Not holding an election if only 1 person submits a nomination (no allowance for write ins).

[Guest tsladev]

Our NFP has officers and representatives. All are elected via mail at the end of nominations. Officers have elections even if uncontested while the org has decided to save the money if representatives of the various groups are uncontested. No vote is taken, no write ins allowed. The by laws are silent on this but the practice has been in effect for a long time. It is being questioned. Can the organization skip the elections as specified in the by laws if there are no challengers for the positions? 

[Joshua Katz]

What do the bylaws specify? Do they specify a ballot vote?

[Guest tsladev]

EDIT: They also do not have the secretary cast 1 ballot. There is no process at all-just installing the uncontested, unelected representatives.

[Gary Novosielski]

You need to answer @Joshua Katz's question:  whether the bylaws say that elections are to be held by ballot vote. 

• If ballot votes are required, then this rule cannot be suspended for any reason, not even to save a little money.  And write-in votes must be allowed on the ballot unless the bylaws explicitly prohibit them.
• If ballot votes are not required, or if there is an exception for uncontested seats, then the chair announces that the single candidate for the office is "elected by acclamation".  There is no additional process, and therefore no opportunity for write-ins, and there is definitely no single vote by the secretary or anyone else.

In the latter case, if you object to the single candidate being elected, your only course of action, in the absence of write-ins,  is to nominate someone else to compete for that office.

By the way who is "the org" who decided to save money, if not the membership?  Was this the result of some vote somewhere by some body with the authority to change the election rules?  Is there any actual meeting of the membership where you could move to have all the offices elected by ballot?  This would require a second, and a majority vote. 

So, the two questions: What do the bylaws say about ballots, and is there a meeting before the election?

 

 

 

[Guest Yes]

"Elections shall be conducted by mail ballot, except where the elections committee by unanimous vote determines that time does not permit a mail ballot. If in-person balloting becomes necessary, the elections committee shall develop and administer procedures for in-person balloting in conformity with the applicable regulations of the Labor Management Reporting and Disclosure Act (Title IV, LMRDA)." 

[Guest tsladev]

The secretary, who is the election chair stated that although it is not "in the bylaws" it's been done for decades. We, members and reps were not asked. I ran for my own position, and was shocked that no ballot was put forth to my group's constituents. Was told, I had no written challenger, therefore, there is no election. I asked, what about write ins and where do we have the authority to do so? 

[Guest tsladev]

@Gary NovosielskiThere is a meeting before the election of representatives as well as a meeting of general membership. Candidates without challengers were not presenting their "candidate statements" nor was any paper vote, mail or in person allowed to the membership. (Except for the main Officers) Pre., VP, Sec'y, Trsr were unopposed yet ballots were mailed for them and they made candidate statements at this meeting. The Election procedures for Reps such as I states " Elections for adjunct Executive Council/Specialist Executive Council reps shall be conducted by the college-wide elections committee by mail. Appropriate modifications will be made at the sole discretion of the Elections Committee to the mail ballot procedures described in Article IV so as to facilitate the mail ballot elections of Adjunct Executive Council representatives." I am an adjunct Exec Council Rep.

[Josh Martin]

On 4/13/2023 at 7:41 PM, Guest tsladev said:

They also do not have the secretary cast 1 ballot.

Good, because that's, at best, an antiquated and pointless procedure. It must also be understood that this process cannot be used as a "workaround" for a requirement for a ballot vote.

On 4/13/2023 at 7:41 PM, Guest tsladev said:

There is no process at all-just installing the uncontested, unelected representatives.

In circumstances where the bylaws do not require a ballot vote, or if they require a ballot vote but provide an exception for uncontested elections, this is the corr. The chair simply declares the sole candidates elected by acclamation.

On the other hand, if the bylaws require a ballot vote and provide no exceptions, then a ballot vote must be held, even for uncontested elections.

On 4/13/2023 at 8:15 PM, Guest Yes said:

"Elections shall be conducted by mail ballot, except where the elections committee by unanimous vote determines that time does not permit a mail ballot. If in-person balloting becomes necessary, the elections committee shall develop and administer procedures for in-person balloting in conformity with the applicable regulations of the Labor Management Reporting and Disclosure Act (Title IV, LMRDA)." 

Based on these facts, it appears to me a ballot vote is required even if the elections are uncontested.

On 4/13/2023 at 8:28 PM, Guest tsladev said:

The secretary, who is the election chair stated that although it is not "in the bylaws" it's been done for decades. We, members and reps were not asked. I ran for my own position, and was shocked that no ballot was put forth to my group's constituents. Was told, I had no written challenger, therefore, there is no election. I asked, what about write ins and where do we have the authority to do so? 

I concur that, under the organization's rules, the organization is required to hold a ballot vote, even for uncontested elections, notwithstanding that the organization has failed to follow this requirement for decades. You can (and should) always start doing it right now.

I would add that, if the organization wishes to amend the bylaws to provide an exception for uncontested elections, it is free to do so, but unless and until this occurs, the bylaws as they are currently written must be followed.

Edited April 14, 2023 at 04:01 PM by Josh Martin

[Guest tesladev]

Thank you Josh. I've suggested exactly that(amend the bylaws via procedure). What is the recourse for a member if election's chair refuses? This is a large NFP union at a county facility.. 

[Josh Martin]

On 4/14/2023 at 4:44 PM, Guest tesladev said:

What is the recourse for a member if election's chair refuses?

I understand this question to be asking what is the recourse for a member if the election refuses to send the ballots for this question as required by the bylaws. In such a case, the recourse would be to raise a Point of Order regarding this matter at the next regular meeting of the organization or at a special meeting called for the purpose. If the chair rules the point well taken, the member could then also move to Appeal, and if this is seconded, that will place the ultimate decision on this matter in the hands of the assembly.

[Guest tesladev]

Item was raised at meeting. Election committee chair (org sec'y)said it would be discussed in her committee (she feels ballot not necessary as done for years). Pres. (Chair) said nothing.

No action will be taken by board. Any recourse?

[Atul Kapur]

Guest Yes referenced the LMRDA. If that act applies to your organization then you may have legal remedies under the act. You will need to seek legal counsel about that.

[Gary Novosielski]

On 4/14/2023 at 7:05 PM, Josh Martin said:

If the chair rules the point well taken, the member could then also move to Appeal

But why?

[Josh Martin]

On 4/15/2023 at 7:18 PM, Gary Novosielski said:

But why?

The "not hole" strikes again.

On 4/15/2023 at 9:06 AM, Guest tesladev said:

Item was raised at meeting. Election committee chair (org sec'y)said it would be discussed in her committee (she feels ballot not necessary as done for years). Pres. (Chair) said nothing.

No action will be taken by board. Any recourse?

Action could be taken at a meeting of the membership on this matter.

As Dr. Kapur notes, it may also be there is legal recourse, but that is beyond the scope of RONR and this forum, and such questions should be directed to an attorney.

Edited April 16, 2023 at 02:19 PM by Josh Martin