Running for Board from the Floor - Good stategy or Conflict?

[John Cummings]

A situation is unfolding that has many in our association up in arms and crying fowl, so wanted to get some expert opinons.
  
We have an upcoming Boatrd of Directors election in which 3 owners in our association have declared that they are running for the 3 open Board seats.  All 3 of these candidates declared they were running before the required deadline.    Two of these candidates are current Board members sitting on a 5 member Board.  This isn't part of the issue, but just providing the facts.

Now to the issue.  This certainly has the appearance of conflict and perhaps an abuse of power or maybe just good strategy.

The Association Secretary, who is also the Election supervisor who just picked the team of vote counters decided to declare 1 week prior to the meeting that she is running from the floor of the meeting.   I understand that everyone is a volunteer, but this certainly has at the very least an appearance of conflict.  Full disclosure, I am 1 of the 3 Board candidates that originally declared that I was running for the Board and this move seems like a ploy to prevent me from winning. I say this because of a few other events that I will leave out as not to muddy the waters.

Questions
 

• Should the Secretary recused herself from being the Election commissioner due to the appearance of a conflict?  She personally selected the entire election team of vote counters, then she declared she is running.  
   
• Is there a proper process for running from the floor?  I assume if you remove the above appearance of a conflct that she would be allowed to campaign prior to running from the floor of the meeting.
   

As always, thanks for any replies, this is a great resource for us novices.
John 

[Richard Brown]

On 9/13/2022 at 3:52 AM, John Cummings said:

Should the Secretary recused herself from being the Election commissioner due to the appearance of a conflict?  She personally selected the entire election team of vote counters, then she declared she is running.  

Nothing in RONR requires it. What do your bylaws and other rules have to say about this?

On 9/13/2022 at 3:52 AM, John Cummings said:

Is there a proper process for running from the floor?  I assume if you remove the above appearance of a conflct that she would be allowed to campaign prior to running from the floor of the meeting

Unless your own rules provide otherwise, you simply have someone nominate you from the floor when the floor is open for nominations.. Also, unless your own rules provide otherwise, persons wishing to run may nominate themselves.

[John Cummings]

On 9/13/2022 at 6:15 AM, Richard Brown said:

Nothing in RONR requires it. What do your bylaws and other rules have to say about this?

Unless your own rules provide otherwise, you simply have someone nominate you from the floor when the floor is open for nominations.. Also, unless your own rules provide otherwise, persons wishing to run may nominate themselves.

Thanks,

Fair enough.  My Board training told me to alway avoid any situation that has an appearance of conflict. I thought this did, but if an neutral observer doesn't see any issues then I am fine.

Thanks again

John

[Josh Martin]

On 9/13/2022 at 3:52 AM, John Cummings said:

Should the Secretary recused herself from being the Election commissioner due to the appearance of a conflict?  She personally selected the entire election team of vote counters, then she declared she is running.  

RONR does not require it. For comparison, the rules in RONR provide that the chair appoints the tellers committee, and does not provide an exception to this rule in the event the chair is a candidate.

I would note, however, that I am not entirely clear on what duties (if any) the Election Commissioner has beyond appointing tellers.

On 9/13/2022 at 3:52 AM, John Cummings said:

Is there a proper process for running from the floor?  I assume if you remove the above appearance of a conflct that she would be allowed to campaign prior to running from the floor of the meeting.

I concur with Mr. Brown, and in regard to campaigning, no rule in RONR would prevent any person from campaigning for an office, whether or not that person has yet been formally nominated for the office.

[John Cummings]

Thanks Josh!