Procedural for Officer Elections - Did I Miss Something?

[Koleen]

Good morning  - my board is conducting their annual election of officers. To help facilitate the process, I created a memo that outlines the procedure noting the section it refers to in RONR, thus I want to be sure I am following RONR protocol. Note that we are meeting by zoom, so our workaround for ballots is texting to a designated teller. I've left out the names of members. Any suggestions to add or delete would be appreciated! 

This Memo provides you with information about the specific procedures for our elections, which are based on Robert’s Rules of Order Newly Revised – 12^th Edition (RONR).

 XX, president, will ask XX, chair of the governance committee, to provide a report to the board, which includes the slate of officers. XX will read the committee’s recommended slate of officers. RONR Section 46:15.

 After XX has presented the slate of officers, XX will call for further nominations from the floor for each position. RONR Section 46:18.

 To alleviate any conflicts of interest, XX, chair, will ask for nominations from the floor for the office of president.

 When it appears that no one else wishes to make a nomination for president, xx will again ask if there are any further nominations; if there is no response, xx will declare that the nomination for president is closed. RONR Section 46:20. 

- If there are nominations from the floor, members will go to a secret ballot election and the result of the election will be announced before the next office to be voted on is opened to nominations from the floor. RONR Section 46:21 & 46:31. See voting procedure below.

- If there are NO nominations from the floor, XX will ask for a motion to elect XX as president.

Upon completion of either the two options, XX will resume taking nominations from the floor using the above process for the following positions: chair, secretary, and chief financial officer.

 An officer-elect takes possession of their office immediately upon their election’s becoming final. RONR Section 46:47

Secret Ballot Election by Text Vote

If there are nominations from the floor for any position, a secret ballot election by text vote will be conducted as follows:

1.    XX will be the collector of the votes/teller.

 

2.    XX will ask members to text their vote to XX at XXXXXXX.

 

3.    XX will collect and tally the votes; it is XX responsibility to see that no member votes more than once. RONR Section 45:29

 

4.    After a brief minute, XX will ask if all members have voted who wish to do so. If there is no response, XX will announce the polls are closed, thus in effect declaring the polls closed by unanimous consent. RONR Section 45:30

 

5.    If a member does not turn their ballot in, XX will consider this a blank ballot and treat it as an abstention. RONR Section 45:31

 

6.    XX will complete a vote tally sheet that identifies the number of votes cast, the number of votes required for a majority, and the number of votes received for each candidate. RONR Section 45:37

 

7.    If one candidate receives a majority of the votes, XX will text the results to XX, and XX will announce the candidate that secures the officer seat. RONR Section 45:37 & 45:39

 

If no candidate receives a majority of votes, the election will proceed until one candidate gets a majority.  All candidates will be voted on at each election unless a candidate withdraws from the election.

 

8.    The tellers’ report is entered in full in the minutes, becoming a part of the official record of the organization. RONR Section 45:40.

[Josh Martin]

21 minutes ago, Koleen said:

Note that we are meeting by zoom, so our workaround for ballots is texting to a designated teller.

Do your bylaws authorize meeting by Zoom?

Also, I believe Zoom has built-in polling features, which may be something to look into. That is likely less labor-intensive then the texting method.

22 minutes ago, Koleen said:

 To alleviate any conflicts of interest, XX, chair, will ask for nominations from the floor for the office of president.

This step can be omitted. There is no requirement that the President relinquish the chair during the step of asking for nominations from the floor for the office of President.

23 minutes ago, Koleen said:

- If there are nominations from the floor, members will go to a secret ballot election and the result of the election will be announced before the next office to be voted on is opened to nominations from the floor. RONR Section 46:21 & 46:31. See voting procedure below.

- If there are NO nominations from the floor, XX will ask for a motion to elect XX as president.

If your bylaws do not require a ballot vote, and there is only one nomination for an officer, there is no need "for a motion to elect XX as President." The chair can and should simply declare the sole nominee elected.

[Koleen]

Hello again, Josh! Thanks for your feedback! 

Yes, bylaws do allow us to meet by teleconference and electronically (does not specifically say Zoom). We considered the Zoom polling feature, however we have members who are visually impaired and might find it difficult to use the polling feature with their screen readers. 

Can you refer to the section that says the President does not need to relinquish his role during nominations for his position? 

14 minutes ago, Josh Martin said:

If your bylaws do not require a ballot vote, and there is only one nomination for an officer, there is no need "for a motion to elect XX as President." The chair can and should simply declare the sole nominee elected.

Section 8.2: Election, Term of Office

The Officers of the Corporation, except those appointed in accordance with the provisions of Section 8.3, shall be elected by the Board by majority vote at the Annual Meeting, and each shall serve at the pleasure of the Board for a one (1) year term. No person shall serve more than two (2) consecutive full terms in the same office.

Re: the Pres (we use president rather than chair - which we are changing at our next round of changes) declaring the sole nominee elected, can I get that section referenced in RONR?

[Josh Martin]

3 minutes ago, Koleen said:

Can you refer to the section that says the President does not need to relinquish his role during nominations for his position? 

"Whenever a motion is made that refers only to the presiding officer in a capacity not shared in common with other members, or that commends or censures him with others, he should turn the chair over to the vice-president or appropriate temporary occupant (see below) during the assembly’s consideration of that motion, just as he would in a case where he wishes to take part in debate (see also 43:29–30). The chair, however, should not hesitate to put the question on a motion to elect officers or appoint delegates or a committee even if he is included." RONR (12th ed.) 47:10, emphasis added

5 minutes ago, Koleen said:

Re: the Pres (we use president rather than chair - which we are changing at our next round of changes) declaring the sole nominee elected, can I get that section referenced in RONR?

"If only one person is nominated and the bylaws do not require that a ballot vote be taken, the chair, after ensuring that, in fact, no members present wish to make further nominations, simply declares that the nominee is elected, thus effecting the election by unanimous consent or “acclamation.”" RONR (12th ed.) 46:40

[Richard Brown]

I commend you on the procedure if you have developed and I agree fully with the responses by Mr. Martin. I would like to emphasize, though, that a ballot vote, even if there is only one nominee, must nonetheless be conducted if your bylaws require a ballot vote. Do your bylaws require that the officers be elected by ballot?

I also have a concern about members texting their votes to someone.  This does not strike me as a true secret ballot,  especially if the person to whom the votes are being texted is a member. It also makes it impossible to verify the vote without disclosing how the members voted. It amounts to having a single teller with no means of verifying the accuracy of his tally.  If you find any members objecting to this process, you might check out one of the numerous online voting systems, such as Election Buddy, which do provide anonymous voting by secret ballot.  There are several such websites. They do charge a fee.

 I personally do not see where texting a vote to someone is easier for those who are visually impaired than voting in a zoom poll, but perhaps I am overlooking something. You know more about your members and their abilities than I do.

[Koleen]

Good morning Richard - thank you for your very important comments. 

Our bylaws do not state that we are to conduct a ballot vote if there is only one nominee. In fact, our bylaws do not indicate the type of voting we are to follow. However, it does have a provision that all meetings of the board shall be governed by a current edition of Robert's Rules of Order insofar as such rules are not inconsistent with or in conflict with these bylaws, the Articles of Incorporation of the Corp, or with State law. And, historically, we've always conducted a ballot election should there be a nomination from the floor. 

The person who is receiving the text votes are not a member of the board. I had not heard of Election Buddy - I appreciate the info! 

I am double-checking if the screen-readers that our members use can "read" the Zoom poll functions.