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Elections of Officers After Revising Amendments


Guest Linda O

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Our organization held elections in Oct. 2022. The term for President and Vice President at that time was for one year, with the opportunity to be voted in again for one more year at the next elections (Oct. 2023). Two new people were voted in as Pres. and Vice Pres. in Oct. 2022 and have now served one year.

In May 2023, the ByLaws were amended to state that the Pres. and Vice Pres. would serve a 2 yr. term and could not be re-elected into those positions.

Where does that leave the elections for the Pres. and Vice Pres. for this Oct. 2023? The ones that were elected last yr. are willing to serve again this yr. Are these positions to be elected again? For the "2nd yr." as was under the old amendments? Or for the 2 yr. time period? That would then mean that these people could serve 3 yrs. in total?

Assistance in determining this situation would be appreciated.

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On 9/19/2023 at 6:24 PM, Guest Linda O said:

Our organization held elections in Oct. 2022. The term for President and Vice President at that time was for one year, with the opportunity to be voted in again for one more year at the next elections (Oct. 2023). Two new people were voted in as Pres. and Vice Pres. in Oct. 2022 and have now served one year.

In May 2023, the ByLaws were amended to state that the Pres. and Vice Pres. would serve a 2 yr. term and could not be re-elected into those positions.

Where does that leave the elections for the Pres. and Vice Pres. for this Oct. 2023? The ones that were elected last yr. are willing to serve again this yr. Are these positions to be elected again? For the "2nd yr." as was under the old amendments? Or for the 2 yr. time period? That would then mean that these people could serve 3 yrs. in total?

Assistance in determining this situation would be appreciated.

If you have accurately stated all relevant facts, it would appear that the term in office for your President and Vice-President will not end until October of 2024.  No election for these positions should be held in 2023, and when their terms end in 2024 they will not be eligible for reelection.

The amendment adopted in May of 2023 changed the duration of the term in office of these officers from one year to two years, and rendered them ineligible for reelection in 2024, unless it was specifically provided at the time of adoption of this amendment that it was not to do so.  See RONR, 12th ed., 57:15-17 for further explanation.

 

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