HOA Board Election

[Guest Declan]

The HOA help an election in an 8 unit building and everyone has 3 votes. There was a 4 way tie. What should be the next legal steps because as it happened the 4 way tie occurred and then one person just decided to drop out after the results were read. This however possibly was deemed planned as the the person who decided to "drop out" knew who was voting for him and knew who he didn't want to be on the board and so by just dropping out it devalued any of that person's vote. Shouldn't there have been a revote for the 4 way tie for all members in the association to have the opportunity to revote for the runoff or a complete do over? 

[Josh Martin]

On 10/6/2023 at 12:45 PM, Guest Declan said:

The HOA help an election in an 8 unit building and everyone has 3 votes. There was a 4 way tie. What should be the next legal steps because as it happened the 4 way tie occurred and then one person just decided to drop out after the results were read. This however possibly was deemed planned as the the person who decided to "drop out" knew who was voting for him and knew who he didn't want to be on the board and so by just dropping out it devalued any of that person's vote. Shouldn't there have been a revote for the 4 way tie for all members in the association to have the opportunity to revote for the runoff or a complete do over? 

How many people are being elected here?

In any event, the proper next steps in these circumstances, unless there is something in the bylaws providing for some other mechanism for resolving this matter, is to vote again, regardless of whether one or more of the candidates "drops out." The member may be removed from the subsequent ballot, but the votes cast for him on the previous ballot must be credited.

"Whichever one of the preceding methods of election is used, if any office remains unfilled after the first ballot, the balloting is repeated for that office as many times as necessary to obtain a majority vote for a single candidate. When repeated balloting for an office is necessary, individuals are never removed from candidacy on the next ballot unless they voluntarily withdraw—which they are not obligated to do. The candidate in lowest place may turn out to be a “dark horse” on whom all factions may prefer to agree.
 
In an election of members of a board or committee in which votes are cast in one section of the ballot for multiple positions on the board or committee, every ballot with a vote in that section for one or more candidates is counted as one vote cast, and a candidate must receive a majority of the total of such votes to be elected. If more candidates receive such a majority vote than there are positions to fill, then the chair declares the candidates elected in order of their vote totals, starting with the candidate who received the largest number of votes and continuing until every position is filled. If, during this process, a tie arises involving more candidates than there are positions remaining to be filled, then the candidates who are tied, as well as all other nominees not yet elected, remain as candidates for the repeated balloting necessary to fill the remaining position(s). Similarly, if the number of candidates receiving the necessary majority vote is less than the number of positions to be filled, those who have a majority are declared elected, and all other nominees remain as candidates on the next ballot." RONR (12th ed.) 46:32-33

[Guest Guest Declan]

On 10/6/2023 at 2:53 PM, Josh Martin said:

How many people are being elected here?

In any event, the proper next steps in these circumstances, unless there is something in the bylaws providing for some other mechanism for resolving this matter, is to vote again, regardless of whether one or more of the candidates "drops out." The member may be removed from the subsequent ballot, but the votes cast for him on the previous ballot must be credited.

"Whichever one of the preceding methods of election is used, if any office remains unfilled after the first ballot, the balloting is repeated for that office as many times as necessary to obtain a majority vote for a single candidate. When repeated balloting for an office is necessary, individuals are never removed from candidacy on the next ballot unless they voluntarily withdraw—which they are not obligated to do. The candidate in lowest place may turn out to be a “dark horse” on whom all factions may prefer to agree.
 
In an election of members of a board or committee in which votes are cast in one section of the ballot for multiple positions on the board or committee, every ballot with a vote in that section for one or more candidates is counted as one vote cast, and a candidate must receive a majority of the total of such votes to be elected. If more candidates receive such a majority vote than there are positions to fill, then the chair declares the candidates elected in order of their vote totals, starting with the candidate who received the largest number of votes and continuing until every position is filled. If, during this process, a tie arises involving more candidates than there are positions remaining to be filled, then the candidates who are tied, as well as all other nominees not yet elected, remain as candidates for the repeated balloting necessary to fill the remaining position(s). Similarly, if the number of candidates receiving the necessary majority vote is less than the number of positions to be filled, those who have a majority are declared elected, and all other nominees remain as candidates on the next ballot." RONR (12th ed.) 46:32-33

Thank you. To make sure I understand correctly, since there are only 3 spots to fill when the 4th member dropped out even after the votes were counted then the 3 remaining are automatically on the board? The issue being that the person who dropped out knew ahead of time he would manipulate someone else's vote to be rendered useless. Does this make sense and is there any prevention for this type of behavior? 

[Gary Novosielski]

No, you do not understand correctly.

If there was a four-way tie on the first ballot, and one person dropped out, that name may be deleted from the second ballot, but the election is not complete yet.  There may be write-ins on the second ballot that will affect the result.  In fact, the name that was deleted may still be written in.

Edited October 6, 2023 at 11:54 PM by Gary Novosielski

[Josh Martin]

On 10/6/2023 at 3:48 PM, Guest Guest Declan said:

To make sure I understand correctly, since there are only 3 spots to fill when the 4th member dropped out even after the votes were counted then the 3 remaining are automatically on the board?

No. This is the exact opposite of what I said.

Another round of voting must be held. What I am saying, however, is that this person's name may be removed on the subsequent ballot. (I suppose you don't have to remove him from the ballot. You could keep someone on the ballot who has no intention of serving if elected, but I'm not sure why.)

Now, if it is indeed the case that there are only three other candidates, then certainly those persons are very likely to win if there are three positions. But nominations could be reopened, or members could cast write-in votes.

On 10/6/2023 at 3:48 PM, Guest Guest Declan said:

The issue being that the person who dropped out knew ahead of time he would manipulate someone else's vote to be rendered useless. Does this make sense and is there any prevention for this type of behavior? 

His motivations are irrelevant. Regardless of whether the member behaved as you describe, or if the member had in good faith intended to serve if elected but later changed his mind, the fact remains that another round of voting must be held.

On 10/6/2023 at 6:52 PM, Gary Novosielski said:

In fact, the name that was deleted may still be written in.

I suppose, if members decide they haven't wasted the assembly's time enough already.

Edited October 7, 2023 at 12:15 AM by Josh Martin

[Gary Novosielski]

On 10/6/2023 at 8:14 PM, Josh Martin said:

I suppose, if members decide they haven't wasted the assembly's time enough already.

I have learned never to underestimate the willingness of members to waste the assembly's time beyond all reason.

[Guest Process]

Thank you. The election voting guy declared the vote over. Is there any recourse? Also, is there any literature I can point the voting guy to to confirm this information? 

[Josh Martin]

On 10/7/2023 at 1:09 PM, Guest Process said:

Thank you. The election voting guy declared the vote over. Is there any recourse?

A Point of Order concerning this matter may be raised at the next meeting of the assembly.

On 10/7/2023 at 1:09 PM, Guest Process said:

Also, is there any literature I can point the voting guy to to confirm this information? 

"Whichever one of the preceding methods of election is used, if any office remains unfilled after the first ballot, the balloting is repeated for that office as many times as necessary to obtain a majority vote for a single candidate. When repeated balloting for an office is necessary, individuals are never removed from candidacy on the next ballot unless they voluntarily withdraw—which they are not obligated to do. The candidate in lowest place may turn out to be a “dark horse” on whom all factions may prefer to agree.
 
In an election of members of a board or committee in which votes are cast in one section of the ballot for multiple positions on the board or committee, every ballot with a vote in that section for one or more candidates is counted as one vote cast, and a candidate must receive a majority of the total of such votes to be elected. If more candidates receive such a majority vote than there are positions to fill, then the chair declares the candidates elected in order of their vote totals, starting with the candidate who received the largest number of votes and continuing until every position is filled. If, during this process, a tie arises involving more candidates than there are positions remaining to be filled, then the candidates who are tied, as well as all other nominees not yet elected, remain as candidates for the repeated balloting necessary to fill the remaining position(s). Similarly, if the number of candidates receiving the necessary majority vote is less than the number of positions to be filled, those who have a majority are declared elected, and all other nominees remain as candidates on the next ballot." RONR (12th ed.) 46:32-33

Edited October 7, 2023 at 07:59 PM by Josh Martin