Repeat balloting outside of a meeting

[Phil D]

This is a potential problem that hopefully will remain merely potential.

I preside over a union chapter. Our meetings are subject to RONR. Unless otherwise noted, you can assume that the various procedural authorities that would supersede RONR have nothing relevant to say. 

A small subsection of the chapter is having an election for their representative on a standing committee. The subsection is small enough that a tie vote is a live possibility. RONR contemplates repeat balloting until someone gets a majority. However, RONR also contemplates that we are conducting the balloting during a meeting. Rather, the vote will occur outside of a meeting, consistent with a resolution adopted by membership at our last meeting.

So the question is what the practicalities are of setting those tiebreaker votes. It seems as though conducting the tiebreakers is inherent in setting a ballot election in the first place. Any guidance either from RONR or general experience on doing such a thing in a way that is fair and consistent with the rules?

[Josh Martin]

On 5/25/2022 at 8:19 PM, Phil D said:

So the question is what the practicalities are of setting those tiebreaker votes. It seems as though conducting the tiebreakers is inherent in setting a ballot election in the first place. Any guidance either from RONR or general experience on doing such a thing in a way that is fair and consistent with the rules?

RONR's guidance is that if an organization adopts rules authorizing voting outside of a meeting, the organization should also provide a method of selection if there is a tie - since as you note, repeated ballot is often not feasible.

"An election by ballot can be conducted by mail if the bylaws so provide, as explained in 45:57–69. For such an election, however—unless repeated balloting by mail is feasible in cases where no candidate attains a majority—the bylaws should authorize the use of some form of preferential voting or should provide that a plurality shall elect, and should provide for a method of selection if there is a tie." RONR (12th ed.) 46:36

If the organization has failed to adopt such rules, however, repeated balloting will be required in the event of a tie.

As for what rules should be adopted for breaking ties, my understanding is that generally such procedures involve coin tosses or drawing of lots.

[Phil D]

Yes our bylaws are in need of some revision. They are about 95% good but leave a few loose ends for some rare but possible circumstances like this one. We are newly organized and are working on it.

Lots are the tiebreaker in our other elections as required by our parent organization’s constitution and board policy—but those rules only apply to the election of our officers and delegates to the parent org. Can’t say I love it as a tie-breaking method but I suppose there is no easy alternative. 

[Dan Honemann]

On 5/26/2022 at 8:44 AM, Phil D said:

Yes our bylaws are in need of some revision. They are about 95% good but leave a few loose ends for some rare but possible circumstances like this one. We are newly organized and are working on it.

Lots are the tiebreaker in our other elections as required by our parent organization’s constitution and board policy—but those rules only apply to the election of our officers and delegates to the parent org. Can’t say I love it as a tie-breaking method but I suppose there is no easy alternative. 

You say that this vote will occur outside of a meeting, consistent with a resolution adopted by your membership at its last meeting.  Usually not a good idea.