Write In Votes for BOD Election

[Guest Bill]

We are a single family residence HOA in South Carolina. Our Annual Membership Meeting is coming up soon. At this meeting we will elect two new members of our BOD. Our Management Company has sent the 30 day notice which includes the proxy/ballot form. The candidates are listed and there is also a space for "write in_________" Our governing documents state that "Nominations for elected members to the board of directors shall be made by a nominating committee. Nominations may also be made from the floor at the annual meeting". The documents then further describe how the nominating committee places those members in nomination. The documents are completely silent on write in votes, no reference whatsoever. Our state law on not for profit corporations is also completely silent on the issue. Questions: 1. Under these circumstances would write in votes for board members be legitimate votes to be counted? 2. Is the space for "write in___" on the proxy/ballot proper under these circumstances?

[Richard Brown]

On 4/28/2023 at 4:46 PM, Guest Bill said:

Questions:

1. Under these circumstances would write in votes for board members be legitimate votes to be counted?

Yes. 

On 4/28/2023 at 4:46 PM, Guest Bill said:

2. Is the space for "write in___" on the proxy/ballot proper under these circumstances?

Yes. I assume members attending in person will also have the option to write in a name. Are the in person ballots different from the proxy/ballots you described or does everyone use the same ballot fo regardless of whether they are there in person?

BTW, RONR strongly discourages mixing in person ballots with mail (or email) ballots as the different groups may wind up voting on different issues or names on their ballots. 
 

 

[Guest Bill]

All are the same proxy ballots members choose to mail in or deliver in person at the meeting.

Not trying to be argumentative, but I cannot see how a write in satisfies either nomination by nominating committee or nomination from floor criteria. Can you help me understand?
 

[Gary Novosielski]

On 4/28/2023 at 8:54 PM, Guest Bill said:

All are the same proxy ballots members choose to mail in or deliver in person at the meeting.

Not trying to be argumentative, but I cannot see how a write in satisfies either nomination by nominating committee or nomination from floor criteria. Can you help me understand?
 

I think so:

By definition, write-ins are votes for otherwise eligible persons who have not been nominated.

Edited April 29, 2023 at 01:28 AM by Gary Novosielski

[Atul Kapur]

On 4/28/2023 at 8:54 PM, Guest Bill said:

Not trying to be argumentative, but I cannot see how a write in satisfies either nomination by nominating committee or nomination from floor criteria. Can you help me understand?

True, a write-in is not nominated at all. But RONR has no requirement that voters are limited to voting for nominated candidates - they can vote for anyone they wish.

Do your bylaws state that voters may only vote for nominated candidates?

[puzzling]

Puzzling should there not be enough space to have two write in candidates?

I don't think that it is a big problem that candidates nominated from the floor are not on the (pre printed) ballot.

There is a difference between members who did come to the election meeting and those that didn't (the members at the election meeting do know who were nominated from the floor)

And I do see problems on what to do if not enough candidates get a majority vote , how to organise the second round?

[J. J.]

On 4/28/2023 at 8:54 PM, Guest Bill said:

All are the same proxy ballots members choose to mail in or deliver in person at the meeting.

Not trying to be argumentative, but I cannot see how a write in satisfies either nomination by nominating committee or nomination from floor criteria. Can you help me understand?
 

Unless your bylaws specifically require only people nominated may be elected, nominations are not required for election by ballot (46:2).  The criteria that someone needs to be nominated to be elected does not exist, unless your bylaws state it. 

 

[Guest Bill]

Thank you all. I think I got it now. While our documents describe how candidates can be nominated, but do not limit who members can vote for, write ins are perfectly acceptable and would not violate any of our documents.

 

Correct?? 

[Guest Bill]

Thank you all. I think I got it now. While our documents describe how candidates can be nominated, but do not limit who members can vote for, write ins are perfectly acceptable and would not violate any of our documents.

 

Correct?? 

[puzzling]

On 4/29/2023 at 1:47 PM, Guest Bill said:

Thank you all. I think I got it now. While our documents describe how candidates can be nominated, but do not limit who members can vote for, write ins are perfectly acceptable and would not violate any of our documents.

 

Correct?? 

Sounds okay

[Atul Kapur]

On 4/29/2023 at 8:47 AM, Guest Bill said:

Correct

As far as we know, yes (not having read your governing documents).