Executive board right to terminate an election after voting has begun.

[Guest Gemini85]

Recently, a national executive board terminated elections to the board and announced the decision was to start over. Here is an excerpt -- the essence -- of what members received: "...The Executive Committee of the #### Board met this evening to discuss a few concerns about the launch of today’s election. Although the system sent emails to all the candidates requesting pictures and bios for the ballot, some of the candidates did not receive the email in their inbox....In light of this, the Executive Committee has made the decision to terminate the election immediately and relaunch the election to rectify this situation. We believe that this decision aligns with our commitment to integrity and equality and will serve the best interests of our candidates, our organization and all its members...."

Does an elected executive board have the right to relaunch an election after it has started? Its bylaws are silent on the matter. There is no provision in the bylaws that gives the board the right to relaunch an election. Can, therefore, the board make such a decision by default in the absence of language in its bylaws?

[Joshua Katz]

No. The board has no power over an election conducted by the membership (absent a bylaws provision giving it such power).

[Gary Novosielski]

On 6/8/2023 at 1:04 PM, Guest Gemini85 said:

Recently, a national executive board terminated elections to the board and announced the decision was to start over. Here is an excerpt -- the essence -- of what members received: "...The Executive Committee of the #### Board met this evening to discuss a few concerns about the launch of today’s election. Although the system sent emails to all the candidates requesting pictures and bios for the ballot, some of the candidates did not receive the email in their inbox....In light of this, the Executive Committee has made the decision to terminate the election immediately and relaunch the election to rectify this situation. We believe that this decision aligns with our commitment to integrity and equality and will serve the best interests of our candidates, our organization and all its members...."

Does an elected executive board have the right to relaunch an election after it has started? Its bylaws are silent on the matter. There is no provision in the bylaws that gives the board the right to relaunch an election. Can, therefore, the board make such a decision by default in the absence of language in its bylaws?

Absolutely not, absent an explicit power enumerated in the bylaws.  

If the rules in RONR apply, the executive board has no business having so much as moderately strong opinion about how the Membership conducts its own elections, especially if voting has begun. 

And even if the executive bord is granted such exceptional powers, RONR provides that once voting has begun, nothing can interrupt it, not even a privileged motion--not even a Point of Order!   See: 19:6, 45:6.  If I'm not mistaken, it's about the only rule in RONR that admits of no exceptions.

 

[Atul Kapur]

Apparently this election is occurring outside of a meeting and by email, mail, or the equivalent.

Where are the rules governing this process? What body do these rules authorize to conduct the election? 

[Gary Novosielski]

On 6/8/2023 at 1:36 PM, Atul Kapur said:

Apparently this election is occurring outside of a meeting and by email, mail, or the equivalent.

Where are the rules governing this process? What body do these rules authorize to conduct the election? 

Yes, business can continue in a meeting while voting continues outside it.  But that business conducted in the meeting can't interrupt the voting process, and any points of order about the conduct of the election must wait until the results are announced.