Does no write-in option in the election matters?

[Baofeng Ma]

In our unit Zoom meeting (Dec 2022), the officers were elected. There are two candidates for vice president position.  The names were put on goggle doc (ballot) without write-in option provided. 45:18 says " 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."

It looks that our voting procedure was against this rule, but no body raised it, therefore would it be ok?  How does the write-in matter? 

[Josh Martin]

On 12/7/2022 at 1:40 PM, Baofeng Ma said:

It looks that our voting procedure was against this rule, but no body raised it, therefore would it be ok?  How does the write-in matter? 

I think it depends on whether the bylaws require a ballot vote. If they do, then it would seem to me that there is certainly a continuing breach.

"Voting by ballot (also known as secret ballot) is used when secrecy of the members' votes is desired. A ballot vote is a vote taken by instruments, such as slips of paper or electronic devices, by which members can indicate their choices without revealing how individual members have voted. 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

"Their use to fulfill a ballot requirement in the bylaws may be directed in the same manner, provided that the devices meet the criteria for a ballot vote as stated in 45:18. Members must be able to indicate their choices without revealing how they have voted. If the devices are to be used for an election, provision must be made to allow voters to cast write-in votes." RONR (12th ed.) 45:42

"The only exceptions to the requirement that a point of order must be made promptly at the time of the breach arise in connection with breaches that are of a continuing nature, whereby the action taken in violation of the rules is null and void. In such cases, a point of order can be made at any time during the continuance of the breach—that is, at any time that the action has continuing force and effect—regardless of how much time has elapsed. Instances of this kind occur when:
e) any action has been taken in violation of a rule protecting absentees, a rule in the bylaws protecting the secrecy of the members' votes (as on a ballot vote), or a rule protecting a basic right of an individual member (25:7, 25:10–11)." RONR (12th ed.) 23:6

RONR is clear that an electronic voting method which does not permit write-in votes does not satisfy a requirement in the bylaws for a ballot vote. Additionally, RONR is clear that violation of that requirement is a continuing breach. As a consequence, a Point of Order can and should be raised on this matter at the next meeting, and the election should be declared null and void.

In the alternative, if the bylaws do not require a ballot vote, then I do not think anything in the facts presented suggests a continuing breach.

[Baofeng Ma]

On 12/7/2022 at 2:55 PM, Josh Martin said:

In the alternative, if the bylaws do not require a ballot vote, then I do not think anything in the facts presented suggests a continuing breach.

Our bylaws say "Election shall be by ballot". It is assumed that the vice president was elected by ballot in the meeting, but I am not very sure of that. The procedure:

1. One person sends a link (google doc, not editable by the others ) in our Zoon chat.

2. Everybody could check a favorite candidate after clicking the link. 

3. Submit when a candidate is chosen. 

4. The person (teller) calculates the results (votes for each candidate). 

Not sure:

5. Does the teller know who vote for the candidate? 

6. Does the teller report a wrong result ?

It looks it is hard to find a suitable software for ballot voting. 

 

[Baofeng Ma]

On 12/7/2022 at 2:55 PM, Josh Martin said:

RONR is clear that an electronic voting method which does not permit write-in votes does not satisfy a requirement in the bylaws for a ballot vote. Additionally, RONR is clear that violation of that requirement is a continuing breach. As a consequence, a Point of Order can and should be raised on this matter at the next meeting, and the election should be declared null and void.

In addition

46:2 "Strictly speaking, nominations are not necessary when an election is by ballot or roll call, since each member is free to vote for any eligible person, whether he has been nominated or not."

46:35 "... members still have the right, on the ballot, to cast "write-in votes" for other eligible persons.".

So no write-in deprived the members of this right. 

[Josh Martin]

On 12/7/2022 at 4:47 PM, Baofeng Ma said:

Our bylaws say "Election shall be by ballot".

Thank you. Based upon this information, it would seem to me the election is null and void, for the reasons previously stated. A member should raise a Point of Order regarding this matter at the next meeting of the assembly, followed by an appeal if necessary.

Edited December 7, 2022 at 11:28 PM by Josh Martin

[Atul Kapur]

On 12/7/2022 at 5:47 PM, Baofeng Ma said:

It looks it is hard to find a suitable software for ballot voting. 

There are a few companies that handle elections online, and that allow organizations to run their elections on the company's platform. I'm not going to give any company free advertising here, but a search for something like online election should yield some useful results. 

[Baofeng Ma]

On 12/7/2022 at 2:55 PM, Josh Martin said:

RONR is clear that an electronic voting method which does not permit write-in votes does not satisfy a requirement in the bylaws for a ballot vote. Additionally, RONR is clear that violation of that requirement is a continuing breach.

In other words, ballot voting contains two important parts( secrecy and write-in) in our case. If any part is missing during voting, it is not by ballot, and therefore against our bylaws, making a continuing breach. Correct? 

[Gary Novosielski]

On 12/8/2022 at 11:00 PM, Baofeng Ma said:

In other words, ballot voting contains two important parts( secrecy and write-in) in our case. If any part is missing during voting, it is not by ballot, and therefore against our bylaws, making a continuing breach. Correct? 

Correct.

[Baofeng Ma]

We discussed the issue today (Jan, 2nd, 2023) in our meeting. It looks that most people has a trouble of understanding the continuing breach. They believe that it should be ok if no one raises the point of order in time. 

Edited January 3, 2023 at 12:38 AM by Baofeng Ma
correction

[Caryn Ann Harlos]

On 12/7/2022 at 10:24 PM, Atul Kapur said:

There are a few companies that handle elections online, and that allow organizations to run their elections on the company's platform. I'm not going to give any company free advertising here, but a search for something like online election should yield some useful results. 

I can't find any that allow write-ins.  I would love it if someone can let me know 

Edited January 3, 2023 at 01:50 AM by Caryn Ann Harlos