Remedy for botched election

[Tomm]

Our veterans organization has a bylaw that states, "No two (2) National District Commanders or National Trustees shall be from the same Department."

It just so happened that at last weekends National Convention 2 National District Commanders from the same Department were elected.

Is there a remedy for this?

[Rob Elsman]

Well, if two persons from the same Department want to be a National District Commander, how is it decided which one can stand for election?

[Tomm]

On 8/28/2021 at 6:39 PM, Rob Elsman said:

how is it decided which one can stand for election?

I have no idea how it happened but it apparently it did! Is there a method to reconcile a situation like this or is one required to simply resign from one of the positions?

[Atul Kapur]

Once the first one was elected, the second one became ineligible for the position and the declaration of that person's election was an error that gives rise to a continuing breach of your bylaws.

If both elections occurred simultaneously, then you should have a rule to determine which one is declared elected and which one is ineligible.

For example a physicians' organization may have a board of 11 and a rule that no more than one person from any particular specialty may serve on the board at the same time. If multiple physicians from the same specialty run and garner enough votes to be elected, that organization has a rule that the one who received the most votes is declared elected.

Edited August 29, 2021 at 03:25 AM by Atul Kapur

[Rob Elsman]

The bylaw has created an impossible situation.  This is what happens when a bylaw is not subjected to thorough examination and deliberation before being adopted.  I see the virtue in the bylaw, but the bylaw seems half-baked.  So, as those west of the Hudson River are fond of saying, "It's your bylaw, you tell us."

[Josh Martin]

On 8/28/2021 at 8:48 PM, Tomm said:

I have no idea how it happened but it apparently it did! Is there a method to reconcile a situation like this or is one required to simply resign from one of the positions?

I concur with Dr. Kapur that if the elections did not occur simultaneously, then the election which happened second would be invalid.

In the more likely event that the elections occurred simultaneously, then it becomes more difficult. I assume the organization does not have a rule to resolve such situations, although it would seem prudent to adopt such a rule for the future.

If one of them is willing to resign, that is probably the easiest to resolve the problem.

If neither is willing to resign, it would seem to me the next step would be for the electing body to determine who gets to keep the seat. In this case, however, it seems that the electing body was the national convention, and the error was not caught until the convention had adjourned sine die. Since the convention presumably will not be meeting again for a year or more, that doesn't seem like a practical solution. As a result, I think the next step would be for the national board to determine who gets to keep the position.

Edited August 29, 2021 at 12:50 PM by Josh Martin

[Tomm]

On 8/29/2021 at 5:49 AM, Josh Martin said:

If neither is willing to resign, it would seem to me the next step would be for the electing body to determine who gets to keep the seat. In this case, however, it seems that the electing body was the national convention, and the error was not caught until the convention had adjourned sine die. Since the convention presumably will not be meeting again for a year or more, that doesn't seem like a practical solution. As a result, I think the next step would be for the national board to determine who gets to keep the position.

Thanks. You are correct about being at a national convention. I agree that the next best solution is a determination by the national executive committee.

[Guest Zev]

Is it possible for one of the commanders to temporarily change his department affiliation?

[Tomm]

On 8/29/2021 at 2:16 PM, Guest Zev said:

Is it possible for one of the commanders to temporarily change his department affiliation?

Department affiliations are based on the geographical location across the States. Can't change Departments unless he moves but there are already Department Commanders within those locations! 

I think Mr. Martin had the only logical remedy! It will be interesting to see how it shakes out! Let the "brains" on the National Executive Committee figure it out, they allowed it to happen!