ago, Guest Rektroth said:

I've been the Chairman of my organization's assembly for the last year, and our next election is fast approaching. Because of this, I began thinking about what our bylaws say regarding nominations for elections:

In past years, the floor has been opened to nominations as much as a month before the election, the argument for this being that RONR permits the assembly to vote on opening the floor for nominations early. Is this true, or are we required to wait to open the floor for nominations until one week before the election?

No, nothing in RONR says that an organization can open nominations earlier than the time prescribed in the bylaws. If the bylaws provide that nominations are opened one week prior to the election, then that is what must be done, unless and until the bylaws are amended.

[Atul Kapur]

7 minutes ago, Josh Martin said:

No, nothing in RONR says that an organization can open nominations earlier than the time prescribed in the bylaws. If the bylaws provide that nominations are opened one week prior to the election, then that is what must be done, unless and until the bylaws are amended.

Wouldn't this be a rule in the nature of a rule of order? If they are having meetings, then I would think they could suspend the rules to open nominations at a meeting held more than one week prior to the election.

[Richard Brown]

31 minutes ago, Atul Kapur said:

Wouldn't this be a rule in the nature of a rule of order? If they are having meetings, then I would think they could suspend the rules to open nominations at a meeting held more than one week prior to the election.

I agree.  This seems more like a rule of order than a qualification for holding office.  I think the rules can be suspended to open nominations early.

[J. J.]

1 hour ago, Atul Kapur said:

Wouldn't this be a rule in the nature of a rule of order? If they are having meetings, then I would think they could suspend the rules to open nominations at a meeting held more than one week prior to the election.

I agree, it there is nothing about nominations in the bylaws.  There usually is. 

Edit:  There is something in this organization's bylaws.  I agree with Mr. Martin. 

Edited October 4, 2020 at 10:40 PM by J. J.

[Atul Kapur]

2 hours ago, J. J. said:

There is something in this organization's bylaws.  I agree with Mr. Martin. 

But I'm saying that whatever rule there is in the bylaws is a rule in the nature of a rule of order and, therefore, can be suspended at a meeting.

[J. J.]

58 minutes ago, Atul Kapur said:

But I'm saying that whatever rule there is in the bylaws is a rule in the nature of a rule of order and, therefore, can be suspended at a meeting.

I think you are dealing then with prior notification.  Members can consult the bylaws and know when they can nominate.

[Atul Kapur]

Whose rights are violated if the rule is suspended at a meeting one month before the election to open nominations early?

I would agree that there is a problem if someone tried to suspend the rules to close nominations before the time specified in the bylaws, or other rule.

[J. J.]

9 minutes ago, Atul Kapur said:

Whose rights are violated if the rule is suspended at a meeting one month before the election to open nominations early?

I would agree that there is a problem if someone tried to suspend the rules to close nominations before the time specified in the bylaws, or other rule.

A member might want to to sound out other members about running, or see what his own support is.  There may be certain duties tied to being a nominee.

It would not be a problem, however, with a member indicating that he plans to nominate someone at the nomination meeting, provided that it is order for the member to speak at that time. 

[Atul Kapur]

None of those are rights that are violated, so I still don't see any impropriety in suspending this rule in the nature of a rule of order.

J.J., I think we're going to have to agree to disagree on this one.

[Richard Brown]

I still agree with Dr. Kapur.  I view the bylaw provision on nominations as a rule in the nature of a rule of order which can be suspended.

[J. J.]

There is also the problem of it being a different session.  You would be suspending the rule that says, for example, nominations will happen at the June meeting at the May meeting.  One or more of these things are going to create a problems.  So I still agree with Mr. Martin on this. 

[Atul Kapur]

Just because nominations occur at the May meeting does not prevent nominations from also occurring at the June meeting.

[Dan Honemann]

19 hours ago, Guest Rektroth said:

I've been the Chairman of my organization's assembly for the last year, and our next election is fast approaching. Because of this, I began thinking about what our bylaws say regarding nominations for elections:

In past years, the floor has been opened to nominations as much as a month before the election, the argument for this being that RONR permits the assembly to vote on opening the floor for nominations early. Is this true, or are we required to wait to open the floor for nominations until one week before the election?

Here is what we are told the bylaws say:

"Nominations for all positions shall take place one week prior to their election.  Nominations for all elected positions shall remain open until the Chairman closes them the day of the election."

What's going on here? Are all nominations being made during a meeting, or are they being made between meetings somehow? 

[Atul Kapur]

Important question. In my first post, I explicitly assumed that nominations were occurring at a meeting.

[Guest Rektroth]

On 10/5/2020 at 12:03 PM, Daniel H. Honemann said:

What's going on here? Are all nominations being made during a meeting, or are they being made between meetings somehow? 

We have nominations take place at meetings, but we have always interpreted the "open until the Chairman closes them" to mean that nominations may also be sent to the Secretary outside of meetings.

Now thinking about it, I'm not sure that doing both makes much sense.