Filling open Board spots after an election

[MK20]

We just held our Annual Board meeting in which we were originally going to vote on a by-law change to expand the current Board by 2 members. However, proper notice wasn't given to Membership so the vote on the by-law change was postponed by 2 weeks. Voting for the new Board was held as scheduled with 17 members on the ballot for 13 Board spots. If the upcoming by-law to expand the board to 15 members passes, what is the process to fill the additional 2 seats? Would it be the next two highest vote getters from the election we just held or does the current board choose 2 new members?

[Gary Novosielski]

No, the next highest vote getters would not be eligible unless they had support on a majority of ballots, which is unlikely since the membership was restricted from voting for more than 13 spots.   I believe a special election would be required.

Here's an idea that was not done, but I'd be curious to hear others' reactions: I think it would have been possible to allow the members to vote for up to 15 persons, in the anticipation that the board might be expanded in the near future, with the understanding that only the top 13 vote getters would be elected (presuming they had a majority) and the next two (presuming they had a majority) would only be seated if and when the size of the board was increased.

[Guest Zev]

The safest thing is to hold a special election when necessary. Many things can go haywire between the "anticipatory election" and the actual creation of the office. Candidates minds can change, other members may become eligible in that period, or the opinions of the assembly may shift. In the case such an "anticipatorily elected" individual performed an outrageous act it would look somewhat silly to hold a trial to depose this individual from an office he does not hold from an office that does not yet exist.