When is an election completed?

[Guest Paul Templeman]

 

The bylaws specify that the election of officers takes place at the annual members meeting.  Vacancies in offices can be filled by the Board of Directors.  The secretary had resigned prior to the annual meeting so the position was vacant at the time of the meeting (so the point that officers continue "or until their successor is elected" doesn't seem to work here).  At the annual meeting there were no nominations for secretary so there was no election.  Is the position now vacant and the position be filled by the Board of Directors? Or is the election still incomplete.  I can't make heads or tails of RONR 46:45.

 

[Hieu H. Huynh]

It appears the position is vacant and the election is incomplete.

[Guest Paul Templeman]

If so, then what should happen next, fill the vacancy or complete the election? If the position isn't filled by the board should the election come to the next meeting?  If it is still incomplete at the next meeting then does it continue on perpetually until a member cries "uncle" and self-nominates?

 

[Hieu H. Huynh]

Fill the vacancy and that person will serve until the election is completed.

[Tim Wynn]

8 minutes ago, Guest Paul Templeman said:

If so, then what should happen next, fill the vacancy or complete the election? If the position isn't filled by the board should the election come to the next meeting?  If it is still incomplete at the next meeting then does it continue on perpetually until a member cries "uncle" and self-nominates?

 

I believe the following passage covers it (except for the crying "uncle" part):

"If, for any reason, the assembly does not complete an election at the time for which it was scheduled, it should do so as soon as possible and may do so at any time until the expiration of the term the election is to fill. In the meantime, if the term of office extends until a successor is elected (see 56:28–30) failure to complete an election leaves the incumbent, if any, in office. Otherwise, a vacancy in office arises (see 47:57–58 for procedures for filling vacancies). Once the election is completed, however, the person elected replaces anyone who filled the vacancy. Failure to hold or to complete an election at the scheduled time does not deprive the membership of its right to elect an officer of its choice." - RONR (12th ed.) 46:45

Edited June 16, 2021 at 09:23 PM by Tim Wynn

[Guest Paul Templeman]

19 minutes ago, Tim Wynn said:

I believe the following passage covers it (except for the crying "uncle" part):

"If, for any reason, the assembly does not complete an election at the time for which it was scheduled, it should do so as soon as possible and may do so at any time until the expiration of the term the election is to fill. In the meantime, if the term of office extends until a successor is elected (see 56:28–30) failure to complete an election leaves the incumbent, if any, in office. Otherwise, a vacancy in office arises (see 47:57–58 for procedures for filling vacancies). Once the election is completed, however, the person elected replaces anyone who filled the vacancy. Failure to hold or to complete an election at the scheduled time does not deprive the membership of its right to elect an officer of its choice." - RONR (12th ed.) 46:45

Why does it seem clearer when it it appears on my screen than when I read it in print?  Thanks!

[Atul Kapur]

As Guest Paul said he could not make heads or tails with 46:45, I will try to paraphrase and give an example in the hopes it will help.

The election is incomplete. There is a vacancy. 

Whoever is empowered to fill the vacancy can do so. If the executive board has that power, it can fill the vacancy. 

However, the body that elects that office has the opportunity to complete the election, all the way until the end of the term. If it completes the election, the person elected replaces the vacancy-filler.

Assume a society has a general membership meeting every month. The January meeting is the Annual Meeting where officers are elected, with terms ending at the adjournment of the Annual Meeting. The executive board meets weekly and has the power to fill vacancies. 

Your secretary resigned in December and it was accepted. At the January Annual Meeting, no one was nominated and no one was elected. The Secretary position is vacant. Later in January, the board fills the vacancy (let's say the board fills the vacancy with Pat).

Even though the vacancy has been filled, at any time before the next Annual Meeting the membership can complete the election. Let's say they do that in February and elect Sam. Sam then becomes the Secretary and Pat is out.

[Tim Wynn]

34 minutes ago, Guest Paul Templeman said:

Why does it seem clearer when it it appears on my screen than when I read it in print?  Thanks!

That's the magic of the RONR forum. You're welcome.

[Dan Honemann]

1 hour ago, Hieu H. Huynh said:

Fill the vacancy and that person will serve until the election is completed.

Precisely right.