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19 minutes ago, KimberlyDe said:

My Board would like to not hold elections this year and keep the current board for an additional year. They want to amend the by-laws, which require a 2/3 vote, I think they can just make a motion as it will only be for one year.  

You think wrong! If the bylaws require an election annually (or biennially and this is the end of the biennium), then an election must be held this year unless they bylaws are first amended to change that requirement.

That's not to say that thee same officers cannot be elected to another term. They can, unless there are applicable term limits. But they would still have to be nominated and elected. And other nominations from the floor would have to be allowed unless the bylaws specifically prohibit nominations from the floor.

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56 minutes ago, KimberlyDe said:

My Board would like to not hold elections this year and keep the current board for an additional year. 

What is the reason that the board does not want to hold elections this year? Does it have to do with the inability to have an in person meeting due to COVID-19, or is it something else?

Edited to add: I agree with my friend Mr. Merritt that if your bylaws call for Elections to be held this year, they should be held. However, you might have some alternatives if for some reason it is impracticable to hold elections this year. We really need more information in order to properly advise you. Please tell us why the board does not want to have elections this year and also tell us whether your bylaws contain a provision that says officers and/or directors shall continue to serve until their successors are elected. Please quote the provision regarding the terms of office verbatim.

Edited by Richard Brown
Added last paragraph
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