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Who is credentialed to vote?


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An organization had its annual convention, including elections, but there was no candidate for one of the offices. The bylaws state "The term of office shall be for two years, or until a successor is elected." which leaves the previous officeholder in place until an election can be held.

I have advised the group that we have an incomplete election, and, per RONR, the election should be completed as soon as possible. The next opportunity will be in the fall, which will be called as a special meeting to complete the election.

The question is—who is credentialed to vote in the incomplete election? The bylaws state: "The delegates and alternates selected shall be delegates and alternates to attend any Special Meeting of the State which may be held prior to the Annual Convention of the next year. "

Many of the delegates are selected by virtue of the office they hold, however in the time between the annual convention and now, some of those officers have been replaced with new officers.

Are the NEW officers entitled to a vote as per their office? Or do the former officers who were credentialed at the Annual Convention still have a vote?

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This is ultimately a question of interpretation of your bylaws, which is something only the members of your organization can do.  We cannot do that for you.  However, my own personal opinion, based on what you have told us, is that the bylaws mean just what they say and that the individuals selected as delegates for the convention remain as delegates and alternates for any special meetings held prior to the next annual convention. I would take that to mean that the former officers who were delegates at the convention are to serve as delegates at any special meetings prior to the next convention.

Note:  We have not seen your actual bylaws.  Seeing them in their entirety might cause me to change my opinion.

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