how to reasonably prevent nominations from the floor

[Al Dunbar]

Our practice has generally been to collect nominations by a deadline before the AGM. We do not often have more nominations than available positions. We have called for nominations from the floor at some previous AGMs, but I do not recall ever getting any. In a discussion about this I suggested that since RONR allows for nominations from the floor, we could probably not rule an attempt to do such a nomination out of order.

Given that the board feels it would be reasonable, and acceptable to the members, to disallow nominations from the floor, what is the most appropriate way for this to be done, in the bylaws or in a special rule of order?

Also, what are the main reasons for not making such a change?

Note that our nominating committee puts out notices encouraging members to consider putting their names forward to serve on the board, and giving the deadline for submitting such nominations in advance.

[Weldon Merritt]

On 9/21/2021 at 2:24 PM, Al Dunbar said:

Given that the board feels it would be reasonable, and acceptable to the members, to disallow nominations from the floor, what is the most appropriate way for this to be done, in the bylaws or in a special rule of order?

The only way to disallow nominations from the floor would be by a provision in the bylaws. How the board feels about it is irrelevant; it is the membership that gets to make that determination.

On 9/21/2021 at 2:24 PM, Al Dunbar said:

Also, what are the main reasons for not making such a change?

The main reason is that it deprives the membership of one more option to nominate someone they may feel is a better choice. This may not be a significant consideration if indeed there is ample opportunity for members to be nominated ahead of time. On the other hand, calling for additional nominations take little time, so I don't see any strong argument against allowing it.

[Tom Coronite]

On 9/21/2021 at 4:24 PM, Al Dunbar said:

Also, what are the main reasons for not making such a change?

Just a few days ago there was a post in which the OP described how their rules preventing nominations from the floor ended up putting them in a bind. They had persons nominated who were ineligible, and their rules prohibited nominating anyone else before the meeting, and even AT the meeting.

IMHO, especially whereas you admit you can’t recall anyone being nominated from the floor, you’re trying to solve a problem that doesn’t exist. How long does it take to say “Are there any further nominations for (position)? Hearing none…”   😕

[Weldon Merritt]

On 9/21/2021 at 2:42 PM, Tom Coronite said:

Just a few days ago there was a post in which the OP described how their rules preventing nominations from the floor ended up putting them in a bind.

I had forgotten about that post. Very good point. There's usually a good reason for the rules in RONR, and an organization should think very carefully before deciding to vary from them.

[Al Dunbar]

On 9/21/2021 at 2:42 PM, Weldon Merritt said:

The only way to disallow nominations from the floor would be by a provision in the bylaws. How the board feels about it is irrelevant; it is the membership that gets to make that determination.

The main reason is that it deprives the membership of one more option to nominate someone they may feel is a better choice. This may not be a significant consideration if indeed there is ample opportunity for members to be nominated ahead of time. On the other hand, calling for additional nominations take little time, so I don't see any strong argument against allowing it.

I did not intend to imply that "how the board feels about it" would trump how the members might object to no nominations from the floor, which is why I asked about bylaws and/or special rules of order.

I agree that calling for nominations takes very little time. Preparing ballots to add the new nominee should one someone nominate oneself is the issue.

[Al Dunbar]

On 9/21/2021 at 2:42 PM, Tom Coronite said:

Just a few days ago there was a post in which the OP described how their rules preventing nominations from the floor ended up putting them in a bind. They had persons nominated who were ineligible, and their rules prohibited nominating anyone else before the meeting, and even AT the meeting.

IMHO, especially whereas you admit you can’t recall anyone being nominated from the floor, you’re trying to solve a problem that doesn’t exist. How long does it take to say “Are there any further nominations for (position)? Hearing none…”   😕

Thanks. Yes, being unable to nominate anyone for vacant positions is something to be avoided. Our nominating committee reviews eligibility before allowing a nomination. Agreed that, in a sense, the problem doesn't exist. 

Agreed that the time it takes to ask for further nominations is not an issue. Our AGMs are very brief, so having to add a name to the ballots (or create ballots in the event that none of the positions is being contested) is what will be the problem.

[Dan Honemann]

On 9/21/2021 at 6:13 PM, Al Dunbar said:

Thanks. Yes, being unable to nominate anyone for vacant positions is something to be avoided. Our nominating committee reviews eligibility before allowing a nomination. Agreed that, in a sense, the problem doesn't exist. 

Agreed that the time it takes to ask for further nominations is not an issue. Our AGMs are very brief, so having to add a name to the ballots (or create ballots in the event that none of the positions is being contested) is what will be the problem.

A blank piece of paper works just fine.

[J. J.]

I will disagree with my colleague, Mr. Merritt.  Unless, of course, the bylaws required nominations from the floor, I see no reason why a special rule of order could not prevent them.  A rule that said "Nominations from the floor shall be prohibited" could be adopted.

That said, it would be up to the AGM, not the Board, to adopt such a special rule.  Further, the special rule, "Nominations from the floor shall be prohibited," would be subject to suspension. 

 

 

 

[Weldon Merritt]

On 9/21/2021 at 4:59 PM, Daniel H. Honemann said:

A blank piece of paper works just fine.

Or just having members writ in the name of the new nominee on the previously prepared ballots.

[Weldon Merritt]

On 9/21/2021 at 6:14 PM, J. J. said:

I will disagree with my colleague, Mr. Merritt.  Unless, of course, the bylaws required nominations from the floor, I see no reason why a special rule of order could not prevent them.  A rule that said "Nominations from the floor shall be prohibited" could be adopted.

Actually, on further reflections, I think you probably are right about that.

On 9/21/2021 at 6:14 PM, J. J. said:

That said, it would be up to the AGM, not the Board, to adopt such a special rule.  Further, the special rule, "Nominations from the floor shall be prohibited," would be subject to suspension. 

And I certainly agree with that. In fact, I think that even if the rule were placed in the bylaws, it could be suspended, since it clearly is a rule of order.

[Tom Coronite]

On 9/21/2021 at 6:13 PM, Al Dunbar said:

Thanks. Yes, being unable to nominate anyone for vacant positions is something to be avoided. Our nominating committee reviews eligibility before allowing a nomination. Agreed that, in a sense, the problem doesn't exist. 

Agreed that the time it takes to ask for further nominations is not an issue. Our AGMs are very brief, so having to add a name to the ballots (or create ballots in the event that none of the positions is being contested) is what will be the problem.

1) Ineligibility for office is not the only way you could end up in a bind. Suppose the nominee changes his mind and is unwilling to serve and you want to nominate someone else? Or you discover he’s been embezzling funds and you want to nominate someone else? What if he dies before the election?

2) A blank piece of paper has already been suggested by Mr. Honemann. If you have your hearts set on printed ballots, you could always add a blank line or two in addition to the pre-printed names. In fact, that facilitates write-ins also.

There’s a lot of wisdom and experience behind what is prescribed in RONR. Think long and hard before rejecting it.