Candidate withdraws

[LuAnn]

We are a Non-Profit.  Our General Meeting and Elections for Board of Directors are being held tonight.  I just got word that one of the candidates would like to withdraw.  This candidate was the only candidate on the ballot for her position.  I am not entirely sure how to move forward, although I understand that the ballots which are already printed should not be changed by marking her name off.   

I can announce that the candidate has withdrawn prior to the election taking place, but I understand that doesn’t really prevent anyone from voting for her.  If she wins, she will have to withdraw.  My bigger concern is how do we fill that position without having to hold another election specifically for that position only?  

We allow write-in candidates.  Can I call for nominations prior to the ballots being handed out and if there is someone willing to serve, can we advise the membership if they wish to elect that person, write them in?  

And if there is no one nominated or willing to serve at the meeting tonight, how then do we fill that position?
 

 

[Richard Brown]

On 10/19/2022 at 10:17 AM, LuAnn said:

We are a Non-Profit.  Our General Meeting and Elections for Board of Directors are being held tonight.  I just got word that one of the candidates would like to withdraw.  This candidate was the only candidate on the ballot for her position.  I am not entirely sure how to move forward, although I understand that the ballots which are already printed should not be changed by marking her name off.   

I can announce that the candidate has withdrawn prior to the election taking place, but I understand that doesn’t really prevent anyone from voting for her.  If she wins, she will have to withdraw.  My bigger concern is how do we fill that position without having to hold another election specifically for that position only?  

We allow write-in candidates.  Can I call for nominations prior to the ballots being handed out and if there is someone willing to serve, can we advise the membership if they wish to elect that person, write them in?  

And if there is no one nominated or willing to serve at the meeting tonight, how then do we fill that position?
 

 

Unless your own rules prohibit it, you should call for nominations from the floor prior to voting and also permit write-in candidates.

I cannot give you the RONR citations at the moment, but I imagine others will weigh in with additional information and citations.

[Josh Martin]

On 10/19/2022 at 10:17 AM, LuAnn said:

We are a Non-Profit.  Our General Meeting and Elections for Board of Directors are being held tonight.  I just got word that one of the candidates would like to withdraw.  This candidate was the only candidate on the ballot for her position.  I am not entirely sure how to move forward, although I understand that the ballots which are already printed should not be changed by marking her name off.   

I don't know that anything in RONR would prohibit changing the printed ballots, although it is certainly possible that something in your rules would prohibit it, and/or that doing so may be difficult as a practical matter given the short notice.

On 10/19/2022 at 10:17 AM, LuAnn said:

I can announce that the candidate has withdrawn prior to the election taking place, but I understand that doesn’t really prevent anyone from voting for her.  If she wins, she will have to withdraw.

Yes, your understanding of the rules on this subject is correct.

On 10/19/2022 at 10:17 AM, LuAnn said:

My bigger concern is how do we fill that position without having to hold another election specifically for that position only?  

We allow write-in candidates.  Can I call for nominations prior to the ballots being handed out and if there is someone willing to serve, can we advise the membership if they wish to elect that person, write them in?  

I am not certain, based upon the facts provided, whether nominations should be called for from the floor automatically, or whether a motion from the floor would be required to permit this. What do your bylaws say concerning nominations?

In any event, members who wish to vote for a person not printed on the ballot (whether such a person has been nominated or not) should indeed write in the name of that person to vote for that person.

"On a ballot vote in an election or other vote involving multiple possible choices, members are able to write in or fill in a vote for any eligible person or choice and are not confined to voting for or against candidates that appear on the ballot." RONR (12th ed.) 45:18

On 10/19/2022 at 10:55 AM, Richard Brown said:

Unless your own rules prohibit it, you should call for nominations from the floor prior to voting and also permit write-in candidates.

I certainly agree with respect to write-in candidates, but I am not certain concerning nominations from the floor. RONR does not categorically provide that nominations from the floor are permitted. RONR provides that nominations from the floor are permitted if the method of nominations is nominations from the floor (of course) or if the method of nominations is nominations from a committee. But RONR does not automatically provide for nominations from the floor if the method of nominations is different (such as nominations by mail). In such a case, however, the assembly could vote to reopen nominations (and presumably would agree to do so in a case like this).

Edited October 19, 2022 at 05:03 PM by Josh Martin

[Richard Brown]

On 10/19/2022 at 12:02 PM, Josh Martin said:

I certainly agree with respect to write-in candidates, but I am not certain concerning nominations from the floor. RONR does not categorically provide that nominations from the floor are permitted. RONR provides that nominations from the floor are permitted if the method of nominations is nominations from the floor (of course) or if the method of nominations is nominations from a committee. But RONR does not automatically provide for nominations from the floor if the method of nominations is different (such as nominations by mail). In such a case, however, the assembly could vote to reopen nominations (and presumably would agree to do so in a case like this).

I agree. My answer was based upon my understanding that the nominations were made by a nominating committee, but upon rereading the original post, I see that we were not told specifically how the initial nominations were made.

[Gary Novosielski]

But nothing we've seen so far would prevent the making of a motion to reopen nominations, which would require a majority vote.   It might be too late to add those names to the printed ballot, but voters could be instructed to write in the name of one of the late-nominated candidates.

[puzzling]

On 10/19/2022 at 4:17 PM, LuAnn said:

I understand that doesn’t really prevent anyone from voting for her.  If she wins, she will have to withdraw.

not sure if she has to withdraw if she wins.

she is likely to withdraw  but does she have to?

(maybe she is so flattered by a majority wanting her that she gives into the pressure)